Common use of Goods Delivery Clause in Contracts

Goods Delivery. 4.1 The delivery period stated in the purchase order is binding. 4.2 If delivery is made before the agreed date of delivery, the Buyer reserves the right to return the goods at the expense and risk of the supplier. If the delivery is not returned although it was received prior to schedule, the goods shall be stored at the Buyer at the expense and risk of the Seller. 4.3 The Seller shall be obliged to notify the Buyer immediately in writing if circumstances arise or become known to it that will result in non-compliance with the agreed delivery date. 4.4 In the event of delayed delivery, the Buyer is entitled to demand liquidated damages corresponding to 1% of the delivery value per full week, but no more than 10% of the delivery value in total, unless the Seller can prove that no damage, or much less damage, was incurred as a result of the delay. 4.5 The Buyer's right to further-reaching claims, in particular in connection with damage incurred by the Buyer due to a loss of production due to goods not being delivered on time or in a due and proper manner, is reserved. Furthermore, the Buyer is under no obligation to reserve the right to assert a financial penalty if a late delivery is accepted. The same shall apply to the acceptance of goods that are not delivered in a due and proper fashion. 4.6 The goods are to be packaged in a manner that prevents transportation damage. Packaging material is only to be used to the extent that is necessary to achieve the purpose. Only environmentally friendly packaging may be used. The Seller's obligation to accept returned goods due to the packaging shall be based on the statutory provisions. 4.7 The Seller shall use selected specialist staff to perform the activities relating to the services to be performed by it. The use of a sub-supplier or sub-contractor shall require the prior written approval of the Buyer. In the event that the use of a sub-supplier/sub-contractor is approved, the Seller must subject the sub-supplier/sub-contractor, in respect of the duties assumed by it, to all of the obligations that the Seller has assumed vis-à-vis the Buyer and ensure that these obligations are met. 4.8 The Seller shall make its deliveries/perform its services in line with state of the art technical standards. It must comply with the laws, ordinances and official requirements that apply in the Federal Republic of Germany, adhere to judicial decisions and take the technical rules, norms and guidelines that apply at the time the Agreement is concluded as a basis. In particular, the Seller must adhere to the provisions and regulations as stipulated by the competent trade associations, as well as to the generally accepted occupational health and safety regulations. Machinery and technical resources must be delivered together with operating instructions and an EC Declaration of Conformity in accordance with the Regulation of the Equipment and Product Safety Act (Machinery Regulation). Wherever possible, work resources bearing a CE mark are to be used. If no mark of conformity has been issued, evidence that the above-mentioned provisions have been adhered to must be furnished at the request of the Buyer. 4.9 The Seller shall make its deliveries/perform its services in line with any other delivery provisions of the Buyer that apply at the relevant point in time. 4.10 As a general rule, the Seller is only entitled to make partial deliveries/perform partial services with the written consent of the Buyer. 4.11 The Seller is obliged to quote the Buyer's order number on all dispatch documents and delivery notes. The Buyer shall have no liability for any delays resulting from a breach of this obligation.