Default of acceptance Clause Samples

Default of acceptance. 11.1. If the customer is in default of acceptance (refusal of acceptance, delay in advance services, no request within an appropriate period in the case of orders for goods to be delivered on call) for more than two weeks and the customer, despite the setting of an appropriate grace period, has not remedied the circumstances attributable to it which are delaying or impeding performance of the service, we may – while the agreement remains in effect – otherwise dispose of the equipment and materials set aside for performance of the service provided that in case of continuation of the performance of the services we procure such materials again within an appropriate period depending on the particular circumstances. 11.2. In case of default of acceptance by the customer, we are likewise entitled at our option – while insisting upon the performance of the contract – to ship the goods to the customer or to store the goods for the customer at its expense and risk. In the case of storage, we are entitled either to store the goods ourselves and charge a standard fee for storage or have the goods stored in the customer's name and for its account by third parties. 11.3. If however the customer is in default of acceptance, we also have the right to withdraw immediately from the contract after an appropriate grace period expires without result and to resell the equipment and materials set aside for performance of the service after successfully having withdrawn from the contract or otherwise dispose of them. 11.4. The assertion of our other rights and claims remains unaffected.

Default of acceptance. 7.1 In the event that the Customer fails to accept the object of contract on the agreed delivery date due to circumstances that are attributable to it, or if it fails to pick up such object even after having been notified that it has been completed and is now due for ac- ceptance, ▇▇▇▇▇▇▇ is entitled to demand to be compensated for any resulting added expenditures. 7.2 In the event that the Customer delays delivery or performance, ▇▇▇▇▇▇▇ may charge storage costs at a rate of 0.5 % for each (partial) month, up to 5 % of the price of delivery or performance. Both parties are free to furnish proof of greater or lower storage costs. In cases of default in acceptance, ▇▇▇▇▇▇▇ is authorized to determine a suitable place of storage and insure the objects of deliv- ery or performance at the Customer’s expense and risk. 7.3 If ▇▇▇▇▇▇▇ is entitled to demand damages in lieu of perfor- ▇▇▇▇▇, it may, without prejudice to its option to assert a claim for actual damages in a greater amount, demand payment of 15 % of the price as compensation, unless the Customer furnishes evidence of no or lesser damages.

Default of acceptance. If you are in default of acceptance of the ordered goods, we shall be entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non- performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.

Default of acceptance. 15.1 If the Buyer does not accept individual deliveries or partial deliveries duly offered to him/her or if he/she fails to cooperate, the Seller may set the Buyer a reasonable deadline for acceptance. In this context, Seller shall be entitled to provide partial performance to a reasonable extent. 15.2 The Buyer shall bear all costs associated with the refusal of acceptance, in particular storage costs. If the Buyer has not accepted within the time limit, the Seller shall be entitled to withdraw from the contract and to claim damages for non- performance. 15.3 In this case, the Seller shall be entitled to a lump-sum claim for damages against the Buyer in the amount of 10% of the non- accepted delivery. The Seller shall be entitled to prove that it has incurred higher damages; the lump sum shall be offset against further monetary claims. The Buyer shall be entitled to prove that the Seller has not incurred any damage at all or that the damage is significantly less than the aforementioned lump sum.

Default of acceptance. If you are in default of acceptance of the ordered goods, we are entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for default or for non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration. From the 15th day of default in acceptance, we shall charge storage costs in the amount of 15 euros net per month per commenced square metre of storage space, which we shall invoice separately. Each month that has elapsed shall be charged in full.

Default of acceptance. 9.1 In the event of a delay in acceptance by the customer, 9.2 For the duration of the delay in acceptance, the customer shall pay JET 1% of the purchase price per month, no more than €30 per month, as storage costs. 2The customer reserves the right to prove that JET has incurred no or less damage than the aforemen- tioned storage costs. 3JET's claim for compensation for damages exceeding the aforementioned costs remains unaffected. 9.3 If the customer refuses to accept the goods after expiry of a grace period set for the customer or the customer declares before- hand that the customer does not want to accept said goods, ▇▇▇ may refuse to perform and claim damages for the customer’s non- performance. As compensation, JET can either claim a lump sum of 25% of the agreed price or com- pensation for the actual damage incurred. § 9.2 Sentence 2 of these GTC applies accordingly.

Default of acceptance. In case the customer with the acceptance of the ordered goods is in arrears, Dwinguler Europe is entitled, after setting a reasonable grace period, to rescind the contract and claim damages for default or breach of the contract. During the delay the customer bears the risk of accidental loss or accidental deterioration. This does not apply in the event of non-acceptance of the goods and the return associated under these Terms shall be classified as a cancellation.

Default of acceptance. The accidental loss of the item (or aircraft) shall be borne by the Customer.

Default of acceptance. 13.1. If the customer is in default of acceptance (refusal to accept, default in prepayments, or other reasons) for more than twelve hours, and despite a reasonable grace period, fails to remedy the circumstances attributable to them that delay or prevent the provision of services, we may dispose of the specified equipment and materials for service exe- cution elsewhere under the existing contract, provided that we can procure them within a reasonable period according to the respective circumstances. 13.2. This does not affect our right to invoice for services rendered and to withdraw from the contract after a rea- sonable grace period. 13.3. In the event of a justified withdrawal from the con- tract, we may demand lump-sum damages in the amount of 20% of the contract value plus VAT from the business customer, without the need to prove actual damages. The obligation to pay damages is independent of fault. 13.4. The assertion of higher damages is permissible. This right exists for consumers only if negotiated on a case-by- case basis.