Prices and Terms of Payment. 1. Unless explicitly agreed otherwise, our prices apply ex works, including an equipment-in-transit insurance, but exclusive of packing, loading, carriage and assembly; value added tax shall be added at the then applicable rate. Customer shall provide us a valid VAT identification number (UID) prior to delivery (if applicable). 2. If the rate of the invoice currency changes in relation to the EURO, particularly as a result of the devaluation or revaluation of one of the currencies, the purchase price charged is based on the exchange rate between the two currencies on the date of conclusion of contract, meaning the moment of deliver. 3. Unless otherwise agreed upon by the parties in writing, Customer shall pay the purchase price as follows: 30% at purchase order, 30 days / 60% after arrival at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due net / 10% after handover at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due net. 4. Payments are to be made by interbank payment without any kind of deduction and free of transaction charges to the designated bank account of ▇▇▇▇▇ Benelux B.V. in EURO’S. No cheque or bill of exchange will be considered as fulfilment of the payment obligation. Payments made by persons other than the Customer, which were not contractually agreed as paying agent or otherwise not authorized by us, shall not constitute fulfilment of the payment obligation. 5. A payment is held to have been made on the day we have it at our disposal. Any cheques and bills of exchange shall only be acceptable subject to respective cover and on account of payment.. All interest and expenses associated with the aforesaid (for example collection and discount expenses) are at the expense of Customer. Payments of Customer – independent of the respective payment reference – are initially accounted for interests and collection costs and then for the respectively oldest debt of Customer. 6. It may be agreed between the parties that Customer has to deliver a letter of credit issued by his bank (or any bank acceptable to us). In this individual case it is assumed that any letter of credit will be issued in accordance with the Uniform Customs and Practice for Documentary Credits in the current version at the date of formation of the contract (currently UCP 600). Unless otherwise agreed, the documentary credit shall be irrevocable and payable at sight and shall allow partial shipments and transshipments. Acceptance of letter of credits shall only be acceptable subject to respective cover and on account of payment. 7. From the due date and without a notice of default being required interest in the legal amount shall accrue subject to the commercial interest rate as specified in article 6:119a Dutch Civil Code. In case Customer is in default with a payment, with an obligation to cooperate or with the acceptance of delivery longer than 14 days, we are entitled to terminate the contract without further notification and may claim for full damages resulting from non- performance, regardless of whether the non-performance is attributable to Customer or not. Without prejudice to further claims for damages, a CONTRACTUAL PENALTY EQUAL TO 1/2 (ONE-HALF) OF THE NET CONTRACT PRICE will become due. The same shall apply, if Customer withdraws from the contract without substantial cause in law. 8. Customer is liable for the full costs and expenses made by ▇▇▇▇▇ Benelux B.V. for the collection of a due and payable claim on the customer, without limitations under Dutch law. This applies to extrajudicial costs and expenses (in Dutch: “buitengerechtelijke kosten”) as well as costs and expenses of legal proceedings (in Dutch: “proceskosten”). 9. Customer cannot rely on or invoke a right of suspension; article 6:52 of the Dutch Civil Code does not apply. 10. Customer may invoke set-off or exercise a pledge or right to retain only, if its claims have been accepted by us in writing or have been adjudicated by court. VIII DELIVERY TIME 1. Dates and deadlines set for contractual performance can only be observed if the order is clarified (i.e. clarification of all technical/commercial details) and if all documents to be supplied by Customer, necessary permits and releases, especially concerning plans, are received in time and if agreed terms of payment and other obligations of Customer, including but not limited to obligations to inform and cooperate, are duly fulfilled. 2. The period or date of delivery is deemed to be met, if the equipment has left our factory or if we gave notice of our readiness for dispatch on time. If a formal acceptance is agreed upon by the parties, the acceptance shall be carried out at the assigned date, alternatively shortly after our notice of readiness for acceptance. 3. If the delivery or the acceptance is delayed or omitted due to circumstances we are not responsible for, all legal consequences arising out or in connection with the delivery or acceptance (including but not limited to due dates for payment, passing of risk or start of warranty- period) will come into effect with the date of the notice of our readiness of dispatch resp. for acceptance. Acceptance may not be refused due to defects other than fundamental. The delivery date shall be extended adequately if the delay is caused by circumstances beyond our control and cannot be overcome by using commercially reasonable efforts, in particular because of natural disasters or other cases of force majeure, governmental interference or employment conflicts. If such impediment exists for longer than three (3) months, the contract may be terminated by either party with immediate effect. If delivery or acceptance is delayed or omitted due to circumstances Customer is responsible for, we will be entitled to claim the incurring costs (e.g. storage and financing costs) and/or exercise the rights in accordance with Article VII subsection 7.
Appears in 1 contract
Sources: General Terms and Conditions
Prices and Terms of Payment. 1. Unless explicitly agreed otherwiseOur prices apply, our prices apply failing any agreement to the contrary, ex works, including an a equipment-in-transit insurance, but exclusive of packing, loading, carriage and assembly; value added tax shall be added at the then applicable rate. Customer shall provide us a valid VAT identification number (UID) prior to delivery (if applicable).
2. If the rate of the invoice currency changes in relation to the EURO, particularly as a result of the devaluation or revaluation of one of the currencies, the purchase price charged is based on the exchange rate between the two currencies on the date of conclusion of contract, meaning the moment of deliver.
3. Unless otherwise agreed upon by the parties in writing, Customer ▇▇▇▇▇ shall pay the purchase price as follows: 30% at purchase orderin three equal parts, viz. 1/3 upon formation of the contract, 1/3 upon notice of readiness of dispatch and 1/3 within 30 days / 60% after arrival at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due net / 10% after handover at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due netof the date of delivery (transfer of risk).
4. Payments are to be made by interbank payment without any kind of deduction and free of transaction charges to the designated bank account of ▇▇▇▇▇ Benelux B.V. Machinery Korea Ltd. in EURO’S. the currency specified in the invoice. No cheque or bill of exchange will be considered as fulfilment of the payment obligation. Payments made by persons other than the Customer, which were not contractually agreed as paying agent or otherwise not authorized by us, shall not constitute fulfilment of the payment obligation.
5. A payment is held to have been made on the day we have it at our disposal. Any cheques and bills A possible acceptance of exchange check or bank draft shall be only be acceptable subject to respective cover and on account of payment.. payment (“zahlungshalber”). All interest and expenses associated with the aforesaid (for example collection and discount expenses) are at the expense of CustomerBuyer. Payments of Customer Buyer – independent of the respective payment reference – are initially accounted for interests and collection costs and then for the respectively oldest debt of CustomerBuyer.
6. It may be agreed between the parties that Customer ▇▇▇▇▇ has to deliver a letter of credit issued by his bank (or any bank acceptable to us). In this individual case it is assumed that any letter of credit will be issued in accordance with the Uniform Customs and Practice for Documentary Credits in the current version at the date of formation of the contract (currently UCP 600). Unless otherwise agreed, the documentary credit shall be irrevocable and payable at sight and shall allow partial shipments and transshipments. Acceptance of letter of credits shall be only be acceptable subject to respective cover and on account of paymentpayment [in German: “zahlungshalber”].
7. From the due date and without a notice of default being required interest in the legal amount shall accrue subject to the commercial interest rate as specified in article 6:119a Dutch Civil Codeapplicable law. In case Customer Buyer is in default with a payment, with an obligation to cooperate or with the acceptance of delivery longer than 14 days, we are entitled to terminate declare the contract avoided without further notification and may claim for full damages resulting from non- performance, regardless of whether the non-performance is attributable to Customer or notperformance. Without prejudice to further claims for damages, a CONTRACTUAL PENALTY EQUAL TO 1/2 (ONE-HALF10% ( TEN PERCENT) OF THE NET CONTRACT PRICE will become due. The same shall apply, if Customer ▇▇▇▇▇ withdraws from the contract without substantial cause in law.
8. Customer is liable for the full costs and expenses made by ▇▇▇▇▇ Benelux B.V. for the collection of a due and payable claim on the customer, without limitations under Dutch law. This applies to extrajudicial costs and expenses (in Dutch: “buitengerechtelijke kosten”) as well as costs and expenses of legal proceedings (in Dutch: “proceskosten”).
9. Customer cannot rely on or invoke a right of suspension; article 6:52 of the Dutch Civil Code does not apply.
10. Customer Buyer may invoke set-off or exercise a pledge or right to retain only, if its claims have been accepted by us in writing or have been adjudicated by court. VIII DELIVERY TIME
1. Dates and deadlines set for contractual performance can only be observed if the order is clarified (i.e. clarification of all technical/commercial details) and if all documents to be supplied by Customer, necessary permits and releases, especially concerning plans, are received in time and if agreed terms of payment and other obligations of Customer, including but not limited to obligations to inform and cooperate, are duly fulfilled.
2. The period or date of delivery is deemed to be met, if the equipment has left our factory or if we gave notice of our readiness for dispatch on time. If a formal acceptance is agreed upon by the parties, the acceptance shall be carried out at the assigned date, alternatively shortly after our notice of readiness for acceptance.
3. If the delivery or the acceptance is delayed or omitted due to circumstances we are not responsible for, all legal consequences arising out or in connection with the delivery or acceptance (including but not limited to due dates for payment, passing of risk or start of warranty- period) will come into effect with the date of the notice of our readiness of dispatch resp. for acceptance. Acceptance may not be refused due to defects other than fundamental. The delivery date shall be extended adequately if the delay is caused by circumstances beyond our control and cannot be overcome by using commercially reasonable efforts, in particular because of natural disasters or other cases of force majeure, governmental interference or employment conflicts. If such impediment exists for longer than three (3) months, the contract may be terminated by either party with immediate effect. If delivery or acceptance is delayed or omitted due to circumstances Customer is responsible for, we will be entitled to claim the incurring costs (e.g. storage and financing costs) and/or exercise the rights in accordance with Article VII subsection 7.
Appears in 1 contract
Sources: Sales Contracts
Prices and Terms of Payment. 1. Unless explicitly agreed otherwiseOur prices apply, our prices apply failing any agreement to the contrary, ex works, including an equipment-in-transit insurance, but exclusive of packing, loading, carriage and assembly; value added tax shall be added at the then applicable rate. Customer Buyer shall provide us a valid VAT identification number (UID) prior to delivery (if applicable).
2. Our prices shall be fixed prices. In the event that after conclusion of the contract the net purchase prices to be paid by us for materials for the manufacture of the equipment increase by more than 10 percent up to the time of delivery of the equipment, we expressly reserve the right to increase the price accordingly.
3. If the rate of the invoice currency changes in relation to the EURO, particularly as a result of the devaluation or revaluation of one of the currencies, the purchase price charged is based on the exchange rate between the two currencies on the date of conclusion of contract, meaning the moment of deliver.
34. Unless otherwise agreed upon by the parties in writing, Customer Buyer shall pay 60% of the purchase price as follows: 30% at purchase order, at the latest after 30 days / 60and 40% after arrival at customer’s production site, but at latest 30 days of the purchase price with shipment ex works if delay is not caused by ▇▇▇▇▇works, immediately due net / 10% at the latest after handover at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due netdays.
45. Payments are to be made by interbank payment without any kind of deduction and free of transaction charges to the designated bank account of ▇▇▇▇▇ Benelux B.V. AUSTRIA GmbH in EURO’S. the currency specified in the invoice. No cheque or bill of exchange will be considered as fulfilment of the payment obligation. Payments made by persons other than the CustomerBuyer, which were not contractually agreed as paying agent or otherwise not authorized by us, shall not constitute fulfilment of the payment obligation.
56. A payment is held to have been made on the day we have it at our disposal. Any cheques and bills A possible acceptance of exchange check or bank draft shall be only be acceptable subject to respective cover and on account of payment.. payment (“zahlungshalber”). All interest and expenses associated with the aforesaid (for example collection and discount expenses) are at the expense of CustomerBuyer. Payments of Customer Buyer – independent of the respective payment reference – are initially accounted for interests and collection costs and then for the respectively oldest debt of CustomerBuyer.
67. It may be agreed between the parties that Customer ▇▇▇▇▇ has to deliver a letter of credit issued by his bank (or any bank acceptable to us). In this individual case it is assumed that any letter of credit will be issued in accordance with the Uniform Customs and Practice for Documentary Credits in the current version at the date of formation of the contract (currently UCP 600). Unless otherwise agreed, the documentary credit shall be irrevocable and payable at sight and shall allow partial shipments and transshipments. Acceptance of letter of credits shall be only be acceptable subject to respective cover and on account of paymentpayment [in German: “zahlungshalber”].
78. From If the Buyer is in default with the payment of the agreed purchase price in whole or in part, the outstanding total amount is due date immediately [in German: “Terminsverlust”] and without a notice of default being required interest in on arrears will be charged at statutory rate. To the legal amount shall accrue subject extent we have retained title to the commercial interest rate as specified in article 6:119a Dutch Civil CodeEquipment under Section XII. In case Customer of these GTC, we shall further be entitled to collect the Equipment without Buyer’s consent but at the Buyer's expense. As compensation for the depreciation of the Equipment or the benefit derived from the Equipment, the Buyer shall pay to us 3% (three percent) of the net purchase price of the Equipment per each full month - commencing from delivery.
9. Notwithstanding the above point 8, we are entitled to withdraw from the contract without further notice and to claim damages for non- performance if the Buyer is more than 14 days in default with a payment, with an obligation to cooperate or with the acceptance of delivery longer than 14 days, we are entitled to terminate the contract without further notification and may claim for full damages resulting from non- performance, regardless of whether the non-performance is attributable to Customer or notdelivery. Without prejudice to further claims for damages, a CONTRACTUAL PENALTY EQUAL TO 1/2 (ONE-HALF) OF THE NET CONTRACT PRICE will become due. The same shall apply, if Customer ▇▇▇▇▇ withdraws from the contract without substantial cause in law.
810. Customer Notwithstanding any provision contained herein, we reserve the right to exclude Buyer from using the Equipment if Buyer is in default of any payment due to us. The Equipment shall be shut down as long as Buyer is in default. We shall not be liable for any damages incurred by the full costs and expenses made by ▇▇▇▇▇ Benelux B.V. for the collection of Buyer as a due and payable claim on the customer, without limitations under Dutch law. This applies to extrajudicial costs and expenses (in Dutch: “buitengerechtelijke kosten”) as well as costs and expenses of legal proceedings (in Dutch: “proceskosten”)result.
911. Customer cannot rely on or invoke a right of suspension; article 6:52 of the Dutch Civil Code does not apply.
10. Customer Buyer may invoke set-off or exercise a pledge or right to retain only, if its claims have been accepted by us in writing or have been adjudicated by court. VIII DELIVERY TIME
1. Dates and deadlines set for contractual performance can only be observed if the order is clarified (i.e. clarification of all technical/commercial details) and if all documents to be supplied by Customer, necessary permits and releases, especially concerning plans, are received in time and if agreed terms of payment and other obligations of Customer, including but not limited to obligations to inform and cooperate, are duly fulfilled.
2. The period or date of delivery is deemed to be met, if the equipment has left our factory or if we gave notice of our readiness for dispatch on time. If a formal acceptance is agreed upon by the parties, the acceptance shall be carried out at the assigned date, alternatively shortly after our notice of readiness for acceptance.
3. If the delivery or the acceptance is delayed or omitted due to circumstances we are not responsible for, all legal consequences arising out or in connection with the delivery or acceptance (including but not limited to due dates for payment, passing of risk or start of warranty- period) will come into effect with the date of the notice of our readiness of dispatch resp. for acceptance. Acceptance may not be refused due to defects other than fundamental. The delivery date shall be extended adequately if the delay is caused by circumstances beyond our control and cannot be overcome by using commercially reasonable efforts, in particular because of natural disasters or other cases of force majeure, governmental interference or employment conflicts. If such impediment exists for longer than three (3) months, the contract may be terminated by either party with immediate effect. If delivery or acceptance is delayed or omitted due to circumstances Customer is responsible for, we will be entitled to claim the incurring costs (e.g. storage and financing costs) and/or exercise the rights in accordance with Article VII subsection 7.
Appears in 1 contract
Sources: Sales Contracts
Prices and Terms of Payment. 1. Unless explicitly agreed otherwiseOur prices apply, our prices apply failing any agreement to the contrary, ex works, including an a equipment-in-transit insurance, but exclusive of packing, loading, carriage and assembly; value added tax shall be added at the then applicable rate. Customer shall provide us a valid VAT identification number (UID) prior to delivery (if applicable).
2. If the rate of the invoice currency changes in relation to the EURO, particularly as a result of the devaluation or revaluation of one of the currencies, the purchase price charged is based on the exchange rate between the two currencies on the date of conclusion of contract, meaning the moment of deliver.
3. Unless otherwise agreed upon by the parties in writing, Customer Buyer shall pay the purchase price as follows: 30% at purchase orderin three equal parts, viz. 1/3 upon formation of the contract, 1/3 upon notice of readiness of dispatch and 1/3 within 30 days / 60% after arrival at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due net / 10% after handover at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due netof the date of delivery (transfer of risk).
4. Payments are to be made by interbank payment without any kind of deduction and free of transaction charges to the designated bank account of ▇▇▇▇▇ Benelux B.V. Machinery Korea Ltd. in EURO’S. the currency specified in the invoice. No cheque or bill of exchange will be considered as fulfilment of the payment obligation. Payments made by persons other than the Customer, which were not contractually agreed as paying agent or otherwise not authorized by us, shall not constitute fulfilment of the payment obligation.
5. A payment is held to have been made on the day we have it at our disposal. Any cheques and bills A possible acceptance of exchange check or bank draft shall be only be acceptable subject to respective cover and on account of payment.. payment (“zahlungshalber”). All interest and expenses associated with the aforesaid (for example collection and discount expenses) are at the expense of CustomerBuyer. Payments of Customer Buyer – independent of the respective payment reference – are initially accounted for interests and collection costs and then for the respectively oldest debt of CustomerBuyer.
6. It may be agreed between the parties that Customer ▇▇▇▇▇ has to deliver a letter of credit issued by his bank (or any bank acceptable to us). In this individual case it is assumed that any letter of credit will be issued in accordance with the Uniform Customs and Practice for Documentary Credits in the current version at the date of formation of the contract (currently UCP 600). Unless otherwise agreed, the documentary credit shall be irrevocable and payable at sight and shall allow partial shipments and transshipments. Acceptance of letter of credits shall be only be acceptable subject to respective cover and on account of paymentpayment [in German: “zahlungshalber”].
7. From the due date and without a notice of default being required interest in the legal amount shall accrue subject to the commercial interest rate as specified in article 6:119a Dutch Civil Codeapplicable law. In case Customer Buyer is in default with a payment, with an obligation to cooperate or with the acceptance of delivery longer than 14 days, we are entitled to terminate declare the contract avoided without further notification and may claim for full damages resulting from non- performance, regardless of whether the non-performance is attributable to Customer or notperformance. Without prejudice to further claims for damages, a CONTRACTUAL PENALTY EQUAL TO 1/2 (ONE-HALF10% ( TEN PERCENT) OF THE NET CONTRACT PRICE will become due. The same shall apply, if Customer ▇▇▇▇▇ withdraws from the contract without substantial cause in law.
8. Customer is liable for the full costs and expenses made by ▇▇▇▇▇ Benelux B.V. for the collection of a due and payable claim on the customer, without limitations under Dutch law. This applies to extrajudicial costs and expenses (in Dutch: “buitengerechtelijke kosten”) as well as costs and expenses of legal proceedings (in Dutch: “proceskosten”).
9. Customer cannot rely on or invoke a right of suspension; article 6:52 of the Dutch Civil Code does not apply.
10. Customer Buyer may invoke set-off or exercise a pledge or right to retain only, if its claims have been accepted by us in writing or have been adjudicated by court. VIII DELIVERY TIME
1. Dates and deadlines set for contractual performance can only be observed if the order is clarified (i.e. clarification of all technical/commercial details) and if all documents to be supplied by Customer, necessary permits and releases, especially concerning plans, are received in time and if agreed terms of payment and other obligations of Customer, including but not limited to obligations to inform and cooperate, are duly fulfilled.
2. The period or date of delivery is deemed to be met, if the equipment has left our factory or if we gave notice of our readiness for dispatch on time. If a formal acceptance is agreed upon by the parties, the acceptance shall be carried out at the assigned date, alternatively shortly after our notice of readiness for acceptance.
3. If the delivery or the acceptance is delayed or omitted due to circumstances we are not responsible for, all legal consequences arising out or in connection with the delivery or acceptance (including but not limited to due dates for payment, passing of risk or start of warranty- period) will come into effect with the date of the notice of our readiness of dispatch resp. for acceptance. Acceptance may not be refused due to defects other than fundamental. The delivery date shall be extended adequately if the delay is caused by circumstances beyond our control and cannot be overcome by using commercially reasonable efforts, in particular because of natural disasters or other cases of force majeure, governmental interference or employment conflicts. If such impediment exists for longer than three (3) months, the contract may be terminated by either party with immediate effect. If delivery or acceptance is delayed or omitted due to circumstances Customer is responsible for, we will be entitled to claim the incurring costs (e.g. storage and financing costs) and/or exercise the rights in accordance with Article VII subsection 7.
Appears in 1 contract
Sources: Sales Contracts
Prices and Terms of Payment. 1. Unless explicitly agreed otherwiseOur prices apply, our prices apply failing any agreement to the contrary, ex works, including an a equipment-in-transit insurance, but exclusive of packing, loading, carriage and assembly; value added tax shall be added at the then applicable rate. Customer Buyer shall provide us a valid VAT identification number (UID) prior to delivery (if applicable).
2. If the rate of the invoice currency changes in relation to the EURO, particularly as a result of the devaluation or revaluation of one of the currencies, the purchase price charged is based on the exchange rate between the two currencies on the date of conclusion of contract, meaning the moment of deliver.
3. Unless otherwise agreed upon by the parties in writing, Customer Buyer shall pay the purchase price as follows: 30% at purchase orderin three equal parts, viz. 1/3 upon formation of the contract, 1/3 upon notice of readiness of dispatch and 1/3 within 30 days / 60% after arrival at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due net / 10% after handover at customer’s production site, but at latest 30 days with shipment ex works if delay is not caused by ▇▇▇▇▇, immediately due netof the date of delivery (transfer of risk).
4. Payments are to be made by interbank payment without any kind of deduction and free of transaction charges to the designated bank account of ▇▇▇▇▇ Benelux B.V. AUSTRIA GmbH in EURO’S. the currency specified in the invoice. No cheque or bill of exchange will be considered as fulfilment of the payment obligation. Payments made by persons other than the Customer, which were not contractually agreed as paying agent or otherwise not authorized by us, shall not constitute fulfilment of the payment obligation.
5. A payment is held to have been made on the day we have it at our disposal. Any cheques and bills A possible acceptance of exchange check or bank draft shall be only be acceptable subject to respective cover and on account of payment.. payment (“zahlungshalber”). All interest and expenses associated with the aforesaid (for example collection and discount expenses) are at the expense of CustomerBuyer. Payments of Customer Buyer – independent of the respective payment reference – are initially accounted for interests and collection costs and then for the respectively oldest debt of CustomerBuyer.
6. It may be agreed between the parties that Customer ▇▇▇▇▇ has to deliver a letter of credit issued by his bank (or any bank acceptable to us). In this individual case it is assumed that any letter of credit will be issued in accordance with the Uniform Customs and Practice for Documentary Credits in the current version at the date of formation of the contract (currently UCP 600). Unless otherwise agreed, the documentary credit shall be irrevocable and payable at sight and shall allow partial shipments and transshipments. Acceptance of letter of credits shall be only be acceptable subject to respective cover and on account of paymentpayment [in German: “zahlungshalber”].
7. From the due date and without a notice of default being required interest in the legal amount shall accrue subject to the commercial interest rate as specified in article 6:119a Dutch Civil Codeapplicable law. In case Customer Buyer is in default with a payment, with an obligation to cooperate or with the acceptance of delivery longer than 14 days, we are entitled to terminate declare the contract avoided without further notification and may claim for full damages resulting from non- performance, regardless of whether the non-performance is attributable to Customer or not. Without prejudice to further claims for damages, a CONTRACTUAL PENALTY EQUAL TO 1/2 (ONE-HALF) OF THE NET CONTRACT PRICE will become due. The same shall apply, if Customer ▇▇▇▇▇ withdraws from the contract without substantial cause in law.
8. Customer is liable for the full costs and expenses made by ▇▇▇▇▇ Benelux B.V. for the collection of a due and payable claim on the customer, without limitations under Dutch law. This applies to extrajudicial costs and expenses (in Dutch: “buitengerechtelijke kosten”) as well as costs and expenses of legal proceedings (in Dutch: “proceskosten”).
9. Customer cannot rely on or invoke a right of suspension; article 6:52 of the Dutch Civil Code does not apply.
10. Customer Buyer may invoke set-off or exercise a pledge or right to retain only, if its claims have been accepted by us in writing or have been adjudicated by court. VIII DELIVERY TIME
1. Dates and deadlines set for contractual performance can only be observed if the order is clarified (i.e. clarification of all technical/commercial details) and if all documents to be supplied by Customer, necessary permits and releases, especially concerning plans, are received in time and if agreed terms of payment and other obligations of Customer, including but not limited to obligations to inform and cooperate, are duly fulfilled.
2. The period or date of delivery is deemed to be met, if the equipment has left our factory or if we gave notice of our readiness for dispatch on time. If a formal acceptance is agreed upon by the parties, the acceptance shall be carried out at the assigned date, alternatively shortly after our notice of readiness for acceptance.
3. If the delivery or the acceptance is delayed or omitted due to circumstances we are not responsible for, all legal consequences arising out or in connection with the delivery or acceptance (including but not limited to due dates for payment, passing of risk or start of warranty- period) will come into effect with the date of the notice of our readiness of dispatch resp. for acceptance. Acceptance may not be refused due to defects other than fundamental. The delivery date shall be extended adequately if the delay is caused by circumstances beyond our control and cannot be overcome by using commercially reasonable efforts, in particular because of natural disasters or other cases of force majeure, governmental interference or employment conflicts. If such impediment exists for longer than three (3) months, the contract may be terminated by either party with immediate effect. If delivery or acceptance is delayed or omitted due to circumstances Customer is responsible for, we will be entitled to claim the incurring costs (e.g. storage and financing costs) and/or exercise the rights in accordance with Article VII subsection 7.
Appears in 1 contract
Sources: Sales Contracts