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Scheduled periods of delivery shall commence with conclusion of contract (date of order confirmation). They shall not be binding on us, unless otherwise agreed upon in writing. If a period of delivery guaranteed by us is not complied with, the buyer may refuse acceptance of performance if the delivery is delayed more than 4 weeks beyond the scheduled date of delivery, and the buyer has sent a written reminder about the delivery upon expiry of the scheduled period of delivery. In cases of force majeure, with disruptions of transport, strikes, and other impediments to performance or obstacles to performance, including not only short-term difficulties in procurement of material, the period of grace specified in para. 1 shall be extended to 2 months. In such cases, we shall additionally be entitled to rescind the contract.The buyer may assert non-compliance with the period of delivery against us only if the buyer itself has properly fulfilled its obligations under the contract.Claims for damages can only be asserted in the event of gross negligence or intent; intent or gross negligence on the part of our vicarious agents shall be attributed to us. The claim for damages shall be limited to the amount of the order value, unless this is inappropriate.


Last Updated on Thursday, 02 July 2009 11:40