Common use of Delivery time Clause in Contracts

Delivery time. 8.1 The delivery time shall start as soon as the contract is entered into, all official formalities such as, but not limited to, import, export, transit and payment permits have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time the supplier has sent a notice to the customer informing him that the su- plies are ready for dispatch. 8.2 Compliance with the delivery time is conditional upon the customer’s fulfilment of his contractual obligations. 8.3 The delivery time shall be reasonably extended: a) if the information required by the supplier for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or ser- vices; b) if hindrances occur which the supplier cannot pre- vent despite exercising the required care, regardless of whether they affect the supplier, the customer or a third party. Such hindrances include, but shall not be limited to, epidemics, mobilisation, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, acci- dents, labour conflicts, late or deficient delivery by subcontractors of raw materials, semifinished or fi- nished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unfore- seeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performan- ce of his contractual obligations, in particular if the customer fails to observe the terms of payment. 8.4 The customer shall be entitled to claim liquidated dama- ges for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the sup- plier and that the customer has suffered a loss as a re- sult of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed 0.5 per cent for every full week’s delay and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages at all shall be due for the first two weeks of delay. After reaching the maximum liquidated damages for delayed delivery, the customer shall grant the supplier a reasonable extension of time in writing. If such an extension is not observed for reasons within the sup- plier’s control, the customer shall have the right to reject the delayed part of the supplies or services. If a partial acceptance is economically not justified on the part of the customer, the latter shall be entitled to terminate the contract and to claim refund of the money already paid against return of the deliveries supplied. 8.5 In case a specific date is fixed instead of a delivery pe- riod, this date shall correspond to the last day of a deli- very period; Clauses 8.1 to 8.4 apply by analogy. 8.6 Any delay of the supplies or services does not entitle the customer to any rights and claims other than those ex- pressly stipulated in this Clause 8. This limitation does, however, not apply to unlawful intent or gross negligen- ce on the part of the supplier, but does apply to persons employed or appointed by the supplier to perform any of his obligations.

Delivery time. 8.1 7.1 The delivery time shall start as soon as the contract is entered into, all official formalities such as, but not limited to, import, export, transit and payment permits have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time the supplier has sent a notice to the customer informing him that the su- plies supplies are ready for dispatch. 8.2 Compliance with the delivery time is conditional upon the customer’s fulfilment of his contractual obligations. 8.3 7.2 The delivery time shall be reasonably extended: a) if the information required by the supplier for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or ser- vicesservices; b) if hindrances occur which the supplier cannot pre- vent prevent despite exercising the required care, regardless re- gardless of whether they affect the supplier, the customer or a third party. Such hindrances includein- clude, but shall not be limited to, epidemics, mobilisation, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, acci- dentsaccidents, labour conflicts, late or deficient delivery by subcontractors of raw materials, semifinished semi-finished or fi- nished finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational suprana- tional bodies, embargoes, unfore- seeable unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performan- ce perfor- mance of his contractual obligations, in particular if the customer fails to observe the terms of paymentpay- ment. 8.4 7.3 The customer shall be entitled to claim liquidated dama- ges damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the sup- plier supplier and that the customer has suffered suf- fered a loss as a re- sult result of such delay. If substitute material can be supplied to accommodate the customercus- ▇▇▇▇▇, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed 0.5 per cent for every full week’s delay ZHHNde¶laVy and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages dam- ages at all shall be due for the first two weeks of delay. After reaching the maximum liquidated damages for delayed delivery, the customer shall grant the supplier a reasonable extension of time in writing. If such an extension is not observed for reasons within the sup- plier’s controlsuppli- HUc¶oVntrol, the customer shall have the right to reject the delayed part of the supplies or services. If a partial acceptance is economically not justified on the part of the customer, the latter shall be entitled to terminate the contract and to claim refund of the money already paid against return of the deliveries supplied. 8.5 In case a specific date is fixed instead of a delivery pe- riod, this date shall correspond to the last day of a deli- very period; Clauses 8.1 to 8.4 apply by analogy. 8.6 7.4 Any delay of the supplies or services does not entitle the customer to any rights and claims other than those ex- pressly expressly stipulated in this Clause 87. This limitation does, however, not apply to unlawful intent or gross negligen- ce negligence on the part of the supplier, but does apply to persons employed or appointed by the supplier to perform any of his obligations.

Delivery time. 8.1 The delivery time shall start as soon as the contract is entered into, all official formalities such as, but not limited to, import, export, transit and payment permits have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time the supplier has sent a notice to the customer informing him that the su- plies suplies are ready for dispatch. 8.2 Compliance with the delivery time is conditional upon the customer’s fulfilment of his contractual obligations. 8.3 The delivery time shall be reasonably extended: a) if the information required by the supplier for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or ser- vicesservices; b) if hindrances occur which the supplier cannot pre- vent prevent despite exercising the required care, regardless of whether they affect the supplier, the customer or a third party. Such hindrances include, but shall not be limited to, epidemics, mobilisation, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, acci- dentsaccidents, labour conflicts, late or deficient delivery by subcontractors of raw materials, semifinished or fi- nished finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, embargoes, unfore- seeable unforeseeable transport problems, fire, explosion, natural catastrophes; c) if the customer or a third party is behind schedule with work he has to execute, or with the performan- ce performance of his contractual obligations, in particular if the customer fails to observe the terms of payment. 8.4 The customer shall be entitled to claim liquidated dama- ges damages for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the sup- plier supplier and that the customer has suffered a loss as a re- sult result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed 0.5 per cent for every full week’s delay and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages at all shall be due for the first two weeks of delay. After reaching the maximum liquidated damages for delayed delivery, the customer shall grant the supplier a reasonable extension of time in writing. If such an extension is not observed for reasons within the sup- pliersupplier’s control, the customer shall have the right to reject the delayed part of the supplies or services. If a partial acceptance is economically not justified on the part of the customer, the latter shall be entitled to terminate the contract and to claim refund of the money already paid against return of the deliveries supplied. 8.5 . In case a specific date is fixed instead of a delivery pe- riodperiod, this date shall correspond to the last day of a deli- very delivery period; Clauses 8.1 to 8.4 apply by analogy. 8.6 Any delay of the supplies or services does not entitle the customer to any rights and claims other than those ex- pressly stipulated in this Clause 8. This limitation does, however, not apply to unlawful intent or gross negligen- ce on the part of the supplier, but does apply to persons employed or appointed by the supplier to perform any of his obligations.

Delivery time. 8.1 The delivery time shall start as soon as the contract is entered into, all official formalities such as, but not limited to, import, export, transit and payment permits have been completed, payments due with the order have been made, any agreed securities given and the main technical points settled. The delivery time shall be deemed to be observed if by that time the supplier has sent a notice to the customer informing him that the su- plies supplies are ready for dispatch. 8.2 Compliance with the delivery time is conditional upon the customer’s fulfilment of his contractual obligations. 8.3 The delivery time shall be reasonably extended: a) if the information required by the supplier for the performance of the contract is not received in time, or if the customer subsequently changes it thereby causing a delay in the delivery of the supplies or ser- vices;services; or b) if hindrances occur which the supplier cannot pre- vent prevent despite exercising the required carecare (force majeure), regardless of whether they affect the supplier, the customer or a third party. Such hindrances include, but shall not be limited to, epidemics, pandemics, mobilisation, war, civil war, acts of terrorism, riots, political unrest, revolutions, sabotage, serious breakdown in the works, acci- dentsaccidents, labour conflicts, late or deficient delivery by subcontractors of raw materials, semifinished or fi- nished finished products, the need to scrap important work pieces, actions or omissions by any authorities or state or supranational bodies, travel advice issued by authorities, embargoes, unfore- seeable unforeseeable transport problems, fire, explosion, natural catastrophes;; or c) if the customer or a third party is behind schedule with work he has to execute, or with the performan- ce performance of his contractual obligations, in particular if the customer fails to observe the terms of payment; or d) if other circumstances arise for which the supplier is not responsible. 8.4 The customer shall be entitled to claim liquidated dama- ges for delayed delivery insofar as it can be proven that the delay has been caused through the fault of the sup- plier and that the customer has suffered a loss as a re- sult of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed 0.5 per cent for every full week’s delay and shall in no case whatsoever altogether exceed 5 per cent of the contract price of the part of the supplies in delay. No damages at all shall be due for the first two weeks of delay. After reaching the maximum liquidated damages for delayed delivery, the customer shall grant the supplier a reasonable extension of time in writing. If such an extension is not observed for reasons within the sup- plier’s control, the customer shall have the right to reject the delayed part of the supplies or services. If a partial acceptance is economically not justified on the part of the customer, the latter shall be entitled to terminate the contract and to claim refund of the money already paid against return of the deliveries supplied. 8.5 In case a specific date is fixed instead of a delivery pe- riod, this date shall correspond to the last day of a deli- very period; Clauses 8.1 to 8.4 apply by analogy. 8.6 Any delay of the supplies or services does not entitle the customer to any rights and claims other than those ex- pressly expressly stipulated in this Clause 8. This limitation does, however, not apply to unlawful intent or gross negligen- ce negligence on the part of the supplier, but does apply to persons employed or appointed by the supplier to perform any of his obligations.