Common use of WITHDRAWAL FROM CONTRACT Clause in Contracts

WITHDRAWAL FROM CONTRACT. a. In case of delayed deliveries, the Purchaser shall be entitled to withdraw from the contract − after setting a new appropriate deadline in writing; and − starlim-xxxxxxx not delivering the Goods within this deadline; and − the delay is caused by starlim-xxxxxxx’x willful act or gross negligence. The withdrawal shall be declared by registered letter. b. Notwithstanding its other rights, starlim-xxxxxxx shall be entitled to withdraw from the contract, if − The delivery of the Goods is delayed or impossible for reasons beyond starlim-xxxxxxx’x control; − starlim-xxxxxxx becomes aware of circumstances which may impair the Purchaser’s creditworthiness and he – on starlim-xxxxxxx’x request – did not effect advance payment or provide a suitable security. In these cases, starlim-xxxxxxx shall be entitled to claim all damages and loss of profit caused by this withdrawal. In these cases, starlim-xxxxxxx shall also be entitled to withdraw from an open part of the delivery. c. If an application for opening of insolvency proceedings are filed over the Purchaser’s assets, starlim-xxxxxxx shall be entitled to request fulfillment of the contract against provision of suitable security or rescind the contract with immediate effect.

Appears in 2 contracts

Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale

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WITHDRAWAL FROM CONTRACT. a. In case of delayed deliveries, the Purchaser shall be entitled to withdraw from the contract − contract.  after setting a new appropriate deadline in writing; and starlim-xxxxxxx not delivering the Goods within this deadline; and − the and.  The delay is caused by starlim-xxxxxxx’x willful act or gross negligence. The withdrawal shall be declared by registered letter. b. Notwithstanding its other rights, starlim-xxxxxxx shall be entitled to withdraw from the contract, if The delivery of the Goods is delayed or impossible for reasons beyond starlim-xxxxxxx’x control; starlim-xxxxxxx becomes aware of circumstances which may impair the Purchaser’s creditworthiness and he – on starlim-xxxxxxx’x request – did not effect advance payment or provide a suitable security. In these cases, starlim-xxxxxxx shall be entitled to claim all damages and loss of profit caused by this withdrawal. In these cases, starlim-xxxxxxx shall also be entitled to withdraw from an open part of the delivery. c. If an application for opening of insolvency proceedings are filed over the Purchaser’s assets, starlim-xxxxxxx shall be entitled to request fulfillment of the contract against provision of suitable security or rescind the contract with immediate effect.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

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WITHDRAWAL FROM CONTRACT. a. In case of delayed deliveries, the Purchaser shall be entitled to withdraw from the contract - after setting a new appropriate deadline in writing; and − starlim-xxxxxxx - starlim//xxxxxxx not delivering the Goods within this deadline; and − the - The delay is caused by starlim-xxxxxxx’x starlim//xxxxxxx’x willful act or gross negligence. The withdrawal shall be declared by registered letter. b. Notwithstanding its other rights, starlim-xxxxxxx starlim//xxxxxxx shall be entitled enti- tled to withdraw from the contract, if - The delivery of the Goods is delayed or impossible for reasons beyond starlim-xxxxxxx’x starlim//xxxxxxx’x control; − starlim-xxxxxxx - starlim//xxxxxxx becomes aware of circumstances which may impair the Purchaser’s creditworthiness and he – on starlim-xxxxxxx’x star- lim//xxxxxxx’x request – did not effect advance payment or provide a suitable security. In these cases, starlim-xxxxxxx starlim//xxxxxxx shall be entitled to claim all damages and loss of profit caused by this withdrawal. In these cases, starlim-xxxxxxx starlim//xxxxxxx shall also be entitled to withdraw with- draw from an open part of the delivery. c. If an application for opening of insolvency proceedings are filed over the Purchaser’s assets, starlim-xxxxxxx starlim//xxxxxxx shall be entitled enti- tled to request fulfillment of the contract against provision of suitable security or rescind the contract with immediate effect.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

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