Common use of Date of Delivery or Shipment Clause in Contracts

Date of Delivery or Shipment. Delivery date shall not be binding unless, a binding delivery date has been expressly agreed upon in the contract. Firm deals (§ 376 sect. 1 HGB - German Commercial Code) must be expressly agreed upon in writing. A binding delivery date is deemed to have been observed if the object of delivery has either been handed over by STÜKEN to a shipping agent, freight forwarder or any other person or institution appointed to execute the dispatch or the Customer has been informed by STÜKEN that the goods are ready for dispatch. The delivery date shall be postponed by a reasonable period of time, if the Customer is in arrears with his payment or any other obligations towards STÜKEN. Should conditions dictate, the delivery date may be postponed until such time that the Customer resumes a current payment status or until such time that technical and commercial issues have been satisfactorily clarified. In the case of a late performance by STÜKEN the Customer may only withdraw from the contract, assert a claim for damages besides the performance and damages instead of the performance (§§ 323 sect. 1, 280 sect. 0, 000 xxxx. 0 XXX - Xxxxxx Civil Code) if default has occurred and the Customer has in addition to this fixed an appropriate final deadline for the performance. This final deadline is to be fixed in writing. Damages for a breach of the obligations may only be demanded by the Customer in the case of wilful intent, gross negligence, because of injury to life, the body or the health or due to the breach of essential contractual obligations. Should the Customer assert damages caused by default, then these shall be limited for each full month of the default to 1/2 %, for a maximum however of 5 %, of the value of that part of the total delivery, which can not be delivered or used on time due to the default. In the event that the dispatch is delayed for reasons for which STÜKEN may not be held responsible then the Customer, beginning from one month after the notification of readiness of dispatch, shall be invoiced for the costs incurred for storage with at least 1/2 % of the invoice amount per month, insofar as the Customer shall not prove that no damages have been incurred whatsoever or that the damages were far less significant.

Date of Delivery or Shipment. Delivery date shall not be binding unless, unless a binding delivery date has been expressly agreed upon in the contract. Firm deals (§ 376 sect. 1 HGB - German Commercial Code) must be expressly agreed upon in writing. A binding delivery date is deemed to have been observed if the object of delivery has either been handed over by STÜKEN STUEKEN to a shipping agent, freight forwarder or any other person or institution appointed to execute the dispatch or the Customer has been informed by STÜKEN that the goods are ready for dispatch. The delivery date shall be postponed by a reasonable period of time, time if the Customer is in arrears with his payment or any other obligations towards STÜKENSTUEKEN. Should conditions dictate, the delivery date may be postponed until such time that the Customer resumes a current payment status or until such time that technical and commercial issues have been satisfactorily clarified. In the case of a late performance by STÜKEN STUEKEN, the Customer may only withdraw from the contract, assert a claim for damages besides the performance and damages instead of the performance (§§ 323 sect. 1, 280 sect. 0, 000 xxxx. 0 XXX - Xxxxxx Civil Code) if default has occurred and the Customer has in addition to this fixed an appropriate final deadline for the performance. This final deadline is to be fixed in writing. Damages for a breach of the obligations may only be demanded by the Customer in the case of wilful willful intent, gross negligence, because of injury to life, the body or the health or due to the breach of essential contractual obligations. Should the Customer assert damages caused by default, then these shall be limited for each full month of the default to 1/2 %, for a maximum however of 5 %, of the value of that part of the total delivery, which can cannot be delivered or used on time due to the default. In the event that the dispatch is delayed for reasons for which STÜKEN STUEKEN may not be held responsible then the Customer, beginning from one month after the notification of readiness of dispatch, shall be invoiced for the costs incurred for storage with at least 1/2 % of the invoice amount per month, insofar as the Customer shall not prove that no damages have been incurred whatsoever or that the damages were far less significant.

Date of Delivery or Shipment. Delivery date shall not be binding unless, a binding delivery date has been expressly agreed upon in the contract. Firm deals (§ 376 sect1980 Act. 1 HGB No. 89/2012 - German Czech Commercial Code) must be expressly agreed upon in writing. A binding delivery date is deemed to have been observed if the object of delivery has either been handed over by STÜKEN to a shipping agent, freight forwarder or any other person or institution appointed to execute the dispatch or the Customer has been informed by STÜKEN that the goods are ready for dispatch. The delivery date shall be postponed by a reasonable period of time, if the Customer is in arrears with his payment or any other obligations towards STÜKEN. Should conditions dictate, the delivery date may be postponed until such time that the Customer resumes a current payment status or until such time that technical and commercial issues have been satisfactorily clarified. In the case of a late performance by STÜKEN the Customer may only withdraw from the contract, assert a claim for damages besides the performance and damages instead of the performance (§§ 323 sect. 1, 280 sect. 0, 000 xxxx. 0 XXX - Xxxxxx Civil Code) if default has occurred and the Customer has in addition to this fixed an appropriate final deadline for the performance. This final deadline is to be fixed in writing. Damages for a breach of the obligations may only be demanded by the Customer in the case of wilful intent, gross negligence, because of injury to life, the body or the health or due to the breach of essential contractual obligations. Should the Customer assert damages caused by default, then these shall be limited for each full month of the default to 1/2 %, for a maximum however of 5 %, of the value of that part of the total delivery, which can not be delivered or used on time due to the default. In the event that the dispatch is delayed for reasons for which STÜKEN may not be held responsible then the Customer, beginning from one month after the notification of readiness of dispatch, shall be invoiced for the costs incurred for storage with at least 1/2 % of the invoice amount per month, insofar as the Customer shall not prove that no damages have been incurred whatsoever or that the damages were far less significant.

Date of Delivery or Shipment. Delivery date shall not be binding unless, unless a binding delivery date has been expressly agreed upon in the contract. Firm deals (§ 376 sect. 1 HGB - German Commercial Code) must be expressly agreed upon in writing. A binding delivery date is deemed to have been observed if the object of delivery has either been handed over by STÜKEN STUEKEN to a shipping agent, freight forwarder or any other person or institution appointed to execute the dispatch or the Customer has been informed by STÜKEN that the goods are ready for dispatch. The delivery date shall be postponed by a reasonable period of time, time if the Customer is in arrears with his payment or any other obligations towards STÜKENSTUEKEN. Should conditions dictate, the delivery date may be postponed until such time that the Customer resumes a current payment status or until such time that technical and commercial issues have been satisfactorily clarified. In the case of a late performance by STÜKEN XXXXXXX, the Customer may only withdraw from the contract, assert a claim for damages besides the performance and damages instead of the performance (§§ 323 sect. 1, 280 sect. 0, 000 xxxx. 0 XXX - Xxxxxx Civil Code) if default has occurred and the Customer has in addition to this fixed an appropriate final deadline for the performance. This final deadline is to be fixed in writing. Damages for a breach of the obligations may only be demanded by the Customer in the case of wilful willful intent, gross negligence, because of injury to life, the body or the health or due to the breach of essential contractual obligations. Should the Customer assert damages caused by default, then these shall be limited for each full month of the default to 1/2 %, for a maximum however of 5 %, of the value of that part of the total delivery, which can cannot be delivered or used on time due to the default. In the event that the dispatch is delayed for reasons for which STÜKEN STUEKEN may not be held responsible then the Customer, beginning from one month after the notification of readiness of dispatch, shall be invoiced for the costs incurred for storage with at least 1/2 % of the invoice amount per month, insofar as the Customer shall not prove that no damages have been incurred whatsoever or that the damages were far less significant.

Date of Delivery or Shipment. Delivery date shall not be binding unless, a binding delivery date has been expressly agreed upon in the contract. Firm deals (§ 376 sect. 1 HGB - German Commercial Code) must be expressly agreed upon in writing. A binding delivery date is deemed to have been observed if the object of delivery has either been handed over by STÜKEN STUEKEN to a shipping agent, freight forwarder or any other person or institution appointed to execute the dispatch or the Customer has been informed by STÜKEN that the goods are ready for dispatch. The delivery date shall be postponed by a reasonable period of time, if the Customer is in arrears with his payment or any other obligations towards STÜKENSTUEKEN. Should conditions dictate, the delivery date may be postponed until such time that the Customer resumes a current payment status or until such time that technical and commercial issues have been satisfactorily clarified. In the case of a late performance by STÜKEN STUEKEN the Customer may only withdraw from the contract, assert a claim for damages besides the performance and damages instead of the performance (§§ 323 sect. 1performance, 280 sect. 0, 000 xxxx. 0 XXX - Xxxxxx Civil Code) if default has occurred and the Customer has in addition to this fixed an appropriate final deadline for the performance. This final deadline is to be fixed in writing. Damages for a breach of the obligations may only be demanded by the Customer in the case of wilful willful intent, gross negligence, because of injury to life, the body or the health or due to the breach of essential contractual obligations. Should the Customer assert damages caused by default, then these shall be limited for each full month of the default to 1/2 %, for a maximum however of 5 %, of the value of that part of the total delivery, which can not be delivered or used on time due to the default. In the event that the dispatch is delayed for reasons for which STÜKEN STUEKEN may not be held responsible then the Customer, beginning from one month after the notification of readiness of dispatch, shall be invoiced for the costs incurred for storage with at least 1/2 % of the invoice amount per month, insofar as the Customer shall not prove that no damages have been incurred whatsoever or that the damages were far less significant.