Common use of Delivery Clause in Contracts

Delivery. 1. Thetimeofdeliveryisthedayonwhichthegoodsaredispatchedfromtheworksorthetemporarystore, or are placed at the Buyer's disposal and are ready for shipment. 2. ShipmentshallonlybeeffectedaccordingtoagreementbetweenSellerandBuyer.If,uponrequestbythe Buyer,shipmentismadebyanyothermodeoftransportationorbyexpressorspecialexpressservice,theBuyer shall bear the additional costs incurred as compared to ordinary freight. Additional costs can be collected on delivery. 3. The Seller's delivery shall be effected upon transfer of the goods to the freight carrier, or upon the date the goods are ready for shipment if so agreed. At this time, any risk shall pass to the Buyer, even if transport risk has been insured by the Seller. 4. All reusable yarn carriers as well as packaging materials are included in the sales price and can, upon agreement, be returned – freight prepaid – to the respective Seller's works.The Seller reserves the right to define therelevantforwardingagent.Anyreturnedemptiesfromothersuppliersshallbedisposedofattheexpense of the sender. 5. The Seller shall endeavour to meet the delivery date agreed upon. In case of delayed delivery, the Buyer shall grant a reasonable period of grace of at least six weeks. Any event of force majeure, shortage of raw materials, unforeseen difficulties and/or restrictions in operations, stoppage of operation, dispatch difficul- ties or any other unforeseen obstacles, making it impossible for the Seller or its suppliers to manufacture or dispatch the goods in whole or in part, shall discharge the Seller from its delivery obligation for the period of the interruption and its effects and the Seller shall be entitled at its own free discretion to either extend the delivery time accordingly or to withdraw from the non-performed part of the contract. The Seller shall, wheneverpracticable,informtheBuyeraboutsuchinterruptions,notifyingthepresumableduration.Should the delivery time agreed upon be exceeded by more than eight weeks, both parties shall be entitled to with- draw from the contract to the extent of goods not yet shipped. In this case, the Buyer shall not be entitled to claim subsequent delivery or damage. The Seller shall not be liable for any damage due to late delivery unless it is due to a deliberate or grossly negligent breach of contract by the Seller or one of its assistants of performance. 6. Unless otherwise agreed between the parties, the Buyer shall be obliged to provide at its own cost all necessary approvals, documents and other prerequisites required for import and payment of the goods.

Delivery. 12.1 The agreed delivery times are only approximate. ThetimeofdeliveryisthedayonwhichthegoodsaredispatchedfromtheworksorthetemporarystoreIt begins from the time the supplier has all information and clearances from the purchaser, in case these are required, or are placed on the date of contract confirmation. The delivery time is considered to be in compliance if the merchandise left the factory, completely or partially, at the Buyer's disposal and are ready agreed time or, if shipment is not possible, the readiness for shipment. 2. ShipmentshallonlybeeffectedaccordingtoagreementbetweenSellerandBuyer.If,uponrequestbythe Buyer,shipmentismadebyanyothermodeoftransportationorbyexpressorspecialexpressservice,theBuyer shall bear the additional costs incurred as compared to ordinary freight. Additional costs can be collected on delivery. 3. The Seller's delivery shall be effected upon transfer of the goods dispatch has been notified to the freight carrier, or upon the date the goods are ready for shipment if so agreed. At this time, any risk shall pass to the Buyer, even if transport risk has been insured by the Seller. 4. All reusable yarn carriers as well as packaging materials are included in the sales price and can, upon agreement, be returned – freight prepaid – to the respective Seller's works.The Seller reserves the right to define therelevantforwardingagent.Anyreturnedemptiesfromothersuppliersshallbedisposedofattheexpense of the sender. 5. The Seller shall endeavour to meet the delivery date agreed uponpurchaser. In the case of delayed delivery, an appropriate time extension must be set. Partial deliveries must be accepted. 2.2 Changes made to the Buyer contract by the purchaser, which influence the time of delivery, can extend it appropriately. These changes shall grant a reasonable period of grace of at least six weeks. Any event of force majeure, shortage of raw materials, unforeseen difficulties and/or restrictions in operations, stoppage of operation, dispatch difficul- ties or any other unforeseen obstacles, making it impossible for not delay the Seller or its suppliers to manufacture or dispatch the goods in whole or in part, shall discharge the Seller from its delivery obligation for the period completion of the interruption and its effects and the Seller shall contract by more than three months. 2.3 Merchandise ordered on-call must be entitled at its own free discretion to either extend the delivery time accordingly or to withdraw from the non-performed part collected within 12 months after confirmation of the contract. The Seller shall, wheneverpracticable,informtheBuyeraboutsuchinterruptions,notifyingthepresumableduration.Should binding delivery amounts must be given in writing at least two months before the delivery time agreed upon date. 2.4 If the supplier is unable to fulfil his obligation due to the occurrence of unpredictable, extraordinary events which, despite the conditions of the individual cases are unavoidable – regardless of whether it occurred in the factory of the supplier or by his vendor – in particular official interferences, breakdowns, labour disputes and the consequences thereof, and delays in the delivery of substantial raw and auxiliary materials, the delivery date will be exceeded by more than eight weeksextended appropriately. If delivery or performance becomes impossible through the aforementioned events, both parties the supplier shall be entitled to with- draw from released of his obligations but the contract to the extent of goods not yet shipped. In this case, the Buyer purchaser shall not be entitled to claim subsequent delivery withdraw from the contract or damagedemand compensation. If the aforementioned obstacles occur for the purchaser, the same legal consequences apply for his obligation to accept delivery. The Seller contract partners shall notify each other immediately in writing of hindrances as mentioned above. 2.5 The right to correct and prompt self-supply is reserved. This is valid only if the failed delivery is not caused by us and a congruent hedging transaction has been finalised with our vendor. The supplier will immediately inform the purchaser of the unavailability of the materials to be liable for any damage delivered and, if he wishes to cancel the contract, the cancellation right should be immediately executed. In the case of cancellation, the supplier will immediately provide the purchaser with an appropriate reciprocation. 2.6 If, after the finalisation of a contract, the supplier determines that he cannot manufacture or process the ordered materials due to late delivery unless it is due technical reasons, he may rescind the contract. The supplier will immediately inform the purchaser of the technical difficulties and exercise his right to a deliberate or grossly negligent breach rescind the contract. In the case of contract cancellation, the supplier will immediately provide the purchaser with an appropriate refund. Claims for damages by the Seller or one purchaser, according to Point 11 of its assistants of performancethese delivery conditions, are barred, i.e. limited. 6. Unless otherwise agreed between the parties, the Buyer shall be obliged to provide at its own cost all necessary approvals, documents and other prerequisites required for import and payment of the goods.

Delivery. 1. Thetimeofdeliveryisthedayonwhichthegoodsaredispatchedfromtheworksorthetemporarystore, or are placed at the Buyer's disposal Delivery times and are ready for shipmentdates shall be considered only approximate unless they have been expressly designated binding by us in writing. 2. ShipmentshallonlybeeffectedaccordingtoagreementbetweenSellerandBuyer.If,uponrequestbythe Buyer,shipmentismadebyanyothermodeoftransportationorbyexpressorspecialexpressservice,theBuyer Delivery times shall bear begin on the additional costs incurred date of our order confirmation, however, not until all technical design and performance details have been clarified and shall be understood as compared to ordinary freight. Additional costs can be collected on deliveryof the shipment departure location. 3. The Seller's Events of force majeure shall entitle us to defer the delivery by the duration of the obstruction and a reasonable restart period. All circumstances that make delivery significantly more difficult or impossible for us, e.g. currency and trade policy related measures or other measures taken by a supreme body, as well as strikes, lock-outs, operational interruptions (e.g. fire, machine or roller break-down, insufficient supply of commodities or energy) as well as transportation route obstructions, shall be effected upon transfer considered equivalent to force majeure regardless of whether such circumstances occur due to acts we are not responsible for at our end, at the plant delivering the goods to the freight carrier, or upon the date the goods are ready for shipment if so agreed. At this time, any risk shall pass to the Buyer, even if transport risk has been insured by the Sellerat a (sub-) supplier's end. 4. All reusable yarn carriers as well as packaging materials are included in In the sales price and can, upon agreement, event that our delivery should be returned – freight prepaid – to the respective Seller's works.The Seller reserves the right to define therelevantforwardingagent.Anyreturnedemptiesfromothersuppliersshallbedisposedofattheexpense of the sender. 5. The Seller shall endeavour to meet the delivery date agreed upon. In case of delayed delivery, the Buyer shall grant a reasonable period of grace of at least six weeks. Any event of force majeure, shortage of raw materials, unforeseen difficulties and/or restrictions in operations, stoppage of operation, dispatch difficul- ties or any other unforeseen obstacles, making it impossible for the Seller or its suppliers to manufacture or dispatch the goods in whole or in part, shall discharge the Seller from its delivery obligation for the period of the interruption and its effects and the Seller shall be entitled at its own free discretion to either extend the delivery time accordingly or to withdraw from the non-performed part of the contract. The Seller shall, wheneverpracticable,informtheBuyeraboutsuchinterruptions,notifyingthepresumableduration.Should the delivery time agreed upon be exceeded by more than eight weeks, both parties shall be entitled to with- draw from the contract to the extent of goods not yet shipped. In this case, the Buyer shall not be entitled to claim subsequent delivery or damage. The Seller shall not be liable for any damage due to late delivery unless it is due to a deliberate or grossly negligent breach of contract by the Seller or one of its assistants of performance. 6. Unless otherwise agreed between the partieslate, the Buyer shall be obliged required to provide set a reasonable remedial deadline and to communicate same to us in writing. Once this remedial deadline has expired without producing results, the Buyer shall have the option to rescind from the Agreement as far as the quantities and deliverables are concerned that have not been dispatched or reported as ready for shipment by the time the remedial period has expired. The Buyer shall have the right to rescind from the entire Agreement only if the partial deliveries already made are not of interest to the Buyer. If the Buyer should incur damages as a result of a delay we have not caused intentionally or through an act of gross neglect, we shall reimburse the verifiable damages foreseeable at its own cost all necessary approvalsthe time the Agreement was made, documents and other prerequisites required for import and payment which shall, however, not exceed 70% of the goodsmerchandise value of the delivery or service that occurred with a delay or not at all. This shall be without prejudice to the Buyer's right to rescind from the Agreement upon fruitless expiration of a remedial deadline set for us to meet. 5. We shall have the right to perform partial deliveries within reason. Deliveries of higher or lesser volumes than those ordered shall be permitted as long as they are within standard industry practices and the prices are adjusted accordingly.

Delivery. 1. ThetimeofdeliveryisthedayonwhichthegoodsaredispatchedfromtheworksorthetemporarystoreThe time of delivery is the day on which the goods are dispatched from the works or the temporary store, or are placed at the Buyer's ’s disposal and are ready for shipment. 2. ShipmentshallonlybeeffectedaccordingtoagreementbetweenSellerandBuyer.Shipment shall only be effected according to agreement between Seller and Buyer. If,uponrequestbythe , upon request by the Buyer,shipmentismadebyanyothermodeoftransportationorbyexpressorspecialexpressservice,theBuyer , shipment is made by any other mode of transportation or by express or special express service, the Buyer shall bear the additional costs incurred as compared to ordinary freight. Additional costs can be collected on delivery. 3. The Seller's ’s delivery shall be effected upon transfer of the goods to the freight carrier, or upon the date the goods are ready for shipment if so agreed. At this time, any risk shall pass to the Buyer, even if transport risk has been insured by the Seller. 4. All reusable yarn carriers as well as packaging materials are included in the sales price and can, upon agreement, be returned – - freight prepaid – - to the respective Seller's ’s works.. The Seller reserves the right to define therelevantforwardingagent.Anyreturnedemptiesfromothersuppliersshallbedisposedofattheexpense the relevant forwarding agent. Any returned empties from other suppliers shall be disposed of at the expense of the sender. 5. The Seller shall endeavour to meet the delivery date agreed upon. In case of delayed delivery, the Buyer shall grant a reasonable period of grace of at least six weeks. Any event of force majeure, shortage of raw materials, unforeseen difficulties and/or restrictions in operations, stoppage of operation, dispatch difficul- ties difficulties or any other unforeseen obstacles, making it impossible for the Seller or its suppliers to manufacture or dispatch the goods in whole or in part, shall discharge the Seller from its delivery obligation for the period of the interruption and its effects and the Seller shall be entitled at its own free discretion to either extend the delivery time accordingly or to withdraw from the non-performed part of the contract. The Seller shall, wheneverpracticable,informtheBuyeraboutsuchinterruptions,notifyingthepresumableduration.whenever practicable, inform the Buyer about such interruptions, notifying the presumable duration. Should the delivery time agreed upon be exceeded by more than eight weeks, both parties shall be entitled to with- draw from the contract to the extent of goods not yet shipped. In this case, the Buyer shall not be entitled to claim subsequent delivery or damage. The Seller shall not be liable for any damage due to late delivery unless it is due to a deliberate or grossly negligent breach of contract by the Seller or one of its assistants of performanceperfor- mance. 6. Unless otherwise agreed between the parties, the Buyer shall be obliged to provide at its own cost all necessary approvals, documents and other prerequisites required for import and payment of the goods.