Impossibility, contract adjustment Sample Clauses

Impossibility, contract adjustment. To the extent that delivery is not possible, the customer is entitled to demand compensation unless ARADEX is not responsible for such impossibility. However, the claim for compen- sation of the customer shall be confined to 10% of the value of the part of the delivery that cannot be put into appropriate operation due to the impossibility. This restriction is not applicable as far as cases of intent, gross negligence, or injury to life, body, and health are concerned, which are legally subject to liability. The right of the customer to withdraw from the contract remains unaffected. If unforeseen events significantly change the financial importance or the content of the delivery or service or significantly affect the operation of ARADEX, the contract will be adapted as appropriate, provided this is done in good faith. Should this not be economically justifiable, ARADEX reserves the right to withdraw from the agreement. If ARADEX intends to exercise its right to withdrawal, ARADEX shall notify the customer thereof without undue delay after having realized the repercussions of the event; this also applies even where an extension of the delivery period has been previously agreed upon with the customer.