Common use of Delivery time Clause in Contracts

Delivery time. 1. The start of the delivery time requires that all technical matters have been settled. Verkaufs- und Lieferbedingungen der Fluolite Licht & Leuchten GmbH & Co. KG – Stand 2021/01 – EN – Seite 1 von 2 2. The fulfillment of our delivery obligation does also require that the customer has fulfilled all his obligations in time. We reserve the right to assert non­fulfillment of the contract. 3. If the customer is in default of acceptance or is otherwise in breach of his obligation to contribute, we are entitled to claim damages for any loss that might thus have been incurred. 4. In case of IV.3, the risk of accidental loss or accidental deterioration of goods is transferred to the customer at such time as he is in default of acceptance or payment. 5. We are liable in accordance with legal regulations if the underlying contract of sale is a firm deal according to § 286 para. 2 No 4 BGB (Civil Code) or § 376 HGB (Commercial Code). We are also liable in accordance with legal regulations if due to a default in delivery that we are responsible for the customer is entitled to assert that his interest in any fulfillment of the contract has been discontinued. 6. We are also liable in accordance with legal regulations if the default in delivery has been caused by a breach of contract that we are willfully or grossly negligently responsible for. If the default in delivery does not arise from a breach of contract that we are willfully responsible for, our liability is limited to a typical damage of the sort in question. 7. We are also liable in accordance with legal regulations if the default in delivery we are responsible for arises from our culpable breach of an integral provision of the contract, in which case our liability shall, however, be limited to a typical damage of the sort in question. 8. Otherwise, we are liable for default of delivery for any full week of such default to the amount of a flat rate of 0,5 percent of the delivery with a maximum total of 5 percent. Any further default in delivery liability is hereby excluded. 9. This is without prejudice to the customer´s assertion of other legal rights.