Delivery. Whether or not a delivery is on time shall be determined by the time of receipt at the delivery point specified by us, for deliveries including setup/assembly as well as services the time of acceptance shall be relevant. The supplier has to inform us without delay about any foreseeable delay of a delivery or a service or about any deviation from the agreed quality respectively and has to obtain our decision. Our acceptance of a delayed delivery/service shall not constitute a waiver of any rights of the Mondi Group, in particular but not limited to damage claims. Partial delivery of the quantity of products ordered in a single purchase order shall not be permitted, unless we have expressly agreed to them.
Delivery a. The delivery dates and delivery periods specified in our purchase orders are binding. The timeliness of delivery is determined by the time of receipt at our notified reception point (or the time of acceptance for work performed). If goods are delivered earlier than agreed, we reserve the right to send back the goods at the Supplier’s expense. If we do not return goods delivered early, we take them into stock at the expense and risk of the Supplier until the delivery date.
b. If a delay in delivery or performance is recognizable or if circumstances occur that indicate that the stipulated delivery period or agreed delivery date cannot be adhered to, we must be notified thereof without delay and of the reasons for, and the probable duration of, the delay. This does not affect our right to withdraw from the contract or to claim damages as appropriate.
c. If the Supplier is in default, we may require payment of a contractual penalty of 0.5% of the order value for each week commenced, however, a maximum of 5% of the order value. We may require payment of the contractual penalty if we reserve the right to do so at the latest by the end of the month after acceptance of the last deliveries and services to be performed for the order. This contractual penalty will be taken into account against any claims for damages.
d. If we accept the delayed delivery or service without attaching any conditions, this does not constitute any waiver of the claims to compensation accruing to us by reason of the delayed delivery or service. This applies until we have made payment in full of the remuneration for the relevant delivery or services.
e. We accept part deliveries only by express agreement. In the event of agreed part-deliveries, the amount of the back order must be shown. In the event of excess deliveries that exceed the usual commercial volumes, we reserve the right to return the excess goods delivered at the expense of the Supplier.
f. The Supplier may only invoke the absence of necessary documents to be supplied by us if the Supplier has sent us a written reminder regarding the documents but failed to receive them within a reasonable period of time.
g. The Supplier must supply all evidence (e.g. certificates of origin) that we require to satisfy customs requirements and/or obtain other favourable terms. If the origin of the goods differs from the Supplier’s declaration in our possession, the change must be specifically mentioned on the delivery note and invoice and the...
Delivery. The agreed product or service shall not be entrusted to a subcontractor without our written consent. The agreed delivery date is binding. If the supplier realises after returning the order confirmation that for reasons of force majeure he is unable to comply with the said date, he shall notify us thereof immediately. In the event of a delay we reserve the right to make full use of the legal possibilities available to us. This shall also apply even if we expressly agree to a notified delay in delivery. Invoices for quantities and weights shall be based exclusively on the values recorded by ourselves. In the event of a delivery in excess of the order, we reserve the right to return the excess at the supplier’s expense.
Delivery. 1. Delivery times and dates are always non-binding and subject to the Seller having been correctly supplied on time, other than the Seller has to justify non- compliance.
2. If a stipulated delivery date is exceeded by more than 4 weeks, then the Buyer is entitled to assert its rights after having granted the Seller in writing a grace period of at least 7 calendar days.
3. Partial deliveries within a reasonable extent are permissible and have to be accepted.
4. Delivery and performance delays on account of force majeure, and events that significantly impede a delivery or make it impossible - this includes operational disruptions, strikes, lock-outs, natural occurrences, official directives, legal requirements, transport disruptions, also when they arise with the Seller´s suppliers - do not have to be justified by the Seller, even with binding delivery times and dates. Such circumstances entitle the Seller to postpone the delivery or performance by the duration of the hindrance, plus a commensurate start-up period.
5. The Seller must immediately notify the Buyer at the beginning and end of such a hindrance. At the request of the Seller the Buyer shall be obliged to declare, within a reasonable period, whether or not, on account of the delay, it wishes to withdraw from the contract and/or demand compensation or insist upon delivery.
6. At the request of the Buyer the Seller must immediately declare whether it wishes to withdraw from the contract or effect the delivery after expiry of the hindrance. If the Seller does not immediately give a corresponding declaration, then the Buyer can withdraw. Compensation claims are subject to VIII. of GTSD.
7. The Seller is only liable for delivery and performance delays if the Seller or its vicarious agents are at default, but not for the default of its subsidiary suppliers. Failure to observe the set grace period in conformity with Cipher 2 entitles the Buyer to withdraw from the contract or demand compensation. Compensation is limited to the recovery of the proven additional costs (replacement purchase). Further going compensation claims are herewith excluded other than they are not the result of serious default. The Seller is not liable for compensation on account of slight or normal negligence. In the event of gross negligence or intent, the Seller is only liable vis-à-vis merchants if the default is attributable to legal representatives, executive personnel of the Seller or other vicarious agents who have infringed ...
Delivery. 1) Vereinbarte Liefertermine und Lieferfristen sind einzuhalten, auch wenn sie nicht ausdrücklich als „fix“ bezeichnet sind. Lieferfristen und Xxxxxxxxxxxxx gelten erst mit rechtzeitiger Andienung als eingehalten.
1) Agreed delivery dates and delivery periods are to be adhered to, even if they are not expressly designated as "fixed". Delivery deadlines and dates are only deemed to have been met if they are offered in good time.
2) Vereinbarte Lieferfristen verlängern sich angemessen, wenn der Verkäufer aufgrund höherer Gewalt an der Erfüllung seiner Verpflichtungen gehindert ist. Verzögert sich die Lieferung in diesem Fall um mehr als vier Wochen, so ist die rekuplast GmbH berechtigt, vom Vertrag ganz oder teilweise zurückzutreten.
2) Agreed delivery times are extended appropriately if the seller is prevented from fulfilling his obligations due to force majeure. If the delivery is delayed by more than four weeks in this case, rekuplast GmbH is entitled to withdraw from the contract in whole or in part.
3) Kommt der Verkäufer mit der Lieferung der Ware in Verzug, ist die rekuplast GmbH nach eigener Xxxx berechtigt, Lieferung und Schadensersatz wegen verzögerter Lieferung (Verzugsentschädigung) oder – nach einer angemessenen Nachfristsetzung von höchstens drei Wochen, soweit diese nicht nach den gesetzlichen Bestimmungen entbehrlich ist Schadensersatz, wahlweise Aufwendungsersatz, statt der Leistung zu verlangen oder nach § 323 BGB vom Vertrag zurückzutreten. Im Falle des Verzuges des Verkäufers ist die rekuplast GmbH ohne Nachfristsetzung, unbeschadet weitergehender Schadensersatzansprüche, berechtigt,
Delivery. 1. Delivery times and dates shall be considered only approximate unless they have been expressly designated binding by us in writing.
2. Delivery times shall begin on the date of our order confirmation, however, not until all technical design and performance details have been clarified and shall be understood as of the shipment departure location.
3. Events of force majeure shall entitle us to defer the delivery by the duration of the obstruction and a reasonable restart period. All circumstances that make delivery significantly more difficult or impossible for us, e.g. currency and trade policy related measures or other measures taken by a supreme body, as well as strikes, lock-outs, operational interruptions (e.g. fire, machine or roller break-down, insufficient supply of commodities or energy) as well as transportation route obstructions, shall be considered equivalent to force majeure regardless of whether such circumstances occur due to acts we are not responsible for at our end, at the plant delivering the goods or at a (sub-) supplier's end.
4. In the event that our delivery should be late, the Buyer shall be required to set a reasonable remedial deadline and to communicate same to us in writing. Once this remedial deadline has expired without producing results, the Buyer shall have the option to rescind from the Agreement as far as the quantities and deliverables are concerned that have not been dispatched or reported as ready for shipment by the time the remedial period has expired. The Buyer shall have the right to rescind from the entire Agreement only if the partial deliveries already made are not of interest to the Buyer. If the Buyer should incur damages as a result of a delay we have not caused intentionally or through an act of gross neglect, we shall reimburse the verifiable damages foreseeable at the time the Agreement was made, which shall, however, not exceed 70% of the merchandise value of the delivery or service that occurred with a delay or not at all. This shall be without prejudice to the Buyer's right to rescind from the Agreement upon fruitless expiration of a remedial deadline set for us to meet.
5. We shall have the right to perform partial deliveries within reason. Deliveries of higher or lesser volumes than those ordered shall be permitted as long as they are within standard industry practices and the prices are adjusted accordingly.
Delivery. 1. Delivery dates shall be agreed individually upon conclusion of the contract at the latest. If this does not occur, the statutory provisions shall apply in this respect.
2. The Company shall only be entitled to make partial deliveries if this is appropriate having regard to the principles of good faith in accordance with Article 242 of the German Civil Code. This may particularly be the case if − partial deliveries are of use to the Customer according to the purpose of the contract, and − the delivery of the remainder of the ordered goods is still guaranteed. This shall not affect any rights/claims of the Customer arising from a breach of duty in this respect for which the Company is responsible.
3. If the goods are to be delivered, the risk of accidental loss and incidental deterioration of the goods shall pass to the Customer as soon as the person in charge of transport has taken delivery of the shipment.
4. Where the Company is in default of performance, the Customer may only withdraw from the Contract under the conditions of Article 323 of the German Civil Code if the delay is the responsibility of the Company. This shall not affect Clause IV.5. This provision does not alter the burden of proof.
5. Events that temporarily delay delivery for which the Company is not responsible – espe- cially operational disruptions, transport delays, strikes, lock-outs, official measures, non- delivery, incorrect delivery or late delivery by suppliers – as well as all cases of force majeure shall only entitle the Customer to withdraw from the Contract if the Customer cannot objectively be expected to continue to adhere to the Contract, otherwise the de- livery period will be extended by the duration of the delay caused by the disruption plus a reasonable start-up period. The delivery period will also be extended if the disruption is caused by circumstances within the Customer’s sphere of risk for which the Company is not responsible. Any liability of the Company is excluded in the aforementioned cases. The Company shall inform the Customer in a timely manner about the occurrence of events as described in sentence 1.
6. The Company shall be entitled to retain the printing and punch copy, manuscripts, raw material and other items made available by the Customer in under Article 369 of the Ger- man Commercial Code until full payment of all claims arising from the business transaction.
7. In the case of Orders in respect of which a previously determined total order quanti...
Delivery. 4.1 The delivery period starts on the latest of the following dates:
a) date of confirmation;
b) the date of fulfillment of all the buyers of the technical, commercial and other conditions;
c) the date on which the seller an additional payment before delivery of the goods or payment security gets.
4.2 If unforeseen or independent control of the parties circumstances, such as all cases of force majeure, that compliance with those of the hinder agreed delivery period, this shall be extended in any case for the duration of such circumstances; This includes armed conflicts, official intervention, prohibitions, transport and customs clearance, damages in transit, energy and raw material shortages, labor disputes and a failure essentially, heavy replace supplier. These aforementioned circumstances entitle also to extend the delivery time, if they at Suppliers enter.
Delivery. 4.1 The start of the delivery period specified by us shall require that all technical details have been clarified between the parties.
4.2 The place of performance for the delivery shall be our factory or one of our other points of sale specified in the order confirmation. Shipment shall be at the risk and for the account of the Buyer. The risk shall pass to the Buyer when the goods are handed over to the carrier or the collecting party, but at the latest when the goods leave the factory of the manufacturer or our warehouse. This shall also apply if we take responsibility for the shipment of the goods. The legal provisions regarding the transfer of risk remain unaffected in the event of default of acceptance.
4.3 Delivery dates are only approximate and non-binding.
4.4 Delivery is subject to the receipt of deliveries from our sub-suppliers on a timely and correct basis.
Delivery. 4.1 The start of the delivery period specified by us shall require that all technical details have been clarified between the parties.
4.2 The place of performance for the delivery shall be our factory or one of our other points of sale specified in the order confirmation. Shipment shall be at the risk and for the account of the Buyer. The risk shall pass to the Buyer when the goods are handed over to the carrier or the collecting party, but at the latest when the goods leave the factory of the manufacturer or our warehouse. This shall also apply if we take responsibility for the shipment of the goods. The legal provisions regarding the transfer of risk remain unaffected in the event of default of acceptance.
4.3 Delivery dates are only approximate and nonbinding.
4.4 Delivery is subject to the receipt of deliveries from our subsuppliers on a timely and correct basis.
4.5 Fulfilment of our delivery obligation is also conditional upon the timely and proper fulfilment of the Buyer‘s obligations. We reserve the right to assert the defence of nonper- formance of the contract.
4.6 The Buyer shall collect the goods immediately after being notified that they are ready for shipment. If the Buyer is culpably in default of acceptance or culpably breaches other obligations to cooperate, we shall be entitled to claim damages. Further statutory claims remain unaffected.
4.7 If we provide logistical services, the provisions of the German Freight Forwarders‘ Standard Terms and Conditions 2017 (Allgemeine Spediteurbedingungen 2017 - ADSp 2017) shall apply to these, unless different provisions are specified in these Terms and Conditions or agreed in the individual contract. We can provide a version of the ADSp 2017 at the request of the Buyer. We would like to point out that Section 23 of the ADSp 2017 limits the statutory liability for damage to goods according to Section 431 of the German Commercial Code (HGB, Handelsgesetzbuch) to 8.33 Special Drawing Rights (SDR) for every kg and/or EUR 1.25 million per damage case or EUR 2.5 million per damage case, or 2 SDR for every kg, whichever amount is higher, and generally to 2 SDR for every kg in the case of multimodal transportation including sea transport. If delivery with unloading is agreed between the contractual parties, the goods shall be set down at ground level next to the truck.
4.8 Force majeure events or other circumstances outside our control that prevent us from meeting our performance obligations shall release u...