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General terms and conditions

General terms and conditions of
CE-T GmbH Düsseldorf
Behrenstr. 85, 40233 Düsseldorf

§ 1 Scope of application
1.
These terms and conditions apply to all purchases from CE-T GmbH, which are made by entrepreneurs/business customers. Entrepreneurs/business customers in this sense (hereafter: customer) are natural or legal persons or legal partnerships, who at the time of entering the sales contract with CE-T GmbH are exercising out their commercial or self-employed professional activity.
2.
By placing his order/reservation/ contractual offer or closing a contract, the customer confirms that he is an entrepreneur/business customer and is acting commercially.
3.
By placing his order/reservation/ contractual offer or closing a contract, the customer simultaneously recognizes the terms and condition of CE-T GmbH and agrees that their own terms and conditions that oppose to these are excluded and not valid in connection with any legal transaction with Fa. CE-T GmbH
4.
These terms and conditions are also valid for any future transactions with the customer, as long as it pertains to legal transaction of similar nature.

§ 2 Contract closure
1.
The presentation does not constitute a binding offer for the CE-T GmbH, but an invitatio ad offerendum, based on which the customer makes an offer for a contract closure through an order or reservation, which has to be expressively accepted by CE-T GmbH through a written order confirmation.
If an order / reservation is not executed immediately, you will receive an order confirmation to the e-mail address or fax connection. This order confirmation does not represent acceptance of your offer. It only informs you that your order / reservation has been received.
A purchase agreement with us is only realized through the fact that we inform you in writing about the acceptance of your offer - also by e-mail or by handing over the desired product to you or to a transport person / forwarding company for pick-up.
2.
We are entitled to accept a contract offer placed through your order / reservation within seven working days after receipt. During this time, the customer is bound to his offer. If the deadline expires without a reaction, then the offer is deemed rejected.

We are entitled to reject the acceptance of any order / reservation and in the event of limiting the sold item to a commercial quantity, the purchase contract will be effective if the customer does not immediately object to the order confirmation.

3.
Each conclusion of a contract is subject to the proviso, that if self-delivery takes place incorrect, improperly, and in a non-timely manner, it is not or only partially carried out. Insofar as this is not due to intentional or grossly negligent behavior, we are not liable for this.

4.
In the case of an Internet purchase, the conditions of the contract closure are determined by the offer format according to the criteria specified in the terms and conditions of the respective internet platform, e.g. Ebay. In the case of the use of Ebay § 9 AGB, which is included there, applies. The customer makes a legally binding declaration of consent by clicking on the button "Send", after having been requested to verify his data by Ebay, so that the customer had the opportunity to recognize and correct any input errors. Separate order confirmations are not always generated. The confirmation is made by executing the delivery according to the order.

§ 3 Order/reservation
The reservation of a product through the company CE-T GmbH is simultaneously and in every case equivalent to making the company CE-T GmbH an offer of purchase.

§ 4 Agreement concerning properties
1.
For products, that are not assigned to the categories B, C-1 oder C-2= returned merchandise, the properties agreed upon at the time of the closure of the contract are derived exclusively from the manufacturer’s data of the respective instruction manual. Deviations can only be agreed upon in writing.
2.
B stock are goods, which for example are not originally packaged, but are considered new or as good as new. These are fully functional at the time of delivery. As used products, they are sold under exclusion of warranty. If defects that were undetectable at the time of handing over the product are detected hereafter, these must be reported immediately.
3.
C-1 goods are items that are used or considered used. Often times they are not in the original packaging. They regularly returned to the original seller by their former owners due to scratches, bumps, defects etc. CE-T GmbH neither verifies nor warrants a faultless functionality.
4.
C-2 goods or returned goods are items, which are used, incomplete, defective and/or damaged. CE-T GmbH neither tests nor ensures the functionality.

5.
By ordering/reserving items of the categories B, C-1 or C-2/returned goods, the customer simultaneously recognizes, the item’s properties correspond to the properties which are described in § 4 paragraphs 1, 2, 3 and 4.

6.
If the company CE-T GmbH does not explicitly state a classification into the categories B-goods or C-1 goods, the item belongs to the category C-2 / Retour goods.

§ 5 Prices and shipping costs
1.
The excellent prices are net prices, which exclude VAT (value-added tax). Significant for the price assessment is the price quotation stated at the time of order/reservation. The customer is responsible for shipping / transport of the goods, costs and risks, unless otherwise expressly agreed upon in writing.

2.
It is the customer’s responsibility to make sure that the delivery / transport of the goods is carried out in accordance with the agreed product category.

3.
The prices valid on the day of delivery shall apply from the warehouse in Düsseldorf excluding packaging, unless expressly agreed otherwise. If we have assumed the responsibility for the freight, we shall only be accountable for the freight mentioned in the contract. Additional loads, including those resulting from the special nature of the goods (restricted goods, goods of special size, etc.) shall be borne by the purchaser. In the case of delivery of a station according to which the freight is less expensive than the one provided for in the contract, only the resulting freight will be compensated. In all cases, where the buyer has not given specific instructions, which were accepted by us, for the shipment, this will be done by us at our best discretion without any obligation for the cheapest shipping

§ 6 Payments
1.
The payment of the product by cash takes place at the latest upon collection.
2.
CE-T GmbH may demand advance payment in the case of an agreed delivery. In this case, the payment must be made at the latest before handing over the goods to the contractor upon delivery.

§ 7 Payment delay
In the event of a delay in payment, the arrangement for interest-bearing late fee shall apply. If need be, CE-T GmbH reserves the right to claim higher damages (e.g. storage costs).

§ 8 Offsetting / Right of Retention
The customer only has the right to offset claims if any claims against CE-T GmbH are either legally established or recognized by CE-T GmbH in writing. This also applies to any right to exercise the right of retention.

§ 9 Delivery
1.
The customer bears the responsibility for shipping, transport / delivery of the goods to the customer from the moment as well as from the transfer to the respective transport person, starting at our warehouse of CE-T GmbH. The customer bears the costs and risks.
2.
In the event of force majeure, CE-T GmbH’s obligation to perform the contract ceases. In this case, CE-T GmbH will refund any prior received payments to the customer immediately.

3.
CE-T GmbH shall be entitled to refuse performance, if this is connected to additional expenditures, which at the time of contract closure where unforeseen, and which could results in a serious disturbance of the business foundation and in the sense of good faith in commercial transactions, leads to a misapplication of the reciprocal interest in the fulfillment of the contract. The prerequisites are given if the actual expenses exceed more than 15% of the calculated (+ foreseeable) expenses. Any amounts already paid will be refunded to the customer.

4.
If the customer returns the product, regardless of the reason, he bears the costs and risks.
5.
The customer bears the risk of accidental loss and accidental deterioration of the goods from the date of provision for collection or transport. At collection, the customer has to immediately claim damages and deficiencies in packaging or contents as well as a non-category-corresponding goods. §377 of the German Commercial Code (HGB) applies.

6.
Any transport damage, as well as, any defects in packaging or contents must be reported by the customer to the freight forwarder / supplier upon delivery. He shall inform CE-T GmbH immediately in writing. §377 of the German Commercial Code (HGB) applies.

(1) If the purchase is a commercial transaction for both parts, the buyer has to examine the goods immediately upon delivery by the seller, as far as this is possible for a regular business transaction, and, if a defect is found, the seller must report this immediately.
(2) If the buyer refrains to report the defect, the goods shall be deemed to be approved, unless the defect is of such a nature that is beyond recognition during the inspection.
(3) If such a defect is found at a later time, the report must be made immediately after the discovery; Otherwise, the goods shall also be deemed to have been approved in respect of this defect.
(4) In order to maintain the buyer's rights, the timely sending of a report concerning the defect is sufficient.
(5) If the seller has fraudulently concealed the defect, he can not rely on these regulations.
If warranty has been agreed upon, this shall be void in the event of violation of the complaints or information obligation.

§ 10 Retention of title
1.
If, in individual cases, a transfer of the goods has been agreed upon before the purchase price has been paid completely, CE-T GmbH reserves the right to ownership of the goods. This retention of title expires if all claims arising from the business relationship with the customer, including claims from contracts concluded at the same time or later, are fulfilled.
2.
Until then, the customer is only entitled to resell or process the goods with the prior written consent of CE-T GmbH. CE-T GmbH shall only grant such consent under the condition that the purchase price claim for the resale of goods is transferred to CE-T GmbH or the reserved ownership extends to the processed product respectively.
3.
During the existence of a retention of title, the customer shall treat the goods with care.

4.
The customer is obliged to notify CE-T GmbH immediately of any third party's access to the goods, e.g. by means of attachments, as well as any damage or destruction of the goods. He is obliged to report any change in his residence or business location without delay.

5.
In the event of a breach of contract through the customer, in particular a delay in payment or a violation of one of the above obligations, CE-T GmbH is entitled to withdraw from the contract, to demand the goods out and to demand compensation.

§ 11 Liability for defects / warranty
1.
For a product (warranty case) which has already been defect at the time of collection or delivery, we either provide warranty by repair or substitute delivery, depending on the choice made by CE-T GmbH. However, this shall only apply if the goods do not belong to the categories B-goods, C-1 goods or C-2 / returns goods, unless otherwise expressly agreed upon in writing. The following regulations apply to the warranty case.
2.
The customer acknowledges that in the case of light defects, which do not significantly impair the operability of the goods, a warranty case does not exist if the goods had the agreed nature at the time of passing of risk. Furthermore, CE-T GmbH is not liable for damage caused by misuse or improper use through the customer. CE-T GmbH shall not be liable for damages, caused during transport or at the customer’s location, which are due to being exposed to harmful external influences such as exceptional temperatures, humidity, physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire or similar conditions.
3.
CE-T GmbH does not guarantee against the result of improper repairs if a service partner authorized by the manufacturer did not cause these.
4.
In case of a repair, but also in case of a possible substitute delivery, the customer has to send the goods at his expense and risk to the return address given by CE-T GmbH, having stated the order / contract number.

5.
Any agreed warranty period shall amount to six months from the date of collection / delivery of the goods, unless otherwise agreed upon in writing before conclusion of the contract.

6.
For goods in category B-goods, there is only a "power up guarantee" within a period of two weeks from collecting or transferring the good to the transport person, also if delivery has been agreed. A further warranty is expressly excluded.

7.
There is no guarantee for goods that belong to the categories C-1 or C-2 / returned goods. In the case of C-2 / returned goods, the contracting parties agree that the goods are defective. Should one of the above provisions be or become invalid, § 377 HGB applies.

8.
CE-T GmbH does not make any guarantees towards the customer in the legal sense nor assurances, whereby the manufacturer’s guarantee remains unaffected. Unless otherwise agreed in writing, we provide no warranty.

§ 12 Liability
1.
CE-T GmbH shall only be liable for negligence, if there is a case of breach of contractual obligations. The liability is limited to foreseeable damages. CE-T GmbH shall not be liable for any consequential damages negligently caused by a defect in the purchased item.
2.
Manufacturer’s guarantee is solely the warranty offered by the manufacture. By referring to the manufacturer’s warranty when transferring the manufacturer’s warranty with the good to the new owner, the warranty is not passed on to CE-T GmbH.
3.
The personal liability of the legal representatives, vicarious agents or employees of CE-T GmbH for damages caused by negligence is expressly excluded.

§ 13 Applicable law / Jurisdiction
1.
Contractual agreements between CE-T GmbH and the customer are exclusively subject to German law. CISG (UN Convention on Contracts for the International Sale of Goods) is expressively excluded.
2.
The place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Düsseldorf.

§ 14 Final provisions
1.
Should individual provisions of a contract and / or the terms and conditions set out here be or become invalid in whole or in part, the validity of the agreements reached, such as the General Terms and Conditions, shall not be affected. In the case of contracts, the contracting parties undertake to replace the ineffective or void provision with an effective provision which comes closest to the intended economic purpose.
2.
Emerging gaps are also to be closed in a corresponding manner.
3.
Amendments or additions to agreements, which refer to or are based on these General Terms and Conditions, are required in writing. This written form clause, in turn, can only be abolished, amended or supplemented in written form. An oral waiver of the written form clause is not effective.

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