|The supplier shall strive to comply with the stated delivery terms. The stated delivery times shall be based on best estimates but are not binding unless a fixed date has been agreed in the confirmation of order.
|The delivery time shall begin with the dispatch of the confirmation of order. However there shall be a reasonable extension of this time if the ordering party does not submit in good time the documentation, approvals etc. he has to supply or does not comply with his important contractual and financial obligations. The same shall apply to measures in the context of labour disputes, in particular strikes and lockouts, and the occurrence of unforeseen hindrances outside the control of the supplier, such as delayed deliveries by a subcontractor, disruption of transportation or operations, shortage of materials or energy, and which verifiably have a substantial effect on the manufacture or delivery of the object of the supply. Furthermore, the above-mentioned circumstances shall not be the responsibility of the supplier if they occur during an already existent delay of delivery.
|The delivery period shall have been complied with if the object of the delivery has left the works or readiness for dispatch has been notified by its expiry date.
|If the supplier is still in default even after the expiry of a reasonable extension of time set by the ordering party and this causes the ordering party verifiable damage, then, to the exclusion of all further claims, he shall be entitled to demand for each full week of the delay one half per cent up to a total of five per cent of the value of that part of the supply or other services which cannot be used in due time or in accordance with the contract on account of the delay. All cases of delayed delivery or service shall be excluded from further reaching claims for damages by the ordering party. This shall not apply as far as mandatory liability applies in cases of intent or gross negligence.
|This shall not affect the right of the ordering party to withdraw from the contract after the fruitless expiry of a reasonable extension of time granted to the supplier.
|Provided that fixed periods of acceptance have not been agreed, the ordering party shall accept the object of the supply within 8 days of notification of completion.
|If the ordering party has submitted an order on call, he shall undertake to call up the object of the supply - all of it in the case of ordering multiple objects of the supply - within 12 months calculated from the date of the order. Point 4.2.1 shall apply accordingly. Special conditions shall apply to development orders.
|If the ordering party does not fulfil his obligations as stated in 4.2.1 and/or 4.2.2, then the supplier shall be entitled, without prejudice to further legal claims, to demand immediate payment, to store the object of the supply on the account and at the risk of the ordering party, or to otherwise dispose of the object of the supply and to supply the ordering party at the next possible point in time. In these cases the risk of accidental loss or accidental impairment shall be transferred to the ordering party upon notification of readiness for dispatch.
|Shipment shall be ex works at the cost and risk of the ordering party. The supplier shall conclude transport, breakage, theft and other insurances only at the express request and on the account of the ordering party.
|If shipment is postponed at the request of the ordering party, then starting one month after notification of readiness for dispatch he shall be charged the costs of storage in the supplier plant, but in any case at least one half percent (0,5%) of the invoice amount for each month. After a reasonable period of notice has been set and expired fruitlessly, the supplier shall be entitled to otherwise dispose of the object of delivery, and to supply the ordering party within a reasonably extended period of time.