Common use of Delivery Clause in Contracts

Delivery. 1. Delivery times and dates are always non-binding and subject to the Seller having been correctly supplied on time, other than the Seller has to justify non- compliance. 2. If a stipulated delivery date is exceeded by more than 4 weeks, then the Buyer is entitled to assert its rights after having granted the Seller in writing a grace period of at least 7 calendar days. 3. Partial deliveries within a reasonable extent are permissible and have to be accepted. 4. Delivery and performance delays on account of force majeure, and events that significantly impede a delivery or make it impossible - this includes operational disruptions, strikes, lock-outs, natural occurrences, official directives, legal requirements, transport disruptions, also when they arise with the Seller´s suppliers - do not have to be justified by the Seller, even with binding delivery times and dates. Such circumstances entitle the Seller to postpone the delivery or performance by the duration of the hindrance, plus a commensurate start-up period. 5. The Seller must immediately notify the Buyer at the beginning and end of such a hindrance. At the request of the Seller the Buyer shall be obliged to declare, within a reasonable period, whether or not, on account of the delay, it wishes to withdraw from the contract and/or demand compensation or insist upon delivery. 6. At the request of the Buyer the Seller must immediately declare whether it wishes to withdraw from the contract or effect the delivery after expiry of the hindrance. If the Seller does not immediately give a corresponding declaration, then the Buyer can withdraw. Compensation claims are subject to VIII. of GTSD. 7. The Seller is only liable for delivery and performance delays if the Seller or its vicarious agents are at default, but not for the default of its subsidiary suppliers. Failure to observe the set grace period in conformity with Cipher 2 entitles the Buyer to withdraw from the contract or demand compensation. Compensation is limited to the recovery of the proven additional costs (replacement purchase). Further going compensation claims are herewith excluded other than they are not the result of serious default. The Seller is not liable for compensation on account of slight or normal negligence. In the event of gross negligence or intent, the Seller is only liable vis-à-vis merchants if the default is attributable to legal representatives, executive personnel of the Seller or other vicarious agents who have infringed principal or cardinal duties. In this case liability is limited to the extent of the damage that would have been foreseeable at the time the contract was concluded.

Delivery. 1. Delivery times and dates are always non-binding and subject to the Seller having been correctly supplied on time, other than the Seller has to justify non- non-compliance. 2. If a stipulated delivery date is exceeded by more than 4 weeks, then the Buyer is entitled to assert its rights after having granted the Seller in writing a grace period of at least 7 calendar days. 3. Partial deliveries within a reasonable extent are permissible and have to be accepted. 4. Delivery and performance delays on account of force majeure, and events that significantly impede a delivery or make it impossible - this includes operational disruptions, strikes, lock-outs, natural occurrences, official directives, legal requirements, transport disruptions, also when they arise with the Seller´s Seller’s suppliers - do not have to be justified by the Seller, even with binding delivery times and dates. Such circumstances entitle the Seller to postpone the delivery or performance by the duration of the hindrance, plus a commensurate start-up period. 5. The Seller must immediately notify the Buyer at the beginning and end of such a hindrance. At the request of the Seller the Buyer shall be obliged to declare, within a reasonable period, whether or not, on account of the delay, it wishes to withdraw from the contract and/or demand compensation or insist upon delivery. 6. At the request of the Buyer the Seller must immediately declare whether it wishes to withdraw from the contract or effect the delivery after expiry of the hindrance. If the Seller does not immediately give a corresponding declaration, then the Buyer can withdraw. Compensation claims are subject to VIII. of GTSD. 7. The Seller is only liable for delivery and performance delays if the Seller or its vicarious agents are at default, but not for the default of its subsidiary suppliers. Failure to observe the set grace period in conformity with Cipher 2 entitles the Buyer to withdraw from the contract or demand compensation. Compensation is limited to the recovery of the proven additional costs (replacement purchase). Further going compensation claims are herewith excluded other than they are not the result of serious default. The Seller is not liable for compensation on account of slight or normal negligence. In the event of gross negligence or intent, the Seller is only liable vis-à-vis merchants if the default is attributable to legal representatives, executive personnel of the Seller or other vicarious agents who have infringed principal or cardinal duties. In this case liability is limited to the extent of the damage that would have been foreseeable at the time the contract was concluded.