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 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. 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) Any delivery time indicated is based on the assumption that all technical details have been clarified. Unless specified otherwise any delivery time indicated by us is not binding.
(2) Should there be a delay in delivery due to reasons we have to account for, any claims for damages, which may be directly due to the delayed delivery, will be limited to the value of the damages that could be expected.
(3) If the customer - once we are already behind schedule - fixes a reasonable extension, he has the right to withdraw from the contract once the extension period has passed without result. If a reasonable extension passes without effect, the customer shall within two weeks after the end of this extension period state whether he wants to cancel the contract or whether he insists on delivery.
(4) As far as we are further liable for damages instead of delivery, claims in case of ordinary negligence will be limited only to foreseeable damages.
(5) We do not accept responsibility in case of ordinary negligence for consequential damages, in particular for lost profits or other loss of production costs of the customer.
(6) In case the customer is in arrears in accepting delivery or has not met his obligations to cooperate, we are entitled to claim the damages resulting, including possible extra expenditure. In this case the responsibility for the risks of an accidental loss or accidental deterioration of the goods in question is passed on to the customer at the point in time when he gets in arrears.
Delivery time. (1) The agreed delivery dates are binding. Timeliness of performance die Rechtzeitigkeit der Leistung ist die bergabe der Kaufsache shall be determined by the handover of the bject of purchase at am vereinbarten Erfüllungsort. Der AN ist zu vorzeitiger Lieferung nur nach schriftlicher Zustimmung des AG berechtigt. Etwaige Lieferverzögerungen hat der AN dem AG unverzüglich schriftlich unter Angabe des voraussichtlichen Liefertermins mitzuteilen. Die Rechte des AG wegen Verzuges bleiben unberührt.
(2) Gerät der AG in Annahmeverzug, ist der AN nicht zur Hinterle- gung der Kaufsache berechtigt.
(3) Der AG ist bei Annahmeverzug nicht zum Ersatz der Mehrauf- wendungen für das erfolglose Angebot des geschuldeten Gegen- standes sowie für dessen Aufbewahrung und Erhaltung verpflich- tet, es sei denn, er hat den Annahmever ug vorsätzlich oder grob fahrlässig herbeigeführt.
(4) Gerät der AN mit der Erfüllung seiner Verpflichtung in Verzug, ist mit Ablauf jeden Werktages des Verzugs eine Vertragsstrafe in Höhe von 0,2% des Netto-Vertragspreises, höchstens aber 5 % des Netto-Vertragspreises verwirkt, die auf einen etwaigen Scha- denersatz angerechnet wird. Die weiteren Rechte des AG wegen Verzugs bleiben unberührt.
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. (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. 1. The delivery period calculated after order confirmation until the date of clarification of all details of the order, ie after receipt of all documents. It is not binding, but such that it can be withheld from a regular flow of production.
2. malfunctions on their own farms or subcontractors, acts of God, war, riots, lockouts, strikes, fire, confiscation, the scrapping of an important work piece, limitation of energy supply and the late receipt of essential raw materials exempt the supplier from the meeting of deadlines. Should the delivery be delayed by these circumstances or be impossible and meet the supplier is not at fault, as claims for damages by the purchaser are imposed in the case of objective impossibility both parties have the right to rescind the contract.
1. The supplier ships always at the expense and risk of the purchaser, even if carriage-paid delivery. The risk passes to the buyer as soon as the shipment has left the warehouse. From the same date, the buyer for damages that may arise to third parties liable. If the goods are ready for shipment and the shipment is delayed or acceptance for reasons for which the Supplier is not responsible, then the risk is transferred upon receipt of notification of readiness for shipment to the customer. The supplier is entitled to store these goods elsewhere at the expense of the purchaser and for its account and risk, if the purchase obligation is delayed by more than 4 weeks.
2. Dispatch, dispatch and shipping agents are left to the supplier to the exclusion of liability and without guarantee for cheapest transport.
3. Return Costs: Buyer bears the direct cost of returning the goods Return Policy: See below: Right of withdrawal for consumers, taking into account §1 general, item 4 (Consumer is any natural person who enters into a legal transaction for purposes that predominantly neither your commercial nor their independent professional activity can be attributed). You have the right under §1 general, point 4. within 1 month without giving reasons to revoke this contract. The cancellation period is 1 month from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us FUCHSIUS multi-media GmbH Xxxxxx Xxxxxxxx Xxxxxxxxxxxxx 0 00000 Xxxxxxxx / Xxxxxxx Phone: 089 - 00 00 00 00 E-Mail: xxxx@xxxxxx.xx with a clear statement of your decision (for example, by a letter sent by mail or by e-mail) to ...
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.