ATMOS
Chair 21 P
ATMOS MedizinTechnik
GmbH & Co. KG
Ludwig-Kegel-Str. 16
79853 Lenzkirch / Germany
Tel. +49 7653 - 6 89-0
Fax +49 7653 - 6 89-190
atmos@atmosmed.com
www.atmosmed.com
Operating Instructions
English
503.0730.B
503.0700.B
2011-06 Index: 04
MedizinTechnik
2
ATMOS
Telefon: + 49 7653 689-0
Fax:
+ 49 7653 689-190
+ 49 7653 689-292 (Service Center)
E-Mail: atmos@atmosmed.com
Internet: http://www.atmosmed.com
MedizinTechnik GmbH & Co. KG
Ludwig-Kegel-Str.16
79853 Lenzkirch
Germany
page
1.0 Introduction .......................................................... 3 - 5
1.1 Notes on operating instructions ................................... 3
1.2 Function ...................................................................... 4
1.3 Intended use ............................................................... 4
1.4 Scope of supply ........................................................... 5
1.5 Transport and storage .................................................5
1.6 Explanation of symbols ............................................... 5
2.0 For your safety .......................................................... 6
3.0 Installation and start-up ......................................7 - 8
3.1 Operating elements .....................................................7
3.2 Fixing the ATMOS Chair 21 P .....................................7
3.3 Mounting the foot rest ................................................. 8
3.4 Fixation of the back rest .............................................. 8
3.5 Adjusting the head rest ............................................... 8
3.6 Removing the head rest .............................................. 8
4.0 Operation ................................................................... 9
4.1 Adjusting the seat height .............................................9
4.2 Rotating the upper part ............................................... 9
4.3 Adjusting the backrest .................................................9
5.0 Cleaning and care ................................................... 10
6.0 Maintenance and service ........................................ 11
7.0 Troubleshooting ...................................................... 11
8.0 Options and spare parts .........................................12
8.1 Options ......................................................................12
8.2 Spare parts ................................................................ 12
9.0 Technical data ......................................................... 13
10.0 Testing / Disposal ....................................................14
10.1 Checking ATMOS devices ......................................... 14
10.2 Disposal .................................................................... 14
11.0 Notes on EMC ..........................................................14
Declaration of Conformity
ATMOS General Standard Terms and Conditions
Table of contents
3
1.0 Introduction
These operating instructions contain important notes on how to operate the ATMOS Chairo 21 P or
safely, correctly and effectively. Their reading helps to avoid risks, and also to reduce repair costs
and down-time. That increases, amongst other things, the reliability and service-life of the device.
These operating instructions serve not only for new operating personnel to be instructed in its use,
but also for use as a reference manual.
These operating instructions must always be kept available near the device.
Care and safety inspections in conjunction with professional execution provide for operational safety
and readiness for use of your ATMOS Chair 21 P and are therefore a must besides regular cleaning.
Repair work and safety inspections may be carried out only by expert personnel authorised by
ATMOS. By applying only original spare parts you will have the guarantee that operational safety,
readiness for work and the value of your ATMOS Chair 21 P will be preserved..
● The product ATMOS Chair 21 P bears CE marking CE according to the EC
Directive of the council for medical products 93/42/EEC, Directive 2007/47/EC dd.
05 September 2007 and meets the basic requirements of annex I of this directive.
● The quality management system applied at ATMOS has been certifi ed according to international
standards EN ISO 9001 and EN ISO 13485.
● Prior to start-up please peruse chapter 2.0 „For your safety“, in order to be prepared for any
possible dangerous situations.
Please store this document near the device for later use!
These operating instructions are valid for the following devices:
• ATMOS Chair 21 P REF 503.0730.0
Colour: white-dove blue
• ATMOS Chair 21 P REF 503.0700.0
Coulor: basic-dove blue
• ATMOS Chair 21 P REF 503.0701.0
Special colour
1.1 Notes on operating instructions
4
1.2 Function
The ATMOS Chair 21 P (for patients) guarantees a
comfortable deportment for the patient (seating or
half-lying position) at optimum examination position.
The ATMOS Chair 21 P is equipped with a mechanical
height adjustment. The seat height can be varied
between 46 - 66 cm.
The upper part of the chair is easily rotary around 360°
and can be arrested in every height and rotary position by
a fi xing brake.
The inclination of the backrest is infi nitely variable from
approx. -5° forward to 45° backward.
1.3 Intended use
Main function
This patient chair enables the optimum positioning of the patient
with regard to height and the position (seating position or half-
lying position)
Application
For treatment of human beings (=positioning)
Specifi cation of the main function
• Height adjustment of the seat by mechanical hydraulics
pump from
approx. 46 cm up to approx. 66 cm
• 360° rotation
• Can be arrested in every height and every rotary position
• Backrest can be inclined from –5° up to 45° by gas com-
pression spring
• Height-adjustable head-rest
Intended use
Movement of the patient
Application durability
Temporarily (up to 60 minutes)
Application environment
In hospitals and practices of ENT doctors and phoniatricians
Application limitations
• Not as swivel chair resp. swivel-swing chair for the nystag-
mus examination
• Not for patients with a weight of more than 150 kg
• Backrest inclination only with chairs which are screwed
tightly on the fl oor
1.0 Introduction
5
1.4 Scope of supply
Prior to dispatch, this ATMOS device was subjected to an extensive functional test and has been carefully packed.
Nevertheless, please compare the contents of the shipment on completeness immediately upon receipt (see delivery note)
1.6 Explanation of symbols
Warning,
especial diligent notice!
Serial number
Order number
Creation date
The CE sign shows that this
product meets the appropriate
requirements of the
EC Directive.
Important information!
1.0 Introduction
● Ambient conditions:
Transport/Storage: -20...+50 °C;
5...90 % air humidity
non-condensing
at air pressure 700...1060 hPa
Operation and
battery charging: +5...+35 °C;
20...80 % air humidity
non-condensing
at air pressure 700...1060 hPa
Graduierter
Sekretbehälter (1l)
Sekretbehälterdeckel mit 3facher
Übersaugsicherheit
REF
SN
1.5 Transport and storage
● The transport of the device may be effected only in a
dispatch carton upholstered and offering suffi cient protec-
tion.
● Please document and report damages in transit immediately. For complaints or return deliveries, please use
the enclosed form QD 434.
The form QD 434 can also be downloaded from the
internet www.atmosmed.de.
● The unit must be allowed to stand for up to six hours at
room temperature prior to starting up for the fi rst time
following transport at temperatures below freezing. The
unit may not be operated if it has not acclimatised as this
might damage its diaphragms.
6
2.0 For your safety
To guarantee safe operation of the ATMOS Chair 21 P, it
has to be screwed tightly on the fl oor.
The swivel joint must be arrested (multifunctional lever in
uppermost position = swivel locking) in all cases, prior to
access respectively exit of the patient and prior to starting
the examination (after positioning of the patient).
The warranty will be rendered invalid in case of damages
caused due to the utilization of accessories or consumables
which are not approved by ATMOS for use with these
chairs.
ATMOS neither guarantees error-free function nor is
ATMOS liable for personal injury and damage to property if
• no original ATMOS parts are being used,
• the advice for use in these operating instructions is not
being observed,
• assembly, new settings, alterations, extensions
and repairs have been carried out by personnel not
authorised by ATMOS.
The ambient conditions specifi ed in section 9.0 "Technical
specifi cations" must be strictly observed!
Prior to use a visual inspection is required. If any
parts are defective the ATMOS Chair 21 P may
not be used. Please contact your service partner.
For your safety
!
7
Fig 1. ATMOS Chair 21 P with selectable option
rigid footrest
3.1 Operating elements
Head-rest
Lever for adjusting the backrest
Lever for height adjustment
Footrest (option)
3.0 Installation and start-up
Fig. 2. Drillings for fastening of the base plate
➞
➞
➞
➞
3.2 Fixing the ATMOS Chair 21 P
To guarantee safe operation of the ATMOS Chair 21 P,
it has to be screwed tightly on the fl oor.
This patient chair is fastened by means of the enclosed
fi xing set. For this the cover plugs must be removed from
the fastening drillings and the chair must be fi xed to the
fl oor with dowels and screws (Fig 2).
8
3.3 Mounting the footrest
Use the enclosed Allen wrench and the 2 socket screws
to fi x the footrest from the bottom to the seat. Due to the
elongated holes in the mounting plate, the footrest
can individually be positioned.
3.4 Fixation of the back rest
Insert the back rest into the provided opening. The round bolts
are locked into place in slightly tilting them forwards (
, Fig. 4)
and tightening them with the cylinder head screw
M 8x20 and the spring washer Ø 8,1 (
, Fig. 4) .
3.5 Adjusting the head-rest
The height of the head rest can be adjusted by turning the
screw (
, Fig 5). It is possible to adjust the headrest in two
different positions. The headrest can completely be swivelled
backwards and then be pulled out from its support (Fig. 6).
Fig 5.
Clamping screw
Fig. 3. Fixation of the foot rest
➞
➞
3.6 Removing the head-rest
The head-rest can be removed by pulling it upwards out of
the backrest.
3.0 Installation and start-up
Fig 4. Fixation of the back rest
Fig. 6. Turning the head-rest
9
4.3 Adjusting the backrest
The backrest can be adjusted to the desired position by
pressing the lever (
, fi g. 8) backwards.
Release the lever which will then return to its initial position.
The backrest remains in the adjusted position.
When pressing the lever again backwards the installed
gas compression damper will induce the backrest to
return to upright position.
Fig 8.
Lever for adjusting the backrest
4.2 Rotating the upper part
The upper part of the chair with the patient can be
completely rotated by moving the multifunction lever from
its highest position (rotation arresting) to the fi rst snap-in
position or even lower till the brake is completely released.
Then rotate the upper part of the chair with the patient and
move the multifunction lever again in highest position
(rotation arresting) when the desired position is achieved.
Fig 7.
Multifunctional lever ATMOS Chair 21 P
4.1 Adjusting the seat height
The swivel joint must be arrested (multifunctional
lever in uppermost position = swivel locking) in all
cases, prior to access respectively exit of the patient.
Move the multifunctional lever (, fi g. 7) in a pumping
manner to adjust the chair upwards.
Arrest the chair in the desired position (multifunctional
lever in highest position = height locking).
By pressing the multifunction lever completely down, the
chair can be adjusted to its lowest position.
4.0 Operation
10
Recommended surface disinfectants
Disinfectant Ingredients (in 100 g) Manufacturer
TERRALIN Benzal conium chloride 20 g Schülke & Mayr, Norderstedt
(Concentrate) Phenoxypropanole 35 g
QUATOHEX Didecyl dimethyl Braun, Melsungen
(Concentrate) ammonium chloride 14 g
Benzal conium chloride 10 g
Bi-guanidinium acetate 7,5 g
Polymer biguanid 0,5 g
Cleaning agents
Incidin Plus Glucoprotamin 26,0 g Henkel, Düsseldorf
(Concentrate) Nonionic tensides
Solvents, complexing agents
General instructions for cleaning and disinfecting exterior
surfaces:
Always observe the instructions for use by the
manufacturer of the disinfectants, above all,
concentration specifi cations and instructions relating
to the material compatibility.
Covering material is made of synthetic leather. Pay
attention to material compatibility when cleaning or
disinfecting the chair. We recommend to clean the upper
part of the chair after every application..
Do not use any
• disinfectants containing concentrated organic
or anorganic acids, since these may cause
corrosion damages,
• disinfectants containing chloramides, phenol
derivates or anionic tensides, since these may
cause stress cracks in the plastic material used.
5.0 Cleaning and care
11
Only ATMOS technicians or experts authorized by ATMOS
are allowed to open the ATMOS Chair 21 P resp. to repair
or maintain it (with the exception of the cleaning work
described in these operating instructions). Pay attention
to technical and hygienic precautionary measures and
note the remarks in the service instructions for the ATMOS
Chair 21 P.
Country-specifi c legislation is to be observed.
ATMOS neither guarantees error-free function nor is
ATMOS liable for personal injury and damage to property
if
• no original ATMOS parts are being used,
• the advice for use in these operating instructions is not
being observed,
• assembly, new settings, alterations, extensions and
repairs have been carried out by personnel not
authorised by ATMOS.
The warranty will be rendered invalid in case of damages
caused due to the utilization of accessories or consumables
which are not approved by ATMOS for use with these
chairs.
6.0 Maintenance and service
7.0 Troubleshooting
The ATMOS Chair 21 P was subjected to a close quality examination before leaving the factory. If, however, any problems
should occur please contact an ATMOS service technician.
error indication possible cause remedy
height adjustment lifting column is defective exchange lifting column
is not possible only by ATMOS service technician
downward movement of the lifting column is defective exchange lifting column
chair under load only by ATMOS service technician
backrest cannot be adjusted gas spring is defective exchange gas spring
only by ATMOS service technician
12
8.1 Options
Description REF
Footrest, rigid............................................................................................... 503.0731.0
made of silver-coloured metal tube and hard rubber
8.2 Spare parts
Backrest complete, white/dove-blue ............................................................ 503.0712.0
Backrest complete, basic/dove-blue ............................................................ 503.0713.0
Cylinder head screw, inner edge 8x20 ....................................................... 051.0087.0
Washer 8.4 form-b ....................................................................................... 053.0012.0
Seat cushion, white ................................................................................... 503.0714.0
Seat cushion, basic ................................................................................... 503.0715.0
Cylinder head screw, inner edge 6x45 ....................................................... 051.0131.0
Washer 6.4 form-b ....................................................................................... 053.0006.0
Head rest complete ..................................................................................... 503.0723.0
Arm rest complete ...................................................................................... 503.0720.0
Cylinder head screw, inner edge 6x30 ....................................................... 051.0083.0
Cylinder head screw, inner edge 6x20 ....................................................... 051.0082.0
Washer 6.4 form-b ....................................................................................... 053.0006.0
Base plate.................................................................................................... 503.0726.0
Counter sunk screw m 8x25 ....................................................................... 051.0387.0
Lifting cylinder.............................................................................................. 503.0716.0
Cylinder head screw, inner edge 6x20 ....................................................... 051.0082.0
Slide bearing iglidur g ................................................................................. 503.0718.0
Slide bearing iglidur g .................................................................................. 503.0717.0
Axis for backrest ......................................................................................... 503.0721.0
Axis for gas spring rear .............................................................................. 503.0724.0
Axis for gas spring front .............................................................................. 503.0725.0
Lock washer 8 ............................................................................................. 053.0110.0
Lock washer 6 ............................................................................................ 053.0109.0
Release lever for gas spring ...................................................................... 503.0727.0
Gas spring ................................................................................................. 503.0728.0
Fixation plate ............................................................................................... 503.0722.0
Seat support complete ............................................................................... 503.0710.1
Bracket for backrest complete ..................................................................... 503.0711.1
Adhesive pads ............................................................................................. 000.0959.0
8.0 Options and spare parts
13
9.0 Technical data
Height adjustment manual, pump hydraulics
Seat diameter 48 cm
Seat height 46 - 66 cm
Ambient conditions
Transport/storage
Operation
Adjustment of the backrest 50° (-5° ... 45°)
Rotation of the upper part 360°
Dimensions HxWxD 115 x 58 x 64 cm
Backrest HxW 58 x 54 cm
Folding footrest, HxW
(with optional folding foot rest)
Head-rest HxW 19 x 28 cm
Diameter of the base 60 cm
Weight 28 kg
Max. weight of the patient 150 kg
Regular safety-related inspections No
Classifi cation acc. to Annex IX
EC Directive 93/42/EEC
Directive 2007/47/EC dd. 05.09.2007
CE marking CE
UMDNS-Code 10 - 794
GMDN-Code 38448
REF 503.0730.0 white / dove blue
-20...+50 °C
5...95 % humidity without condensing,
air pressure 700...1060 hPa
+5...+35 °C
30...95 % humidity without condensing,
air pressure 700...1060 hPa
34 x 33 cm
I
503.0730.0 basic / dove blue
Issue date of technical data: 29. June 2011
14
10.0 Checking / Disposal
10.1 Checking ATMOS devices
The ATMOS devices are maintenance-free in the case they are used according to the operating instructions.
Regular, thoroughly cleaning and disinfection of the application parts respectively the operation in line with the
operating instructions are assumed.
The ATMOS Chair 21 P is not an electrically operated device, therefore no EMC references are required.
11.0 Notes on EMC
10.2 Disposal
● The ATMOS Chair 21 D is not comprised of any hazardous materials.
● The materials of the housing can be recycled completely.
● Prior to disposal, device and accessories must be decontaminated.
● The materials are to be separated carefully.
● Pay attention to country-specifi c regulations for disposal (e. g. waste incineration).
Disposal within the EC
The procuct described above is a high-quality medical product with a long service
life. After its life cycle it must be disposed of professional. According to the EC directives
(WEEE and RoHS) the device may not be disposed of in domestic waste. Please observe
existing national laws and rules for disposal of old devices.
Disposal within the Federal Republic of Germany
In order to guarantee a proper disposal of your old device, please either pass on your old
device to your specialised dealer or send it directly to ATMOS MedizinTechnik for a
professional disposal.
Prior to disposal respectively before transport all parts and hoses must be
thoroughly cleaned, disinfected or sterilised. The device surface must be
disinfected.
MedizinTechnik
This Operating instructions is copyrighted. Duplication, translations, microfilming and savings on electronic systems, particularly for commercialpurposes
are illegal without prior agreement of the manufacturer. All compiled data are based on manufacturers instructions. All logos,
product names and designations used in this catalogue are property of the respective manufacturer.
We do not take over any warranty and liability in the case of missing inscriptions. Subject to modifications and amendments.
1. General:
Our General Standard Terms and Conditions apply exclusively. Client’s
terms and conditions which are contrary to or deviate from our General
Standard Terms and Conditions are not recognised unless their validity
is explicitly confirmed in writing. Our General Standard Terms and
Conditions also apply even if we deliver to clients without reservation,
in the knowledge of the client’s contrary terms and conditions. Our
General Standard Terms and Conditions also apply to all future business
with that client.
2. Proposal - Order Confirmation
Our proposals are subject to change without notice unless otherwise
stated in our order confirmation. Each order is only accepted by us
following our written order confirmation.
3. Orders
Every order requires an exact description of all of our product’s details.
We assume no liability for errors and damage caused by inaccurate or
incomplete ordering details.
4. Prices
Unless otherwise stated in the order confirmation, our prices in the
order confirmation are ex factory prices and exclude packaging and
value added tax. Packaging is charged separately at cost price in the
invoice. Value added tax is charged separately in the invoice according
to the legal rate on the invoice date. We reserve the right to change
prices appropriately should price reductions or increases, especially
due to wage settlements, changes in the price of materials or currency
fluctuations, be incurred. Proof of such changes will be provided for the
client on request.
5. Payment Conditions - Balancing
Unless otherwise stated in the order confirmation, our invoices
are payable with a 3% discount within 10 days (except for repair and
assembly services) or within 21 days from the invoice date net cash;
money receipts is decisive for complying with this term. We are entitled
to charge interest after the due date at a rate 2% above the relevant
basic interest rate of the German Federal Bank. Should the client have
payment arrears, we are entitled to charge interest on arrears at a rate
5% above the relevant basic interest rate of the German Federal Bank.
Should we be able to prove higher damages due to arrears, we are also
entitled to claim these. The client only has the right to balance invoices
against its own claims should such claims be confirmed in a court of
law or recognised by us. The client does not have the right of retention
due to disputed counterclaims.
6. Delivery Periods
Fulfilment of our delivery duties requires the punctual and proper
fulfilment of the client’s duties. The right to defense on the grounds of an
unfulfilled contract is reserved.Should the client default in accepting the
goods delivery or breach other cooperation duties, we are entitled either
to withdraw from the contract or claim compensation for any increased
costs incurred up to that time without setting a further deadline. The right
to make further claims is reserved. Furthermore, in such cases, the risk
of coin-cidental destruction or a coincidental deterioration in the quality
of the delivered goods is transferred to the client in the case of default
in accepting such goods or payment arrears. Acts of God or stoppages
(due to insufficient supplies of material, industrial disputes etc.) entitle
us either to demand an appropriate extension of delivery periods or to
partly or entirely dissolve the delivery contract. This does not give the
client the right to claim damages. We have fulfilled delivery periods if the
delivery goods have left our factory or the client has been informed of
the goods’ readiness for delivery within such delivery periods. Delivery
periods stipulated by the client are not recognised by us unless they
form part of our order confirmation. We adhere to legal terms and
conditions in cases where, as a result of an undue delay in the delivery
for which we are liable, the client is entitled to claim that his interests
in a continued fulfilment of the contract have ceased. We also adhere
to legal terms and conditions should a delay in delivery be caused by
deliberate or grossly negligent action by us or our representatives for
which we are responsible. We are also responsible for such actions by
our representatives or agents. Should the delivery delay not be caused
by our deliberate infringement of contractual duties for which we are
responsible, our liability is limited to damage which is regarded as typical
for that case. We are liable according to the legal terms and conditions if
and in so far as the delivery delay for which we are responsible is caused
by an infringement of a substantial contractual duty. In such cases, our
liability is also limited to damage which is regarded as typical for that
case. Should the delivery delay be caused by a culpable infringement
of non-substantial contractual duties, our client is also entitled to claim
a one-off damage compen-sation worth 3 percentage points of the
delivery value of the goods for each week’s delay, up to a maximum
which is no higher than 15 percentage points of the delivery value of
the goods
7. Delivery - Familiarisation
In the case of the delivery of devices for the medico-technical industry
which require assembly and/or familiarisation for the final customer using
specialist trade personnel (such as Ear, Nose and Throat Apparatus and
Suction Units), we reserve the right to deliver the goods exclusively to
the relevant specialist traders. Should the trader not carry out assembly
and/or familiarisation for the final customer, this is carried out by us. In
such cases, we reserve the right to charge the client for the additionally
created costs. Our specialist traders operate a recording system so
that, if necessary, our products can be traced to the final customer. The
specialist trader undertakes to immediately report to us all events and
risks which must be reported in connection with our products.
8. Passage of Risk - Packaging
Unless otherwise stated in our order confirmation, delivery is agreed
ex factory. The risk of the goods’ damage or loss is therefore transferred
to the client as soon as the goods leave the factory or the client is in
default of acceptance of the goods. This also applies to cases where we
confirm prepaid carriage. Transport packaging and all other packaging
according to the packaging regulations is not returnable. Our client is
responsible for disposing the packaging at its own cost. Our deliveries are
insured by us at the client’s expense unless explicitly otherwise agreed.
No insurance is arranged in the case of goods which are collected by
our clients. In the case of transport damage, claims are only handled if
the client receives confirmation of any damage, reduced weight or loss
by the shipping company before accepting the delivery.
9. Warranty
The client is responsible for examining the delivered goods
immediately after receiving them to determine any eventual deficiencies
or delivery errors, and to report these immediately. Should the client
fulfil this examining and reporting responsibility, and should payment
conditions be fulfilled, we shall be liable to the client within the scope
of legal regulations. Our period of warranty shall in all cases be two
years. Our client can make use of the warranty as follows, so long as
he can provide first buyer proof (in the form of an invoice or delivery
note) and provided that the product still has the original, unchanged
serial number:
a. We choose whether to fulfil our guarantee by providing repair
services free of charge - either on the client’s premises or in our factory
- or replacing the product. We can also provide these guarantee
services through an authorised company;
b. Should a product be returned to us, the client agrees to send
the product in its original or similar packaging, offering the same
protection as the original packaging, to our address or any address
notified by us.
c. Our guarantee ceases to apply if changes of any kind have been
made to our product, unless such changes have been made by us
or a company authorised by us, or have been previously agreed
upon in writing by us. Our guarantee also ceases to apply if third
parties have carried out repairs to our products or replaced parts
thereof. This applies regardless of the fact whether these measures
individually or collectively led to a deficiency of the product;
d. We accept no responsibility for damage defects caused by
- operational wear and tear;
- incorrect installation or incorrect or insufficient maintenance;
- incorrect operation of the product (in contradiction to the handbook
delivered with the product); - improper use or operating faults; -
inappropriate or negligent handling and care, especially with respect
to dirt, lime, suction of fluids, inappropriate cleaning and sterilisation;
- using accessories and/or replacement parts which are not explicitly
approved;
- incorrect assembly and/or initial operation by the client or third
parties; - the client’s negligence in handling the product; - unacceptable
operating conditions, such as humidity, temperatures, the power supply,
vibrations.
- accidents, acts of God, especially lightening, water, fire, public
unrest and insufficient ventilation. We are not liable for damage to
other objects apart from our product itself, except in the case of any
deliberate or grossly negligent actions by us or our representatives or
agents. Should no deliberate breach of contract be claimed, our liability
is limited to damage which is regarded as typical for tthat case. This
also applies in the case of our culpable infringement of substantial
contractual duties The indispensable conditions of German Liability
Law remain unaffected thereby.
- For second-hand equipment, the period of warranty shall be reduced
to a period of twelve months.
10. Reservation of Ownership
We retain ownership of our goods until the receipt of all payments
arising from the business relationship, including all demands arising
from installation orders, subsequent orders, repairs, accessory deliveries
and replacement orders. Should we have agreed upon payment on the
basis of cheque and bill transactions, the ownership reservation applies
until the cheque received by us has been paid in, and does not expire
through our credit upon receiving the client’s cheque. In the case of
a breach of contract by the client, especially payment arrears, we are
entitled to repossess our goods. Repossession of our goods repre-sents
a withdrawal from the contract, unless explicitly declared in writing by
us. We have the right to utilise the product after its repossession, whilst
the income form such use is balanced against the client’s arrears, after
deducting appropriate utilisation costs.The client is responsible for
handling the goods with care. Should maintenance and inspection work
be necessary, the client must carry these out punctually at his own cost.
Our client is entitled to sell the goods he has bought from us in a proper
sale transaction. However, he must immediately assign all outstanding
claims to the value of the final invoice sum (including value added tax)
of our claims to his customers or third parties. The client is entitled to
collect this claim even after such assignment. Our right to collect the
claim ourselves remains unaffected thereby.We undertake to release
the securities to which we are entitled if requested to do so by the
client should the realisable value of the our securities be more than 10
percentage points higher than the outstanding claims. We reserve the
right to choose the securities to be released.
11. Plans and Illustrations
We retain ownership of and copyrights to all plans, illustrations,
calculations and other documents which are attached to our proposals.
The client must receive explicit written permission before passing these
on to third parties. Imitating our legally patented products is forbidden
and will be prosecuted.
12. Jurisdiction and Place of Performance
Our central office is the place of performance for all disputes in
connection with these General Standard Terms and Conditions and
the contracts closed with clients under them. This jurisdiction excludes
other jurisdiction relating to persons or subject-matter. Furthermore, our
client is not entitled to bring charges against us in another court should
he file counter-charges, carry out counterbalancing or declare retention.
We, however, are entitled to bring charges against our client at their
general place of jurisdiction or at another relevant court recognised by
German or foreign law.Unless otherwise stated in the order confirmation,
our central office is the place of performance.
Lenzkirch, September 2008
ATMOS MedizinTechnik GmbH & Co. KG
79853 Lenzkirch/Germany
ATMOS General terms and conditions
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