Common use of Deadlines Clause in Contracts

Deadlines. 4.1 Unless expressly agreed to be binding delivery or service periods stated shall only be approximate and non-binding. Binding agreements on deadlines shall be recorded in writing and subject to the Agency‘s written confirmation. 4.2 If the delivery/service of the Agency is delayed for reasons for which the Agency is not responsible, such as, e.g. events of force majeure or other unforeseeable events that can not be prevented by reasonable means, the service obligations shall be suspended for the duration and to the extent of the impairment and the periods shall be extended accordingly. If such delays continue for more than two months, the Customer and the Agency shall be entitled to rescind the contract. 4.3 If the Agency is in default, the Customer may only rescind the contract after having granted the Agency a grace period of at least 14 days and such period has expired fruitlessly. Claims of the Customer for damages on the ground of non-performance or default shall be excluded, unless intent or gross negligence can be proved.