Delivery period. 1. The delivery dates stipulated in the order are binding.
2. The Supplier is obligated to inform the Customer without undue delay should circumstances occur or become apparent which result in the stipulated delivery date or performance date being unable to be complied with.
3. In the event of default in delivery, the Customer shall be entitled to the statutory remedies. The Customer shall in particular have the right, after fruitless expiry of an adequate period of grace, to request damages in lieu of performance, and to rescind the contract. If the Customer claims damages, the Supplier shall have the right to prove to the Customer that the Supplier is not responsible for the breach.
Delivery period. 1. Delivery dates or delivery periods shall be in writing. They can be agr eed with a binding or a non-binding effect.
2. The delivery period shall commence with the order confirmation, albeit not before provision of the documents, approvals and releases to be procured and before receipt of an agreed down- payment.
3. The delivery period shall be complied with if the object of delivery has left our factory or notification of readiness for dispatch has been notified to Customer before ist expiry.
4. We shall not be responsible for delays in delivery or performance on the basis of force majeure and incidents making delivery more difficult or impossible for us for which we shall not be answerable, in particular including strikes, lock-outs, official orders etc., even if they occur with our downstream suppliers, even in the event of deadlines or periods agreed as being binding. Such incidents shall entitle us to postpone the delivery or service for the duration of the prevention plus a suitable run-up time. We can partly or totally withdraw from the contract on account of deliveries or services or parts of deliveries or services not yet performed insofar as the incidents stated in sentence 1 of the present sub-section have lasted for more than 3 months.
5. If the prevention pursuant to sentence 1 of the aforementioned sub-section V.4 lasts for longer than three months, Customer shall be entitled to withdraw from the contract with regard to the part not yet performed following the setting of a suitable subsequent period. If the delivery period is extended or if we are released from our obligation to perform, Customer shall not be able to derive any claims to damages therefrom. We can only make reference to the aforementioned circumstances if we notify Customer forthwith.
Delivery period. 6.1 The delivery periods stated by us are non-binding. When there is agreement on the delivery period, this shall commence with the latest of the dates below:
a) Date of order confirmation;
b) Date of fulfilment of all the technical, commercial and financial requirements incumbent upon the CS by agreement;
c) Date on which the CN receives the down-payment payable before delivery of the goods and/or any bank guarantee to be provided has been opened.
6.2 The CN is entitled to undertake partial and predeliveries.
6.3 If the delivery is delayed due to a circumstance that has occurred on the CN’s side, which represents a reason to exonerate the buyer as defined within Art. 14, an appropriate extension of the delivery period shall be granted.
6.4 If the CN is responsible for causing a delay in delivery, the CS can either request fulfilment or declare its withdrawal from the contract, setting an appropriate grace period (at least 90 days).
6.5 Wurde die in Art. 6.4 vorgesehene Nachfrist durch Verschulden des AN nicht genützt, so kann der AG durch eine schriftliche Mitteilung vom Vertrag hinsichtlich aller noch nicht gelieferten Waren zurücktreten.
6.6 Nimmt der AG die vertragsgemäß bereitgestellte Ware nicht am vertraglich vereinbarten Ort oder zum vertraglich vereinbarten Zeitpunkt an und ist die Verzögerung nicht durch eine Handlung oder Unterlassung des AN verschuldet, so kann der AN entweder Erfüllung verlangen oder unter Setzung einer Nachfrist vom Vertrag zurücktreten. Wenn die Ware ausgesondert worden ist, kann der AN die Einlagerung der Ware auf Kosten und Gefahr des AG vornehmen. Der AN hat außerdem einen Anspruch auf Rückerstattung aller gerechtfertigten Aufwendungen, die er für die Durchführung des Vertrages machen musste und die nicht in den empfangenen Zahlungen enthalten sind.
6.7 Andere als die in Art. 6 genannten Ansprüche des AG gegen den AN auf Grund dessen Verzuges sind ausgeschlossen.
Delivery period. The delivery period is based on the date specified in the contract or in the order confirmation. In the event of unforeseen obstacles, the delivery periods can be extended without further ado, such as force majeure, official orders, confiscation, embargo, war, mobilisation, strike, lockout, riot or other circumstances, such as lack of suitable means of transport, industrial accidents, significant operational disruptions, fire, epidemics and delayed or defective deliveries. However, the purchaser has the right to withdraw from the contract after having set a written deadline for subsequent performance which is at least equal to the original delivery deadline and which we have not met. Further claims arising from delays in delivery are excluded.
Delivery period. 3.1 The delivery period contained in the order is binding. Receipt of the merchandise at our location is decisive for adherence to the delivery period.
3.2 Partial deliveries are admissible only with our express prior authorization. The supplier is required to inform us in writing without delay if circumstances occur or become recognizable to the supplier that show that the agreed delivery period cannot be adhered to.
Delivery period. 4.1 The agreed delivery periods are to be strictly complied with.
4.2 Otherwise, DENSO shall be entitled to rescind the contract after a reasonable period of time. Further claims, in particular claims for damages, shall remain unaffected.
Delivery period. (1) The time periods and dates communicated by us for delivery and services are deemed to be approximate unless a fixed time period or a fixed date has been promised or agreed upon. If shipping has been agreed, the delivery periods and dates shall refer to the time of transfer to the forwarder, carrier or other third party commissioned with transportation.
(2) The delivery period shall commence upon sending of the order confirmation, but not before the provision of the documents, approvals, releases to be submitted by the customer, and the receipt of an agreed advance payment. If these prerequisites are not fulfilled in time, the delivery period shall be prolonged by the duration of the delay.
(3) The delivery period shall be deemed to have been complied with if the operational consignment has been shipped or collected within the agreed time period. Force majeure, strikes, lockout, acts of government as well the occurrence of unforeseen obstacles such as a pandemic , which are outside the supplier's influence, shall reasonably extend the delivery period. Any further claims (e.g. claims for compensation of damages) may not be asserted.
(4) In the case of technical modifications which are required by the customer after the order confirmation, the delivery periods shall be extended accordingly.
(5) If the delivery is delayed for reasons for which the customer is held responsible, we shall be entitled to charge the cost incurred by storage to the customer and dispose of the delivery goods otherwise after expiration of a time-limit communicated to the customer and to supply the customer within a prolonged time-limit. Partial deliveries are possible.
Delivery period. The delivery periods and dates indicated by us in quotations, order confirmations, contracts and other notices are basically non binding and subject to change. If we have committed in writing to observe any specific delivery periods and dates on the basis of a special agreement, the following shall apply: - slightly delayed deliveries - i.e. all delays by not more than 7 days - shall always be considered irrelevant and do not entitle the buyer either to avoid the contract or to claim any other consequences of default (damages etc.); - claims for damages due to delayed delivery based on slight negligence shall absolutely be excluded; - claims for damages for delayed delivery based on gross negligence on our part shall be limited to 15% of the contract value; - delayed deliveries caused by force majeure (e.g. acts of God, strikes, sabotage acts, traffic tie-ups, war, civil war, unrest, revolutions) shall not justify any claims on the buyer's part against us.
Delivery period. 1. The commencement of the delivery time specified by us presupposes the timely and proper fulfilment of the obligations of the customer. We reserve the right to raise the objection of non-performance of the contract.
2. Delivery time starts from the complete technical clarification and sending of the order confirmation.
3. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the purchaser at the time when the purchaser is in default of acceptance or debtor.
4. Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
Delivery period. The delivery period commences with the dispatch of the order confirmation, but not before the customer has fulfilled possible contractual obligations such as the submission of documents, authorizations, releases, and receipt of an agreed down-payment. The delivery period has been adhered to if the object of the delivery has left the factory or notice of its readiness for shipment has been provided by the time at which this period expires. The delivery period is extended appropriately, even if delay has already occurred, if unforeseen impediments which lie outside of our sphere of influence occur, such as industrial disputes, interruption of operations, delays in the delivery of auxiliary or raw materials.