Common use of Liability for Delay Clause in Contracts

Liability for Delay. If the delivery date is exceeded substantially and the delay causes considerable inconvenience to the buyer, the buyer shall be entitled to request delivery from the seller in writing and at the same time stipulate a final delivery date. This date must be reasonable in view of the delay already occurred. If, hereafter, the seller omits to take all the necessary measures to ensure delivery by the then fixed date, the buyer is entitled to cancel the contract for the part of the order which is delayed by giving notice to the seller in writing. The buyer is not entitled to cancel the contract for any previous or future orders to be delivered. If the buyer cancels the contract for the part of the order which is delayed, the buyer is also entitled to claim damages, however only to the effect that in all circumstances the seller’s liability is limited in regard to amount to the effect that damages can never exceed the price according to invoice for the part of the order which is delayed. No other remedies for breach are available to the buyer. The seller assumes no liability for consequential damage or loss, including but not limited to costs pertaining to scaffolding, disassembly, installment and waiting time. The seller assumes no liability for business interruption, loss of profits, loss of time, loss of goodwill or any other indirect and/or non-financial losses.