Common use of Delivery time Clause in Contracts

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. 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. The lead time shall also be extended if the cause of the delay occurs after expiry of the period in which delivery was to have been made. 3.6 3.5 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 3.6 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. 3.1 The Products shall be delivered at the specified delivery time stated in HMS’s order confirmation. 3.2 In cases in which is not binding. If a product is manufactured in accordance with information provided by the customerbinding delivery time (delivery period) has been agreed, the lead time quoted by HMS or agreed between the parties we shall only be deemed in default if the customer has set a grace period of at least 8 weeks in writing. The customer shall only be entitled to have begun when all technical matters have been resolvedwithdraw from the contract in the event of a delay in delivery if we are unable to make a binding delivery promise within the period of grace. No claims for damages can be derived from delays in delivery. Force majeure of any kind, shortage of raw materials, unforeseen difficulties, including those caused by the nature of the manufacturing process, delays in delivery by sub-suppliers, operational restrictions, official measures or other unforeseen obstacles to manufacture or delivery, including strikes or lock-outs at our premises or those of our sub-suppliers, shall entitle us to exceed delivery times or to withdraw from the contract, in particular when whole or in part, without the manufacturing drawings and information as customer being entitled to subsequent delivery or compensation. We reserve the functionright to make partial deliveries without the customer being entitled to subsequent delivery or compensation, weight and dimensions save in the event of wilful wrongdoing or gross negligence. In the product are complete and correct. 3.3 HMS' compliance with the obligation to deliver moreover presupposes the timely and proper fulfilment event of further agreed obligations any delay in acceptance 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 , we shall be extended entitled to withdraw from the contract or to claim damages after granting a grace period of not more than 3o days. If the preconditions required for supply are not met 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 as required under contract, any delivery deadlines shall not start to run and all agreements concerning liquidated damages or other contractual penalties shall state lapse. In the reason for the delay and provide a new delivery date. 3.7 In accordance with the statutory provisions, HMS shall be liable for event of any delay in delivery if the execution of a commercial fixed-date transaction has been agreed product or if the delay in delivery has its origin in an intentional or grossly negligent breach of contract order for which HMSwe are not at fault, its agents we must be informed of it by the Customer in writing without undue delay. The delivery deadlines shall not apply in such an eventuality. It will only be possible to take account of structural modifications or employees are to blamesubsequent change requests from the Buyer made after the order confirmation was issued if we have not yet started production. This shall result under all circumstances in a surcharge and an extension of the delivery deadline. If the delay in delivery does order cannot have its origin in an intentional breach of contract for which HMS is be completed within the foreseeable future due to blametechnical or other reasons beyond our control, HMS' liability for damages we shall be restricted entitled to foreseeable typical loss or damage. HMS shall moreover be liable claim payment for all costs incurred until that time in accordance with the statutory provisions contract concluded with the Customer. In such an eventuality, we shall also be entitled to withdraw from the contract if the delay in delivery for which HMS is to blame has its origin in the culpable breach of problems that have arisen cannot be resolved within a material contractual obligation; in such a case the obligation to pay damages shall be restricted to foreseeable typical loss or damagereasonable period.

Delivery time. 3.1 The Products delivery, determined by us, shall only commence once all the necessary questions have been clarified and the Principal’s obligations complied with. Unless otherwise agreed or otherwise required by the contractual conditions, the delivery period specified by us is always non-binding. Should the Principal fail to meet their duties to cooperate, the delivery time shall be delivered extended accordingly. In the event of force majeure, operational disruption, strike action, lockout, lack of means of transportation, difficulties in acquiring raw materials, or any other disruption that TUBEX is not responsible for, 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 customersite of TUBEX or its suppliers, the lead time quoted by HMS or agreed between the parties TUBEX 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 relieved from the obligation to deliver moreover presupposes for the timely duration of the disruption or its effects. In the event of the disruption lasting for longer than one month, TUBEX and proper fulfilment the Principal shall be entitled after a reasonable grace period of further agreed obligations at least 4 weeks to withdraw from the part of the contract that has not yet been fulfilled. Under these circumstances, damages claims shall be excluded as a possibility. TUBEX shall be entitled to extend the delivery period for up to 8 working days by means of a simple written notification to the Principal without it being possible for consequences of any kind to arise from this. Should the Principal have given TUBEX a reasonable period of at least four weeks following its delay, the Principal is entitled to withdraw from the contract after this deadline expiring without remedying of the issue; damages in lieu of performance in the amount of the foreseeable damage shall only be due to Principal if the delay was caused intentionally, due to gross negligence or due to a negligent and significant breach of an obligation. In the case of slight negligence on the part of the customer. HMS hereby reserves its right to plead non-performance. 3.4 Our delivery obligation TUBEX, liability 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 always limited to the circumstances if the customer requests alterations or additions after commencement of the formerforeseeable losses. 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 If any delay in delivery if a commercial fixed-date transaction firm deal has been agreed or upon, the liability limitations, regulated in this paragraph, shall not apply; this is also the case if the Principal, due to a delay in delivery has its origin in an intentional or grossly negligent breach of contract for which HMSwe are responsible, is in a position to claim that its agents interest in the performance of the Contract ceases to apply. In these cases, liability is limited to the foreseeable losses that are typical for the contract. Should the Principal be in default of acceptance or employees are knowingly violate other obligations of cooperation, TUBEX shall be entitled to blamedemand the agreed price plus any additional expenses. If In this case, the delay risk of accidental collapse or accidental deterioration with respect to the item sold shall pass to the Principal at the time at which the Principal defaulted in its acceptance. Delivery quantities bindingly agreed in framework contracts shall be accepted by the Principal in full, failing which the Principal shall be obliged to compensate TUBEX for the agreed price plus any additional costs that arise from the shortfall in order quantity for the quantities not accepted. TUBEX is entitled to partial delivery and early delivery, in as far as this does not have its origin contradict any discernible interest of the Principal. At our request, the Principal shall provide a written notice in an intentional breach good time, as to whether it will, due to default of delivery, withdraw from the contract and/ or demand compensation for which HMS is to blamedamages, HMS' liability for damages shall be restricted to foreseeable typical loss or damageinsist on delivery. 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 Unless stated otherwise in the culpable breach of written order confirmation, TUBEX shall reserve the right to require the Principal to accept all products ordered in a material contractual obligation; in such a case the obligation to pay damages shall be restricted to foreseeable typical loss or damagesingle delivery.