General Terms of Injection Machinery Sales & Delivery - Delivery Time, Delivery Period, Delay
7.1 Information on the delivery time is approximate and non-binding if no agreement is reached to the contrary in writing from the factory.
7.2 The delivery period begins at the earliest when the contract is agreed and the technical specifications of the order completely clarified, all formalities such as import and payment permits are completed, the payments as agreed, all securities paid and other Customer liabilities fulfilled.
7.3 The deadline for Delivery shall be deemed to have been met if the goods are ready for shipment ex works by the date of said deadline. Should the goods be inspected for acceptance in our works, then the date on which notification that the goods are ready for inspection is sent to the Customer shall be deemed to have met the deadline.
7.4 The aforesaid deadline shall be prolonged;
7.4.1 if data that we require in order to fulfil the order are not provided in due time or rare subsequently modified or altered by the Customer.
7.4.2 if impediments arise that are beyond our control, irrespective of whether they originate within our sphere of operations, that of the Customer or a third party. For example: epidemics, mobilization, war, rebellion; severe disruptio of business operations, accidents, labour disputes; belated or faulty delivery of necessary raw materials, semi administrative measures, and natural phenomena.
7.4.3 if the Customer is in areas with work to be done by him or with the fulfilment of his contractual obligations - in particular, if he fails to comply with the terms of payment.
7.5 Should any of the circumstances enumerated in Sect. 7.4 prevail, then the deadline for delivery shall be prolonged by the span of time during which said circumstance prevails. If the impediment in the sense of section 7.4.2 continues for a period of more than 12 months then both contractual parties, in the event of an impediment withdraw from the contract in writing. Section 12.2 is valid accordingly for rescission of the services.
7.6 If a circumstance occurs in the sense of section 7.4 from the Customer's domain then the conditions in section 13 are valid corresponding. Interest payment will not be paid on any account on payments by the Customer that have already been received. The condition in section 12.2 is valid correspondingly.
7.7 If shipping or delivery is delayed for more than one month after notification of readiness for shipping at the request of the Customer than we can charge a storage fee of 0.5% of the price of the goods in the delvery of eah further month or part thereof to a maximum of 5% in total. We are still free to prove higher storage costs.
7.8 We are entitled to carry out partial or early deliveries where nothing to the contrary is agreed in writing.