Common use of Delivery and Service Clause in Contracts

Delivery and Service. deadlines 1. The delivery and service deadlines depend on the respective goods and services that QBF provides to its customers. More detailed information can be found in the respective contracts. 2. Delivery and service deadlines become binding only when QBF has submitted or confirmed them in writing. 3. If nothing else has been agreed upon, deliveries are made to the customer at the provided delivery address. 4. Deliveries of goods are made at the risk of the customer. 5. Delivery and service deadlines are met if the goods have been delivered before the deadline determined in writing, if the services have been performed or in the case of a remote transfer even when QBF has sent out an availability notice per e-mail in the case that the product has not yet reached the customer system. They are also considered to be met if minor touch-ups and/or customization work is necessary, as long as the usability and operational readiness of the goods or services are not impaired. 6. In the case of impediments the delivery dates are extended as follows: If QBF has to wait for participation of or information from the customer or if QBF is impeded in its services by strikes or lock-outs in third-party companies or its own company (in this case only if the labour struggle is legal), official intervention, legal prohibitions, or other circumstances that are not its fault ("force majeure") then delivery and service deadlines shall be considered extended by the duration of the impediment and an appropriate run-up period after the end of the impediment ("down time") and no violation of duties occurs for the period of the down time. QBF shall immediately inform its customers of such impediments and their probable duration. 7. If the force majeure lasts more than 90 days without interruption, either party shall be entitled to withdraw from the contract by unilateral, written statement without the provision of reasons and is set free of its respective service responsibilities.