General Terms and Conditions of Sale e4e engineers for engineers GmbH
1. General
1.1 e4e engineers for engineers GmbH offers its products and services solely based on these General Terms and Conditions of Sale. For certain services and product categories additional terms and conditions of e4e engineers for engineers GmbH or those of cooperating partner companies are valid. Special mention of these terms and conditions will be made as and when the case arises. The General Terms and Conditions of Sale valid at time of order are those published on the Website of e4e engineers for engineers GmbH at the date of order.
1.2 Goods are delivered in the quantities packaged. Minor technical variations in form, colour and mass of the goods delivered are not disputable.
1.3 e4e engineers for engineers GmbH Consulting Services are carried out and invoiced based on your written catalog of requirements.
2. Subject of Agreement
2.1 Information given on goods, consulting and other services as well as pricing is not binding.
2.2 Your order constitutes your firm offer of agreement, which e4e engineers for engineers GmbH accepts by means of an order confirmation by fax or by email.
2.3 The delivery note is included with the goods, the invoice is sent seperately by post, by fax or by email. Please check the correctness of the delivery note and invoice immediately upon receipt. e4e engineers for engineers GmbH cannot accept any delayed claims.
2.4 Please contact e4e engineers for engineers GmbH immediately if incorrect goods or an incorrect quantity has been delivered. We will arrange for the incorrectly delivered goods to be collected at our expense and see to it that you receive the correct goods as soon as possible.
2.5 We have taken every precaution to ensure the correctness of pricing and product data. If incorrect pricing or product data is found, e4e engineers for engineers GmbH reserves the right to cancel the agreement and to demand the return of the goods. In this case you can avoid the return of goods by agreeing to an appropriate price adjustment.
2.6 All prices are exclusive of VAT.
3. Delivery
3.1 The goods ordered will be delivered via a service or means of transport of our choice. Transfer of liability takes place when the goods are removed from the warehouse at the place of storage of the goods. Part deliveries are allowed.
4. Payment and Transfer of Ownership
4.1 Payment is by automatic debit transfer or by invoice. Our low pricing makes it necessary that all invoices are payable 7 days after receipt. In the case of non-transfer or revocation of debit transfer, you agree at the time of order placement to irrevocably empower your bank to provide us with your name and current address.
4.2 Should payment be in arrears, e4e engineers for engineers GmbH reserves the right to demand interest on outstanding amounts at 5% above the base rate of the European Central Bank, provided there is no proof of smaller losses.
4.3 Until all demands which arise from agreements between e4e engineers for engineers GmbH and yourself have been met, ownership of delivered goods remains with e4e engineers for engineers GmbH. You do not have the right to pledge or transfer ownership on the goods inquestion. If a third person should gain rights to the goods in question, you automatically relinquish your rights to the goods in question to us. e4e engineers for engineers GmbH accepts the return of the rights to the goods. It is your duty to inform us immediately if a third party has pledged or gained rights of ownershipin any way whatsoever to the goods in question. e4e engineers for engineers GmbH will relinquish right of ownership as soon as the realiseable value of the demands against yourselves continually exceed 20%. This is calculated relative to all open demands.
4.4 You may debit or credit against an open demand only with counter demands which are proven to be legal or have been agreed to in writing by e4e engineers for engineers GmbH. You only have the right to withhold payments pertaining to the same order.
5. Warranty and Liability
5.1 You have a special right to return delivered goods within 14 days after delivery as long as the goods are unopened or sealed. This right remains over and above the legal warranty conditions and is exercised at your own cost. Please contact e4e engineers for engineers GmbH immediately. We will arrange for the goods to be collected and, after receipt of the goods, will credit the invoiced amount and return payments already made.
5.2 The following products do not fall under paragraph 5.1 above:
- Products made to order
- Consumables such as Toner, Cartridges, lubricants, paints etc.
- Products in opened packaging, incomplete products or products in a condition which precludes reselling of the product.
5.3 Goods delivered with evident damage and incomplete deliveries must be reported to e4e engineers for engineers GmbH immediately upon receipt of the goods, hidden faults or damage immediately upon their discovery, however latest 4 days after receipt of the goods. In case of warranty we reserve the right to repair or rework, exchange the goods or issue a credit note. If the repair or rework is unsuccessful, you have the right to choose a reversing of the sale or a reduction in the purchase price. All further claims are ruled out. The period of warranty is 6 months from date of shipment for all damages.
5.4 e4e engineers for engineers GmbH accepts liability only for damages due to faulty workmanship, faulty material and gross negligence. In the case of a minor breach of a main aspect of an agreement, we hold ourselves liable solely to a typically foreseeable consequent event, limited in every case to the purchase price of the goods ordered. Consequential damages are excluded from the liabilitty.
5.5 Befor you can exercise your right to return goods or claim warranty, you are obliged to obtain a “Returned Materials Authorisation� from e4e engineers for engineers GmbH.
6. Consulting Services
6.1 e4e engineers for engineers GmbH offers as a service to find manufacturers and suppliers of mechanical, electrical and/or electronic components, assemblies and systems according to a catalog of criteria (Specification Data Sheet) and to evaluate these products as to the conformity with the catalog of criteria.
6.2 The Consulting Agreement is reached upon receipt of a written order confirmation by e4e engineers for engineers GmbH as sent per Fax, by email or by Post.
6.3 Payment becomes due as soon as the search results have been received at the address or fax number given by you.
6.4 Refer to paragraph 4 for means of payment.
6.5 Paragraph 5.4 (liability) appliesequivalently in every case.
6.6 The period of warranty is 6 months after receipt of the search results. In addition, the legal requirements of the German Civil Code for Commercial Contracts (“Werkvertrag�) apply.
7. Privacy
7.1 e4e engineers for engineers GmbH guarantees that the data contained in customer orders is only processed and stored in connection with the processing of the order as well as for internal market research and marketing purposes. Data is only passed on to related companies and organisationswithin the framework of processing the order. Should a customer specifically allow e4e engineers for engineers GmbH to use the data for other purposes, this agreement can be revoked by the customer at any time by post, fax or email.
7.2 e4e engineers for engineers GmbH will not pass on or make use of customer data further than specified in paragraph 7.1.
8. Governing Law, Jurisdiction, Effectiveness
8.1 Agreements of sale between e4e engineers for engineers GmbH and Customers are governed in all respects by the Law of the Federal Republic of Germany. Application of the UN Agreement of International Purchasing of Goods dated 11 April 1988 is expressly excluded.
8.2 Sole jurisdiction is the court of law in Frankfurt am Main, Federal Republic of Germany. e4e engineers for engineers GmbH however reserves the right to institute proceedings at the court of law in your jurisdiction.
8.3 Should any clause of these General Terms and Conditions of Sale be or become ineffective, this will not lessen the effectiveness of the remaining clauses in the document. The ineffective clause or clauses is replaced by a clause which comes closest to the spirit and purpose of the ineffective clause or clauses. This condition holds equally for omissions in the General Terms and Conditions.