Common use of Delivery Modalities Clause in Contracts

Delivery Modalities. 3.1 Limiting Supply Conditions, Force Majeure and Other Hindrances to Supply Independent of other contractual agreements, all delivery dates and deadlines are expressly subject to the absence of unfore- seen interruptions to production, sufficient supply of raw mate- rials and other third-party services required by voestalpine for timely delivery. Non-compliance with delivery dates and dead- lines in this respect shall not constitute infringement by voestal- pine on contractual obligations or other responsibilities. voestal- pine shall be released either fully or partially from its obligation to meet deadlines in fulfillment of the contract if voestalpine is hindered by an event of force majeure. Such an event shall en- title voestalpine to postpone fulfillment of the contract for the amount of the delay caused by the event or to withdraw fully or partially from its contractual obligation to deliver supplies and/ or perform services. Events of force majeure such as war, riots, explosions, fire, strikes, lock-outs and other unforeseen condi- tions that essentially complicate the performance of supply and delivery or make it impossible (including serious machine breakdowns, bottlenecks in the supply of primary materials or hindrances in transport) shall apply no matter whether they oc- cur at the supplier or at one of the designated subsuppliers. In the event that the duration of force majeure experienced by voestalpine exceeds a period of 2 weeks, voestalpine and the customer shall mutually endeavor to negotiate a solution for ex- ecution of the contractual agreement. In the event that the du- ration of force majeure experienced by voestalpine exceeds a period of 3 months and no mutual agreement is achieved, the contractual partner shall have the right to withdraw from the agreementwith respectto goodsthat have not entered production. Suchwithdrawalshallnotconstitute anyclaimsagainstvoestalpine.

Appears in 2 contracts

Samples: General Terms of Sale, General Terms of Sale

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Delivery Modalities. 3.1 Limiting Supply Conditions, Force Majeure and Other Hindrances to Supply Independent of other contractual agreements, all delivery dates and deadlines are expressly subject to the absence of unfore- seen interruptions to production, sufficient supply of raw mate- rials and other third-party services required by voestalpine Regosteel for timely delivery. Non-compliance with delivery dates and dead- lines in this respect shall not constitute infringement by voestal- pine Regosteel on contractual obligations or other responsibilities. voestal- pine Regosteel shall be released either fully or partially from its obligation to meet deadlines in fulfillment of the contract if voestalpine Regosteel is hindered by an event of force majeure. Such an event shall en- en-title voestalpine Regosteel to postpone fulfillment of the contract for the amount of the delay caused by the event or to withdraw fully or partially from its contractual obligation to deliver supplies and/ or perform services. Events of force majeure such as war, riots, explosions, fire, strikes, lock-outs and other unforeseen condi- condi-tions that essentially complicate the performance of supply and delivery or make it impossible (including serious machine breakdowns, bottlenecks in the supply of primary materials or hindrances in transport) shall apply no matter whether they oc- oc-cur at the supplier or at one of the designated subsuppliers. In the event that the duration of force majeure experienced by voestalpine Regosteel exceeds a period of 2 weeks, voestalpine Regosteel and the customer shall mutually endeavor to negotiate a solution for ex- ex-ecution of the contractual agreement. In the event that the du- du-ration of force majeure experienced by voestalpine Regosteel exceeds a period of 3 months and no mutual agreement is achieved, the contractual partner shall have the right to withdraw from the agreementwith respectto goodsthat agreement with respect to goods that have not entered production. Suchwithdrawalshallnotconstitute anyclaimsagainstvoestalpineSuch withdrawal shall not constitute any claims against Regosteel.

Appears in 1 contract

Samples: General Terms of Sale

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Delivery Modalities. 3.1 Limiting Supply Conditions, Force Majeure and Other Hindrances to Supply Independent of other contractual agreements, all delivery dates and deadlines are expressly subject to the absence of unfore- seen interruptions to production, sufficient supply of raw mate- rials and other third-party services required by voestalpine for timely delivery. Non-compliance with delivery dates and dead- lines in this respect shall not constitute infringement by voestal- pine on contractual obligations or other responsibilities. voestal- pine shall be released either fully or partially from its obligation to meet deadlines in fulfillment of the contract if voestalpine is hindered by an event of force majeure. Such an event shall en- title voestalpine to postpone fulfillment of the contract for the amount of the delay caused by the event or to withdraw fully or partially from its contractual obligation to deliver supplies and/ or perform services. Events of force majeure such as war, riots, explosions, fire, strikes, lock-outs and other unforeseen condi- tions that essentially complicate the performance of supply and delivery or make it impossible (including serious machine breakdowns, bottlenecks in the supply of primary materials or hindrances in transport) shall apply no matter whether they oc- cur at the supplier or at one of the designated subsuppliers. In the event that the duration of force majeure experienced by voestalpine exceeds a period of 2 weeks, voestalpine and the customer shall mutually endeavor to negotiate a solution for ex- ecution of the contractual agreement. In the event that the du- ration of force majeure experienced by voestalpine exceeds a period of 3 months and no mutual agreement is achieved, the contractual partner shall have the right to withdraw from the agreementwith respectto goodsthat have not entered productiongoodsthathavenot enteredproduction. Suchwithdrawalshallnotconstitute anyclaimsagainstvoestalpine.

Appears in 1 contract

Samples: General Terms of Sale

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