Delivery Period and Place of Delivery. 1. The delivery period shall be specified in calendar days
2. Times set for deliveries shall only be binding if all documents to be provided by the Customer, necessary permits and approvals, especially concerning plans, are received in time, if the Customer has made a possibly agreed advance payment and if it has fulfilled all other obliga- tions of the Customer. If these conditions are not fulfilled in time, deadlines set shall be extended reasonably.
3. Unless agreed otherwise in writing, the Customer is not entitled to change the order after placement. If the parties agree on a change of the order, the delivery period will be extended reasonably.
4. Unless agreed otherwise, all deliveries are EXW relevant Sup- plier’s plant (Incoterms 2010). The delivery period is observed when the goods being the subject matter of the order have left the factory or when the readiness for dispatch has been announced.
5. The delivery period shall be extended accordingly if the non-ob- servance of the delivery period is due to: - force majeure such as war, terror attacks, rebellion, strike, lockout - virus attacks or other attacks on the Supplier's IT systems occurring despite appropriate protective measures - legal hindrances attributable to applicable national (espe- cially German, Swiss and US), EU or international rules of foreign trade law - non-timely or incorrect delivery to the Supplier - energy and/or raw material shortage - difficulties with providing transport - orders by authorities or similar unforeseen circumstances for which the Supplier is not responsible. This also applies if the circumstances occur at the Supplier’s suppliers or subcontractors. The same applies in the event of a non-timely self- delivery by suppliers of the Supplier if the Supplier has concluded a congruent hedging transaction and is not obligated to procure in indi- vidual cases. The Supplier is also not responsible for the aforemen- tioned circumstances if they occur during a delay that already exists. In such event, the Customer may neither withdraw from the contract, nor rescind the contract, nor claim damages or reimbursement of costs and expenses - regardless of their legal basis - incurred by the Cus- tomer. The Supplier will notify the Customer as soon as possible of the start and end of such obstacles.
6. If, under statutory requirements, the Customer is entitled to com- pensation due to a delay for which the Supplier is responsible, the Cus- tomer is entitled under the exclusio...
