Delivery time Musterklauseln

Delivery time. 3.1 The Products shall be delivered at the time stated in HMS’s order confirmation. 3.2 In cases in which a product is manufactured in accordance with information provided by the customer, the lead time quoted by HMS or agreed between the parties shall only be deemed to have begun when all technical matters have been resolved, in particular when the manufacturing drawings and information as to the function, weight and dimensions of the product are complete and correct. 3.3 HMS' compliance with the obligation to deliver moreover presupposes the timely and proper fulfilment of further agreed obligations on the part of the customer. HMS hereby reserves its right to plead non-performance. 3.4 Our delivery obligation is subject to correct and timely delivery by our suppliers. 3.5 The agreed period in which delivery may be made or agreed delivery date shall be extended by a period appropriate to the circumstances if the customer requests alterations or additions after commencement of the former. The same shall apply if the customer has not fulfilled his contractual obligations in due time or in a proper manner, or if the delay in delivery has its origin in a circumstance which constitutes cause for exemption in accordance with § 8 of these conditions of sale. 3.6 Should HMS find that it cannot deliver within the agreed time, HMS shall as soon as possible give the Customer written notice thereof and shall state the reason for the delay and provide a new delivery date. 3.7 In accordance with the statutory provisions, HMS shall be liable for any delay in delivery if a commercial fixed-date transaction has been agreed or if the delay in delivery has its origin in an intentional or grossly negligent breach of contract for which HMS, its agents or employees are to blame. If the delay in delivery does not have its origin in an intentional breach of contract for which HMS is to blame, HMS' liability for damages shall be restricted to foreseeable typical loss or damage. HMS shall moreover be liable in accordance with the statutory provisions if the delay in delivery for which HMS is to blame has its origin in the culpable breach of a material contractual obligation; in such a case the obligation to pay damages shall be restricted to foreseeable typical loss or damage.

Delivery time. 8.1 The delivery time shall start as soon as the contract is entered into, all official formalities such as, but not limited to, import, export, transit and payment permits have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time the supplier has sent a notice to the customer informing him that the suplies are ready for dispatch. 8.2 Compliance with the delivery time is conditional upon the customer’s fulfilment of his contractual obligations. 8.3 The delivery time shall be reasonably extended: a) if the information required by the supplier for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or services; b) if hindrances occur which the supplier cannot prevent despite exercising the required care, regardless of whether they affect the supplier, the customer or a third party. Such hindrances include, but shall not be limited to, epidemics, mobilisation, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, accidents, labour conflicts, late or deficient delivery by subcontractors of raw materials, semifinished or finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performance of his contractual obligations, in particular if the customer fails to observe the terms of payment. 8.4 The customer shall be entitled to claim liquidated damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the supplier and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed 0.5 per cent for every full week’s delay and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages at all shall be due for the first two weeks of delay. After reaching the maximum liquidated damages for delayed delivery, the customer shall grant the ...

Delivery time. The delivery time shall begin on the date the Contractor receives the purchase order. The delivery time shall include the trial run. The Contractor shall be deemed overdue after the delivery time has expired, without a reminder being required. If delays are to be expected, the Contractor shall indicate this immediately in writing, specifying the reasons for and likely duration of the delay. Irrespective of this, any delay shall result in a price reduction of 0.2% per day.

Delivery time. 1. The agreement of delivery times (delivery times and dates) must be in writing. Delivery times and dates are non-binding, unless Model has previously designated them in writing as binding. 2. The delivery period begins with the conclusion of the contract, however not before the complete provision of the documents, permits and releases to be procured by the customer, the clarification of all questions relevant to the delivery and the receipt of an agreed advance payment or, in the case of a foreign transaction, after receipt of the full payment. In the case of a delivery date, the delivery date shall be post- poned appropriately if the customer does not provide the documents, approvals to be procured by it in good time, approvals are not given in time, not all questions relevant to the delivery are fully resolved in time or the agreed advance payment or in the case of a foreign transaction, the entire payment is not received in full by Model. Compliance with the delivery time presupposes the timely and proper fulfilment of the other obligations of the customer. 3. The delivery time is met if the products have left the factory or warehouse before the expiry or if Model has notified that they are ready for collection or dispatch. Compliance with the delivery time is subject to proper, in particular timely, delivery to Model itself, unless Mo- del is responsible for the reason for the improper deli- very. Model is entitled to withdraw from the contract in the event of improper delivery. Model shall inform the customer immediately if Model exercises its right to withdraw and shall return any advance payments made by the customer. 4. In the event of a delay in delivery, the customer is entitled to withdraw from the contract after a reasona- ble period of grace that it set for Model after the delay in delivery has expired without result.

Delivery time. (1) The contractually agreed delivery or per- formance time is binding. The receipt of the entire contractually agreed products at the place of delivery and the delivery of the full contractually agreed service provision shall be decisive in determining compliance with the agreed delivery or performance time. (2) If the Contractual Partner recognises that an agreed delivery or performance time is unlikely to be met, he must immediately inform us of this in writing stating the rea- sons and the foreseeable duration of the delay. (3) The unconditional acceptance of a delayed delivery or service does not imply waiver of the compensation claims to which we are entitled due to the delayed delivery or ser- vice. (4) The Contractual Partner is entitled to make partial deliveries or premature delivery only with our prior written consent. (5) In case of delay in delivery we are entitled, for each full week of delay, to a contractual eine Vertragsstrafe in Höhe von 1% des Auftragswertes, maximal jedoch nicht mehr als 5% des Auftragswertes zu verlangen; die Geltendmachung eines weitergehenden Schadens bleibt vorbehalten.

Delivery time. 5.1 The delivery time stated by CABKA in the Order is binding. Early deliveries are only possible with the written consent of CABKA. 5.2 The supplier is obligated to inform CABKA immediately by fax, e- mail and/or letter, stating the reasons and the expected duration of the delay, if he will probably not be able to meet the indicated delivery time. At the same time CABKA is to be suggested suitable countermeasures to avert the consequences. 5.3 If the supplier does not perform his service or does not perform it within the agreed delivery time or if he is in delay, the rights of CABKA are determined according to the legal regulations. According to these regulations CABKA is in particular entitled to withdraw from the order after fruitless expiration of a reasonable period of grace set by CABKA and to demand compensation for damages instead of the performance. 5.4 If CABKA and the supplier have agreed upon a fixed delivery date by individual contract and the supplier does not perform his service or does not perform it within the agreed delivery time or is in default, CABKA can declare withdrawal without setting a grace period and demand compensation for damages instead of the service. 5.5 If the supplier is in delay, CABKA can - in addition to further legal claims - demand a lump-sum compensation for its damage caused by delay in the amount of 0.3% of the net price per completed working day, but in total not more than 5% of the net price of the delayed delivered goods. CABKA reserves the right to prove that higher damages have been incurred. The supplier reserves the right to prove that CABKA did not suffer any damage or only a considerably lower damage. 5.6 The contractual penalties according to clause 5.5 apply without prejudice to other rights of XXXXX.

Delivery time. 1. The start of the delivery time requires that all technical matters have been settled. Verkaufs- und Lieferbedingungen der Fluolite Licht & Leuchten GmbH & Co. KG – Stand 2021/01 – EN – Seite 1 von 2 2. The fulfillment of our delivery obligation does also require that the customer has fulfilled all his obligations in time. We reserve the right to assert non­fulfillment of the contract. 3. If the customer is in default of acceptance or is otherwise in breach of his obligation to contribute, we are entitled to claim damages for any loss that might thus have been incurred. 4. In case of IV.3, the risk of accidental loss or accidental deterioration of goods is transferred to the customer at such time as he is in default of acceptance or payment. 5. We are liable in accordance with legal regulations if the underlying contract of sale is a firm deal according to § 286 para. 2 No 4 BGB (Civil Code) or § 376 HGB (Commercial Code). We are also liable in accordance with legal regulations if due to a default in delivery that we are responsible for the customer is entitled to assert that his interest in any fulfillment of the contract has been discontinued. 6. We are also liable in accordance with legal regulations if the default in delivery has been caused by a breach of contract that we are willfully or grossly negligently responsible for. If the default in delivery does not arise from a breach of contract that we are willfully responsible for, our liability is limited to a typical damage of the sort in question. 7. We are also liable in accordance with legal regulations if the default in delivery we are responsible for arises from our culpable breach of an integral provision of the contract, in which case our liability shall, however, be limited to a typical damage of the sort in question. 8. Otherwise, we are liable for default of delivery for any full week of such default to the amount of a flat rate of 0,5 percent of the delivery with a maximum total of 5 percent. Any further default in delivery liability is hereby excluded. 9. This is without prejudice to the customer´s assertion of other legal rights.

Delivery time. 4.1. Agreed delivery dates are to be understood as binding arrival times at the respective CC plant. Partial deliveries or premature deliveries shall only be permissible with our written consent. 4.2. The Supplier shall be obliged to notify us in writing without delay if circumstances indicating that the agreed delivery time cannot be met occur or become apparent to the Supplier. The anticipated duration of the delay shall be specified. In the event of default in delivery, we shall be entitled to statutory claims. In particular, we shall - after a reasonable additional period has been set but expired - be entitled, at our option, to cancel the contract and/or claim compensatory damages in lieu of performance or obtain a substitute from a third party. 4.3. We shall be wholly or partly released from the obligation to accept the delivery and shall be entitled to cancel the contract in this respect if the delivery is no longer of any use to us - in due consideration of commercial aspects - due to a delay caused by force majeure or an industrial dispute. In this case we may also demand that the contract be partly cancelled or be carried out at a later date. The Supplier shall not accrue any claims from this. 4.4. For all trade terms the Incoterms, as amended, shall apply on condition that the risk of loss lies with the Supplier in any event.

Delivery time. (1) The agreed delivery dates are binding. Timeliness of performance shall be determined by the handover of the object of purchase at the agreed place of performance (Erfüllungsort). The AN shall be entitled to early (part) delivery only upon written consent of the AG. The AN shall immediately notify the AG in writing of any delivery delays, providing the expected date of delivery. The rights of the AG concerning delay shall remain unaffected. (2) In the event that the AG is in default of acceptance, the AN shall not be entitled to deposit the object of purchase. (3) Should the AG be in default of acceptance, the AG shall not be liable for any additional expenditure incurred as a result of the unsuccessful delivery of the requested object, nor for its storage or maintenance, unless the AG has caused such default intentionally or as a result of gross negligence. (4) In the event that the AN is in delay with performance of its obligations, the AN shall be liable to pay a contractual penalty amounting to 0.2% of the net contract price for each working day (Werktag) of delay that has elapsed, capped at 5% of the net contract price, provided that such penalty shall be taken into account by way of deduction when calculating any damages. All other rights of the AG concerning delay shall remain unaffected.

Delivery time. The agreed delivery time begins, if nothing else is agreed, on the date of the order confirmation, yet not before all commercial and technical questions have been clarified, an agreed down-payment has been received and the documents, approvals etc. to be procured by the orderer have been produced, and the required approvals have taken place. The delivery period shall be considered as fulfilled if, prior to its expiry, the subject of delivery has left the plant or the notification of dispatch readiness has been sent. Operational disruptions and labour disputes as well as unforeseeable events on which the supplier has no influence shall extend the delivery period by an appropriate period of time.