§ 5 Delivery times
Compliance with an agreed delivery deadline is subject to the timely receipt of all documents to be provided by the customer, the necessary approvals and authorisations, compliance with the agreed terms of payment and other obligations. The delivery deadline shall be deemed to have been met if the goods have left our works by the end of that period or notification has been given that the goods are ready for dispatch
. If we are responsible for the delivery deadline being exceeded, the customer may withdraw from the contract
after setting us a reasonable grace period in writing and this having elapsed without action
has expired. Claims for damages by the customer are conditional upon the expiry of the grace period. They are limited to the value of the delayed delivery. Further claims for damages shall only be considered if we can be accused of wilful misconduct or gross negligence . In the event of force majeure and other unforeseeable, exceptional and circumstances beyond our control – e.g. in the case of difficulties in procuring materials, plant closures, strikes, lockouts, lack of transport, intervention by public authorities, energy supply difficulties, etc., even if these occur at upstream suppliers – the delivery period shall be extended by a reasonable period if we are thereby prevented from fulfilment of our obligation, the delivery period shall be extended by a reasonable period. If, as a result of the aforementioned circumstances, the delivery or service becomes impossible or unreasonable, we shall be released from our delivery obligation. Provided that the delay in delivery for which we are not at fault lasts longer than three months, the customer shall be entitled to withdraw from the contract. If the delivery period is extended or if we are released from our obligation to deliver, the customer may not derive any claims for damages from this. However, we shall only invoke the aforementioned circumstances if the customer has been notified without delay.
