Common use of Delivery and transport Clause in Contracts

Delivery and transport. 1. The agreed delivery periods and delivery dates shall be binding. The supplier shall be in default without any further warning, if the agreed delivery date is not observed. 2. Should any agreed delivery dates not be observed, the statutory provisions shall apply. We are in particular entitled to rescind from the contract and demand damages in lieu of fulfilment damages at the fruitless end of reasonable grace period. 3. In case of non-observance with the delivery dates we are entitled after advance threat to demand a penalty for every commencing week of delayed delivery of 0.5 % up to 5 % of the order value. The penalties must be set-off against any damage for delayed delivery the suppliers is liable for. 4. Partial deliveries shall not be permitted, unless we have expressly consented thereto in text form. 5. Any acceptance without reservation of a delayed delivery or service shall not constitute a waiver of any claims which we may have pursuant to such delayed delivery/service. 6. Prior to the expiry of the delivery period we shall be entitled to refuse acceptance of the goods. 7. Our shipping instructions must be complied with. Any costs incurred by us as a result of any non-compliance with our shipping instructions shall be borne by the supplier. 8. Delivery shall take place at expense of the supplier at the point of delivery stipulated by us. Should we be exceptionally required to bear transport costs, the supplier must elect the mode of transport stipulated by us, and otherwise the mode of transport and method of delivery which are most favorable for us. 9. Risk shall be transferred on the occasion of acceptance by our receiving office. 10. Packaging shall be included in the price. If exceptionally contrary provisions are agreed, packaging shall be invoiced at cost price. The supplier must use the packaging stipulated by us and must ensure that the goods are protected from damage by the packaging.

Delivery and transport. 1. The agreed delivery periods and delivery dates shall be binding. The supplier shall bear the procurement risk for its services unless otherwise agreed in individual cases (e.g., limitation to stock). The supplier shall be in default without any further warning, if the agreed delivery date is not observed. 2. Should any agreed delivery dates not be observed, the statutory provisions shall apply. We are in particular entitled to rescind from the contract and demand damages in lieu of fulfilment damages at the fruitless end of reasonable grace period. 3. In case of non-observance with the delivery dates we are entitled after advance threat to demand a penalty for every commencing week of delayed delivery of 0.5 % up to 5 % of the order value. The penalties must be set-off against any damage for delayed delivery the suppliers is liable for. 4. Partial deliveries shall not be permitted, unless we have expressly consented thereto in text form. 5. Any acceptance without reservation of a delayed delivery or service shall not constitute a waiver of any claims which we may have pursuant to such delayed delivery/service. 6. Prior to the expiry of the delivery period we shall be entitled to refuse acceptance of the goods. 7. Our shipping instructions must be complied with. Any costs incurred by us as a result of any non-compliance with our shipping instructions shall be borne by the supplier. 8. Delivery shall take place at expense of the supplier at the point of delivery stipulated by us. Should we be exceptionally required to bear transport costs, the supplier must elect the mode of transport stipulated by us, and otherwise the mode of transport and method of delivery which are most favorable for us. 9. Risk shall be transferred on the occasion of acceptance by our receiving office. 10. Packaging shall be included in the price. If exceptionally contrary provisions are agreed, packaging shall be invoiced at cost price. The supplier must use the packaging stipulated by us and must ensure that the goods are protected from damage by the packaging.

Delivery and transport. 1. The agreed delivery periods and delivery dates shall be binding. The supplier shall be in default without any further warning, if the agreed delivery date is not observed. 2. Should any agreed delivery dates not be observed, the statutory provisions shall apply. We are in particular entitled to rescind from the contract and demand damages in lieu of fulfilment damages at the fruitless end of reasonable grace periodand losses. 3. In case of non-observance with the delivery dates we are entitled after advance threat to demand a penalty for every commencing week of delayed delivery of 0.5 % up to 5 % of the order value. The penalties must be set-off against any damage and loss for delayed delivery the suppliers is liable for. 4. Partial deliveries shall not be permitted, unless we have expressly consented thereto in text form. 5. Any acceptance without reservation of a delayed delivery or service shall not constitute a waiver of any claims which we may have pursuant to such delayed delivery/service. 6. Prior to the expiry of the delivery period we shall be entitled to refuse acceptance of the goods. 7. Our shipping instructions must be complied with. Any costs incurred by us as a result of any non-compliance with our shipping instructions shall be borne by the supplier. 8. Delivery shall take place at expense of the supplier at the point of delivery stipulated by us. Should we be exceptionally required to bear transport costs, the supplier must elect the mode of transport stipulated by us, and otherwise the mode of transport and method of delivery which are most favorable for us. 9. Risk shall be transferred on the occasion of acceptance by our receiving office. 10. Packaging shall be included in the price. If exceptionally contrary provisions are agreed, packaging shall be invoiced at cost price. The supplier must use the packaging stipulated by us and must ensure that the goods are protected from damage by the packaging.

Delivery and transport. 1. The agreed delivery periods and delivery dates shall be bindingbinding and shall include delivery to the place of performance. The supplier shall be in default without any further warning, if the agreed delivery date is not observed. In the absence of any specific agreement, the supplier shall be in default, should it not obverse a delivery period which is standard and reasonable having regard to the circumstances. 2. Should any agreed delivery dates not be observed, the statutory provisions shall apply. We If any delays are foreseeable, the supplier must inform us immediately thereof and seek our decision in particular entitled relation to rescind from the contract and demand damages in lieu continuation of fulfilment damages at the fruitless end of reasonable grace periodcontract. 3. In case of non-observance with the delivery dates we are entitled after advance threat to demand a penalty for every commencing week of delayed delivery of 0.5 % up to 5 % of the order value. The penalties must be set-off against any damage for delayed delivery the suppliers is liable for. 4. Partial deliveries shall as a rule not be permitted, unless we have expressly consented thereto in text formthereto. 54. Any acceptance without reservation of a delayed delivery or service shall not constitute a waiver of any claims which we may have pursuant to such delayed delivery/service. 65. Prior to the expiry of the delivery period we shall be entitled to refuse acceptance of the goods. 76. Our shipping forwarding instructions must be complied with. Any costs incurred by us as a result of any non-non- compliance with our shipping forwarding instructions shall be borne by the supplier. 87. Delivery shall take place at the expense of the supplier at the point of delivery stipulated by us. Should we be exceptionally required to bear transport costs, the supplier must elect the mode of transport stipulated by us, and otherwise the mode of transport and method of delivery which are most favorable for us. 98. Risk shall be transferred on the occasion of acceptance by our receiving office. 109. Packaging shall be included in the price. If exceptionally contrary provisions are agreed, packaging shall be invoiced at cost price. The supplier must use the packaging stipulated by us and must ensure that the goods are protected from damage by the packaging.