Common use of Late Performance Clause in Contracts

Late Performance. 1.3.1. In order to be released from liability, the Trustee may not plead the defective condition of the vehicle used to carry out the carriage against the Client. 1.3.2. In the event of a late delivery of the lorry, the Client may withdraw from the contract and claim the costs resulting from the unsuccessful attempt to load, as well as the surcharge paid for the other vehicle. 1.3.3. Delivery beyond the date specified as the date of delivery of the goods in the Freight Order considered a late performance. 1.3.4. Delay in delivery, and at the same time exceeding the time limit for carriage, shall be deemed to have occurred if the goods have not been delivered by the carrier within the time limit specified in the Freight Order or, in the absence of an agreement, within the time expected from a diligent carrier. 1.3.5. In the event of a delay, if the delay results in damage to the Client, the Trustee shall be liable to pay compensation. 1.3.6. In case of non-employment, all verifiable damages shall be charged by the Client to the Trustee, but at least EUR 100 for each transport task not performed by the deadline, as a penalty for failure.