Delivery time Musterklauseln

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 su- plies 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 ser- vices; b) if hindrances occur which the supplier cannot pre- vent 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, acci- dents, labour conflicts, late or deficient delivery by subcontractors of raw materials, semifinished or fi- nished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unfore- seeable 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 performan- ce 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 dama- ges for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the sup- plier and that the customer has suffered a loss as a re- sult 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 custo...

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. 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 postponed appropriately if the customer does not provide the documents, approvals to be procured by it in good time, appro- vals are not given in time, not all questions relevant to the delivery are fully resolved in time or the ag- reed 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 collec- tion or dispatch. Compliance with the delivery time is subject to proper, in particular timely, delivery to Model itself, unless Model is responsible for the reason for the improper delivery. 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 with- draw 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 reasonable period of grace that it set for Model af- ter the delay in delivery has expired without result.

Delivery time. The delivery time starts after clarification of the order. An appropriate extension of the delivery time occurs if the buyer does not keep to his commitments or if, as a result of unforeseen, undeserved or exceptional occurrences in the supplier's works or at his sub-suppliers the delivery is delayed, e g by Force Majeure, mobilization, interruption in the normal flow of traffic, lock-outs at the supplier's factory or at sub- suppliers, the occurrence of waste, delayed or faulty delivery of raw material, or delays in any requisite official permits. In case of delayed part deliveries the buyer has no right to claim for the balancing part. Claims for compensation of any kind are excluded in case of delayed delivery. Information concerning delivery dates are given without obligation. They do not entitle the buyer to put us in default.

Delivery time. 4.1 A delivery time agreed upon shall begin as soon as the contract has been concluded, all required legal formalities, if any, have been complied with and all technical details required for its settlement and handling as well as down-payments and payment securities are available. The delivery deadline is complied with, when you have been informed by us of the readiness for shipment within this period. 4.2 The delivery time shall be extended to an appropriate extent in the event of measures within the scope of industrial disputes, in particular strikes and lockouts as well as in case of unforeseen obstacles beyond our control and their effects which cannot be avoided in due time by reasonable precautionary measures. This shall also be applicable, if such circumstances occur in the works of sub-suppliers. 4.3 We shall in no case be liable for the aforesaid 4.4 Müssen die Liefergegenstände in unserem Werk in Betrieb genommen werden, und stellen Sie uns das erforderliche Material für die Inbetriebnahme nach rechtzeitigem vorherigem Abruf nicht termingerecht und unentgeltlich zur Verfügung, verlängert sich die Lieferfrist entsprechend. Ferner behalten wir uns vor, Ihnen gegebenenfalls höhere Aufwendungen für die Inbetriebnahme vor Ort in Rechnung zu stellen. 4.5 Die Einhaltung der Lieferfrist setzt die Erfüllung der Ihnen obliegenden Vertragspflichten, insbesondere die Einhaltung der Zahlungsbedingungen, voraus. Bei Nichteinhaltung dieser Vertragspflichten verlängert sich die Lieferfrist entsprechend. Sollten nach Vertragsabschluss auf Ihren Wunsch hin Änderungen des Liefergegenstandes vereinbart werden, so verlängert sich die Lieferfrist angemessen. 4.6 Im Falle eines Lieferverzugs steht Ihnen ein Rücktrittsrecht nur zu, wenn der Lieferverzug allein von uns zu vertreten ist, drei Monate übersteigt und wenn Sie uns schriftlich eine angemessene Nachfrist setzen, verbunden mit der ausdrücklichen Erklärung, dass Sie die Annahme der Leistung nach Ablauf dieser Frist ablehnen und wir die Leistung nicht innerhalb der gesetzten Nachfrist bewirken.

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 ▇▇▇▇▇.

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.

Delivery time. 9.1. Specific performance deadlines and dates shall only apply if they have been expressly agreed with the customer in writing in individual cases. 9.2. The delivery time is determined by the agreements between the contracting parties. Our compliance with the delivery time is subject to the condition that all commercial and technical questions between the contracting parties have been clarified and the customer has fulfilled all obligations incumbent on him, such as the provision of the neces- sary official certificates or permits or the payment of a deposit. If this is not the case, the delivery time shall be extended accordingly. This shall not apply if we are responsible for the delay in clarification. 9.3. Compliance with the delivery deadline is subject to the proviso that we ourselves are supplied correctly and on time. We will inform you as soon as possible of any delays that become apparent. 9.4. The delivery period shall be deemed to have been met if the de- livery item has left our factory by the time the delivery period expires or readiness for dispatch has been notified. This shall also apply if acceptance is to take place. 9.5. Force majeure, strikes, a pandemic, incapacity on our part or on the part of one of our suppliers through no fault of our own as well as unfavorable weather conditions which delay our performance shall ex- tend the delivery or performance period by the duration of the hin- drance. 9.6. In the event of a fixed-date transaction, however, we shall be lia- ble in accordance with the statutory provisions. 9.7. If we are in default of performance, the customer may only with- draw from the contract if he has set us a reasonable grace period and declared that he will refuse performance after expiry of the grace pe- riod. 9.8. If the customer is in default of acceptance or violates other obli- gations to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration shall also pass to the customer.