Delivery time and deliveries
- The delivery time shall start after all documents (dimensional drawing, data, specifications, etc.) required for executing the order have been received, after all questions necessary for carrying out the order have been clarified, and after an advance/down payment possibly agreed upon has been received.
- We shall, even in cases involving agreed binding dates and deadlines, not be responsible for any delay in the supply of goods or services resulting from acts of God or other events which substantially restrict the supply or make it impossible, including in particular labor disputes, disruptions in operations, difficulties in the supply of energy, unrest, actions of the authorities, failure to deliver by our suppliers, transportation disruptions etc.. In such cases we shall be obliged to notify without delay the contract partner of the difficulty in the supply of goods or services as well as the likely period of delay. In such cases, any deadlines or periods for supply of services or goods shall be extended by the period of the disturbance plus a reasonable run-up period. Such unforeseeable events shall also allow us to terminate the contract in part or in whole. Any claims for damages by the contract partner are excluded unless such are based on an intentional or grossly negligent breach of duty on our part.
- If, after we have been in default, our customer grants us an appropriate extension period under threatening refusal of accepting delivery when deadline is broken, it shall be entitled to withdraw from the contract after the extension has ended fruitless. The customer shall only be entitled to assert claims for damages resulting from late or delayed delivery, if the delay was based on intent or gross negligence. Consequential damages are excluded from our liability.
- Partial deliveries of goods or the supply of services in installments shall, in so far as it is normal in the trade, be allowed and may be separately invoiced by us. Partial deliveries of goods and the supply of services in installments shall, as a special exception, be not allowed if they are unreasonable for the contract partner.
- Our duty to supply goods and services is subject to the timely and proper performance of the contractual duties of the contract partner, in particular to its duty to pay.
- If the customer does not determine a mode of dispatch, ERMET-BUCK shall be allowed to freely choose such to the exclusion of any liability for the choice made. If the customer requests modes of dispatch and/or packaging, which were previously not agreed upon and require additional expenses, the customer has to be bear the costs for them.
- If the customer is in default of acceptance or infringes other duties of cooperation, we shall be entitled to claim compensation for any damage incurred by us, including any additional expenses. In the event that the customer is in default of acceptance, the customer shall also bear the risk related to the accidental destruction or deterioration of the goods to be supplied. This shall also apply, if the customer has been informed by us that the goods are ready for dispatch and the execution of delivery is delayed on request of the contract partner.