Common use of Periods and dates Clause in Contracts

Periods and dates. 4.1. Periods and dates, in particular start dates and completion dates, are only binding if the binding nature of such dates is explicitly agreed upon in writing. If a completion date that was originally specified as binding is postponed owing to changes to or extensions of the contractual goods/services, we shall inform the customer of this by stating the reasons therefor and issue a new completion date. 4.2. A binding completion date is deemed to have been met if the installation is operational after such date. The installation is considered operational if it can be used for the purpose intended and no material defects prevent its use. This applies even if parts not essential to its functionality are only manufactured at a later date or if any advance services or the services of third parties or of the customer are not provided on time, free of errors and completely. If through no fault of our own it is not possible to carry out an agreed test run immediately after completion of the installation, the additional costs arising in connection therewith will be charged separately. 4.3. Periods and dates are extended/postponed appropriately if changes are necessary or delays arise for reasons for which we can prove we are not responsible or a test run is not possible or only possible at a later date, in particular if adherence thereto is not possible or is unreasonable due to travel warnings and/or official orders (e.g. as a result of diseases, epidemics, pandemics, or armed conflicts), for reasons relating to construction or owing to official requirements or at the request of the customer. The customer shall bear any additional costs incurred as a result. 4.4. If an installation cannot be completed within the foreseeable future for reasons for which we can prove we are not responsible, in particular for technical, procedural, mechanical or electrical reasons, we are entitled to demand full reimbursement of the expenses incurred to date under the contract with the customer. Furthermore, we are in such cases entitled to declare withdrawal from the contract if the problems encountered are not resolved within a reasonable period of time.