Common use of Before E Clause in Contracts

Before E. ON recognizes or fulfills a defect claim asserted by its customer (including reimbursement of expenses in accordance with Sections 445a para. 1, 439 para. 2 and 3 German Civil Code [BGB]), E.ON is entitled to notify the Contractor thereof and ask for a written statement by forwarding a brief summary of the facts . If the statement is not delivered within a reasonable period of time and if no consensual solution is reached, the defect claim actually granted by E.ON shall be deemed to have been owed to the customer by E.ON; in this case, the Contractor is entitled to present the counter evidence.

Before E. ON recognizes or fulfills a defect claim asserted by its customer (including reimbursement of expenses in accordance with Sections 445a para. 1, 439 para. 2 and 3 German Civil Code [BGB]), E.ON is entitled to notify the Contractor thereof and ask for a written statement by forwarding a brief summary of the facts . If the statement is not delivered within a reasonable period of time and if no consensual solution is reached, the defect claim actually granted by E.ON shall be deemed to have been owed to the customer by E.ON; in this case, the Contractor is entitled to present the counter evidencecounterevidence.