Period of performance, delayed performance. (1) Service schedules are based on estimates and SEW is therefore no responsibility to guarantee the completion date of the Service.
(2) The Customer can demand that the service be performed within a binding period of time (“Binding period”), provided that this period must be in writing and agreed by the Parties, the agreement of Binding period are only performed when the scope of the work of Services has been precisely defined.
(3) The Binding period shall be deemed to be have been complied with if the service item is ready for delivery to the Customer in accordance with the prior written notice by SEW, or for testing if testing is stipulated under the agreement, at the time the Binding period expires.
(4) If additional or extended orders are subsequently placed, or if there is additional work required, the Binding period shall be extended in accordance with the mutual agreement in writing of the Parties.
(5) If there is a delay in providing Services due to events such as industrial disputes, especially strikes and , or due to other force majeure events that are not the fault of SEW, the Binding period will be appropriately extended provided such force majeure events have ademonstrably significant effect on the provision of the Service.
(6) If the Customer accrues damages as a result of delay in providing the Service by SEW, the Customer shall be entitled to claim compensation for the delay. The compensation shall be calculated at 0.5% for each full week of delay, to an overall maximum of 5% of the Service price for that part of the Service item that could not be used in time as a result of the delay. If the Customer sets an appropriate deadline after the due date for SEW to provide the Service, taking any legal exceptions into account, and the deadline is not met, the Customer is entitled to unilaterally terminate the agreement in accordance with provisions. If the Customer wishes to exercise its right to unilaterally terminate the agreement as mentioned above, SEW must be notified in writing, at least ten (10) working days prior to the termination date of the agreement, of whether it plans to make use of its right to unilaterally terminate the agreement. .
