Common use of Delivery and Delay Clause in Contracts

Delivery and Delay. 6.1 Any information provided by PTV with regard to delivery times shall be non-binding. Binding dates of delivery shall require written approval by PTV. Partial deliveries shall be permissible if the Client is able to make reasonable use of such. 6.2 Periods of delivery shall be extended by the period in which PTV is prevented, without itself being responsible, from providing the contractually agreed services particularly, but not limited to, through labor disputes, acts of God or any other unusual and unforeseeable events (collectively “Force Majeure Event”) as well as an appropriate period for restarting after the end of the disturbance. If a Force Majeure Event lasts for more than three (3) months, each Contracting Party shall have the right to rescind from or, if the respective contract constitutes continuing obligations, terminate the contract. In such case, any prepaid remuneration shall be repaid in accordance with the statutory provisions. 6.3 Periods of delivery shall be extended by the period PTV is forced to wait for information or cooperation on the part of the Client. In the event of an extension, an appropriate period for restarting after the end of the disturbance for PTV will be considered. 6.4 Any reminders or time limits set by the Client shall be made in writing in order to become effective. In the event that PTV delays a Delivery, the Client shall have the right to terminate or withdraw from the Agreement only after a written respite has elapsed without success, which (except in particularly urgent cases) must amount to at least twelve (12) working days. No respite has to be granted if the Client cannot be reasonably expected to do so. Sec. 10 of these Terms of Use shall apply to any payment of damages in this context.