Common use of Default of acceptance Clause in Contracts

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. 15.1 14.1 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 14.2 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 14.3 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- 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.