Common use of Delivery Clause in Contracts

Delivery. In case we bear the freight costs, we may choose the means of transport. In the event that, due to force majeure or circumstances beyond our control, goods cannot be delivered by the agreed date or delivered at all, the delivery shall be regarded as cancelled. This applies in particular when, despite meticulous ordering by us, the necessary raw materials have not been supplied to us and we are unable to procure substitute materials at acceptable cost. We shall notify the customer immediately of any such situation by furnishing the customary documentary evidence and, in the case of straightforward delay, advise a new delivery date. We accept no liability in such an event for the consequences of non-performance or delay. Should the above apply to only part of a delivery, the rest of the contract shall remain in force.