(As at 01.02.2007)
§1 General terms / coverage
Our general terms and conditions apply for all contracts and other services as amended on the point in time when the contract is concluded.
§2 Contract
All information from us or our pre-suppliers, for example about delivery dates, drawings, illustrations, features or any other information, only render approximate data. Such information are without obligation to us and serve only the purpose of informing, not promising features.
§3 Delivery
If not stated otherwise in writing, delivery is ex works. Packing will be charged to the customer who is also responsible for its disposal.
§4 Prices / conditions of payment
The prices on our latest price list and on our homepage apply plus VAT which is determined on the day of issuing an invoice. If not otherwise stated in writing, our invoices are due to payment cash on delivery or prepayment. Orders from outside of Germany have to be settled by sale against cash in advance on receipt of invoice. Forwarding charges will be charged depending on the target country and overall weight of the ordered goods. Immediate delivery follows remittance for the amount payable.
§5 Retention of title
All delivered items stay subject to our proprietorship until all outstanding debits have been complied with the requirements of the business relationship. Claims of a customer, due to resale of the retained goods, transfer immediately from the customer to us and we accept the act of transfer.
§6 Right of withdrawal
A customer has the right of withdrawal. Thus the customer may send the goods back to us within 14 days after receipt of the goods without giving reasons. It is sufficient if the goods are posted on the last date of respite. Alternatively, the customer has the right of notice of withdrawal which has to be in writing but does not need explanation. The notice of withdrawal has to reach us within 14 days after receipt of the goods. In this case also, the customer is responsible of returning the received goods to us in time. Thus the requirements here fore depend on the nature of the goods and their condition of re-sale ability (no trace of usage, adequate packaging for transport). Cancellation has to be sent to the following address: 3E GmbH, Schotten 6, 25554 Nortorf.
§7 Warranty
The customer is suppose to control the goods immediately after delivery. Visible defects have to be stated in writing at the latest within 8 days, but in any case before installation. If we do not receive a written complaint, the goods are considered free of defects and accepted. Promises concerning features of the goods have to be in writing. If the goods have defects, we have the right to choose remedy of defects or fringe benefit remuneration. If we fail remedy or fringe benefit remuneration, the customer has the right to cancel the contract or demand reduction of price. In contracts with consumers, warranty accounts for 24 months. In contracts with wholesalers or retailers, warranty accounts for 12 months. If not otherwise stated in writing, further claims from customers, no matter on what legal ground, are excluded. Thus we can only be made liable for defects directly related to shipping. We are not reliable for subsequent damage, missed out profit or other financial losses for the customer. Preceding relief from liability does not apply if the damage was caused by premeditation, gross negligence, as well as claims according to § 1,4 of the Product Liability Act. In case of us breaching liabilities essential to the contract, liability to pay damages concerning objects or people is constricted to the typically arising damage. The customer has sole responsibility of choice, installation, use as well as the with this intended results regarding the ordered goods. Warranty is excluded when the delivered goods are being installed wrong or by not authorised people, improper use or otherwise changed.
§8 Place of fulfillment, Court of Jurisdiction and Applicable Law
Place of delivery is 25554 Nortorf. Court of jurisdiction, if legally allowed, is county court and district court respectively in Itzehoe. German law applies exclusively to the exclusion of conflict of law. In case of one of the preceding clauses being void by law, or should become void by law, validity of the other clauses maintains.