Delivery period and delay of delivery Örnek Maddeleri

Delivery period and delay of delivery. 3.1 The delivery period begins on the date of the order. Early deliveries or services, or part deliveries or part services, require the prior consent of SCHOTT. 3.2 Without prejudice to the legal rights, SCHOTT shall be entitled, in the case of a delay by the Supplier, to charge an amount equivalent to 0.2 % of the price for the part of the order affected by the delay for every commenced working day of the order delay in addition to the claim to performance up to a maximum amount, however, of 5% of the price as liquidated damage. The foregoing does not affect XXXXXX’x rights to claim (i) additional damages in case that the lump sum of liquidated damage does not cover the real loss occurred by SCHOTT due to delay and/or (ii) reimbursement of any costs or any expenses arising or arose from delay of the Supplier. 3.3 Should the Supplier also not fulfil the delivery or service within a period of grace determined by SCHOTT, SCHOTT shall be entitled to commission the contractual performance to a third party and to demand compensation from the Supplier for any necessary expenditures and additional charges. SCHOTT also has the right to demand compensatory damages in lieu of specific performance. 3.4 For the purpose of establishing the timeliness of delivery or rectification of delivery of goods, the relevant point in time is the date of receipt at the place of receipt designated by SCHOTT (hereafter "place of delivery"). Apart from that, timeliness of services is determined by the date on which the services are rendered completely as agreed upon and accepted as completed by SCHOTT.