Delivery and delivery periods. 8.1 The delivery periods specified by and agreed with Xxxxx Xxxxxxxx are approximate and are not to be considered deadlines. If a delivery period is exceeded, this will not oblige Xxxxx Xxxxxxxx to pay compensation and will not entitle the Client not to fulfil any obligations arising from the Agreement or to suspend them. However, the Client is entitled to terminate the Agreement if and to the extent that Xxxxx Xxxxxxxx does not perform the work within a reasonable period set by the Client. Xxxxx Xxxxxxxx will not be liable for compensation in such cases.
8.2 The delivery period is based on the working conditions prevailing at the time of the conclusion of the Agreement and on timely delivery of the items and/or services that Xxxxx Xxxxxxxx requires for the performance of the Agreement. If a change in working conditions and/or the non-timely delivery of items and/or services required by Xxxxx Xxxxxxxx cause a delay, the delivery period will be extended to the extent necessary.
8.3 The delivery period will be extended by the duration of the delay that affects Xxxxx Xxxxxxxx as a result of the Client's failure to fulfil any obligation arising from the Agreement or to provide the cooperation requested from the Client with respect to the performance of the Agreement.
8.4 Xxxxx Xxxxxxxx is authorised to perform an Agreement in parts and claim payment for that part of the Agreement that has been performed.
Delivery and delivery periods. 1. The right to deliver commercially and materially standard deviations in quality, construction and colour is reserved. Even non-commercially standard design and form modifications are permitted to Seller, unless the modification or deviation is not reasonable for Buyer in the individual instance.
2. Delivery dates or periods are to be specified in writing. If they are to be bind- ing, then the binding nature is also to be agreed in writing. Delivery periods begin with the date of the order confirmation, but not before Buyer provides any necessary documents, approvals or authorisations, or before receipt of an agreed deposit in individual cases. The punctuality of the delivery is defined by the time at which the goods are handed over to the shipper or loaded onto a vehicle of Seller, or by the time of readiness for shipment in the event that the shipment or provision of the goods was delayed by circumstances for which Xxxxx is responsible. If an acceptance test is to be performed, the date of the test is authoritative – except in the event of justified refusal to accept – sup- ported by the communication of the readiness for acceptance. Subsequent modifications to the contract agreed to upon Xxxxx’s initiative and influenc- ing the delivery time extend the delivery time accordingly.
Delivery and delivery periods. 6.1 Specified and agreed delivery dates are approximate only and are not deadlines. If CYCLUPS fails to deliver by a certain date or within a certain period, it is not thereby liable to pay compensation, and the Customer is not entitled to terminate the Order and/or to suspend or set off any of its obligations arising from the Order.
6.2 Specified and agreed delivery dates are based on the work situation at the time the Order was entered into and on the prompt supply of goods required by CYCLUPS for the performance of the Order. If there is any delay as a result of any change in the work situation or failure to supply the goods required by CYCLUPS in good time, then the delivery period will be extended accordingly. Customer will be informed of any such delay as soon as possible.
6.3 Delivery dates or delivery periods will be extended by the duration of any delay on the part of CYCLUPS as a result of failure by the Customer to comply with any of its obligations under the Order or to provide its requested assistance in the performance of the Order.
6.4 CYCLUPS is entitled to perform the Order in parts and to claim for payment for such part of the Order as has been performed. In such a case, each delivery is deemed to be the subject of a separate Order. However, the failure by CYCLUPS to comply with any such separate Order does not relieve the Customer of its obligations under other separate Orders.
6.5 All abbreviations of international commercial terms and conditions of delivery in any Order are deemed to refer to the Incoterms 2020, or the latest version thereof. Delivery will be made under the agreed terms in accordance with the Incoterms 2020, or the latest version thereof. If no terms are agreed for delivery, then delivery will be ex works. The risk in respect of the goods transfers to the Customer at the time when delivery is made in accordance with the agreed Incoterm.
6.6 The transport and insurance costs are the responsibility and risk of the Customer, unless expressly agreed otherwise in a delivery term in accordance with the Incoterms. CYCLUPS shall not be liable for any delays, loss or damage in transit.
6.7 The Customer must insure the goods from the moment of delivery for the duration of the retention of title against fire, explosion, water, and other damage, and against theft, and provide CYCLUPS with a copy of these insurance policies on request. All claims by the Customer against the insurers of the goods for goods not yet paid for in full b...
Delivery and delivery periods. In all orders, whether it be individual orders, delivery plan schedules, or blanket purchase orders, the delivery periods specified are binding and an important contractual obligation. All services must be performed on the specified date at the place named by MATEC. In the event of delays of the supplier, MATEC is entitled to institute legal claims. The delivery period begins with the order. Decisive for compliance with the delivery period is the arrival of the supply at the receiving or utilization place specified by MATEC. The supplier is obliged to inform XXXXX immediately in writing if circumstances arise or come to be known by him, from which it appears that the agreed delivery period cannot be complied with. In this case he has to obtain the decision from MATEC about continued maintenance of the order. About the absence of necessary documents to be provided by MATEC the supplier can use that as a defense only if he has sent a reminder for them in writing and has not received them within a reasonable period. The delivery is done at the cost of the supplier, free of expenses, freight and packaging costs at the receiving or utilization place specified by MATEC. The risk is transferred to MATEC only after acceptance at the receiving or utilization place. If departing from these conditions, delivery is not agreed upon as DAP MATEC Koengen according to the Incoterms 2010, including insurance and customs charges, the supplier has to make the goods ready for loading and dispatch at the right time and to ask the mutually agreed cargo forwarder or MATEC for being taken away. The supplier is obliged to inform MATEC of the goods being ready for dispatch and to agree on the modalities of forwarding with the dispatch department of MATEC. The acceptance of goods is possible only during the existing hours for acceptance of goods. For disregard of this regulation the supplier becomes liable for any additional costs that may possibly arise. The supplier is deemed to have defaulted in his performance if he crosses the agreed delivery period, without there being any need for a reminder in advance. In the case of a delay in supply MATEC is entitled to institute legal claims and the supplier is obliged to compensate MATEC for the damage caused by the delay. The acceptance of delayed deliveries does not mean any waiver of further claims resulting from the delay. Besides that MATEC in particular has the right, after fruitless expiry of a reasonable waiting period, to demand...
