Common use of Delivery Time Clause in Contracts

Delivery Time. 3.1 Delivery dates and delivery periods are only approximate unless we have expressly designated them as binding in writing. 3.2 Delivery periods begin with the receipt of our order confirmation. The beginning of the delivery time stated by us presupposes the clarification of all technical questions. Compliance with our delivery obligation presupposes the timely and proper fulfilment of the customer's obligation. We reserve the right to plead non-performance of the contract. Deviations of up to 10% from the ordered quantity are permitted in the production of the goods and/or unusual varieties. 3.3 In the event of a delay in delivery and a promised date, the customer must set a reasonable period of grace in writing. After expiry of this period he has the right to withdraw from the contract. Further claims, in particular claims for damages due to delay or non-fulfilment are excluded. 3.4 In the case of justified written notifications of defects made within 8 days at the latest, we shall supply a replacement free of charge, but expressly reject any other claims of any kind. Should the goods delivered by us give rise to a complaint, a post-processing with costs for us is not possible without our consent. 3.5 Orders ordered on call which are not precisely scheduled must be processed no later than 6 months after placing the order. At the latest at this time, but not before invoicing, our purchase price claim shall also become due. 3.6 Events of force majeure entitle us, even if they occur at our suppliers or their sub- suppliers, to postpone the delivery or service for the duration of the hindrance and an appropriate start-up period or to withdraw from the contract in whole or in part because of the part not yet fulfilled. Strikes, lock-outs, mobilisations, war, blockades, export and import bans, traffic disruptions, operational disruptions, conflagration and other accidents or circumstances which cannot be influenced by us and which make delivery unreasonably difficult or impossible for us. The customer can demand a declaration from us whether we withdraw from the order or deliver within a reasonable period of time. Claims for damages are also excluded in these cases.

Delivery Time. 3.1 Delivery dates The delivery periods specified are not binding but will, however, be met under normal business conditions, if possible. The delivery period only commences on the day our order confirmation is issued in writing, but not before all the details regarding the execution of the order have been clarified by the ordering party. If the contract is based on working drawings, the former only comes into force when the drawings, checked and approved by the ordering party, have been returned to us. The delivery deadlines and delivery periods dates refer to the point in time when the goods are only approximate unless we have expressly designated them dispatched from the factory. They shall be deemed as binding met based on the date the notification of readiness for dispatch is issued, if the goods cannot be sent in writing. 3.2 Delivery periods begin with the receipt time for reasons that are no fault of our order confirmationown. The beginning agreed delivery time shall be extended – without prejudice to our rights arising from any default by the ordering party – by a period of time equivalent to that the ordering party is in arrears with his obligations pursuant to this or any other agreement with us. Besides a potential default in payment, this also affects a default resulting from a delay in the full or partial provision of materials by the ordering party. The contractor shall not be held liable for the impossibility of the delivery or for delays in delivery, if these are caused by force majeure or other events not foreseeable at the time stated the contract was concluded (e.g. operational disruptions of any kind, difficulties in procuring material or energy, transport delays, strikes, lawful lockouts, lack of labour, energy or raw materials, difficulties in procuring the necessary official permits, official measures, or the outstanding, incorrect or delayed delivery by us presupposes the clarification of all technical questionssupplier) that the contractor is not responsible for. Compliance with our If such events make it significantly more difficult or make it impossible for the contractor to perform delivery obligation presupposes the timely and proper fulfilment of the customer's obligation. We reserve the right to plead non-performance of the contract. Deviations of up to 10% from the ordered quantity are permitted in the production of the goods and/or unusual varieties. 3.3 In or services and the event of a delay impediment is not just temporary in delivery and a promised datenature, the customer must set a reasonable period of grace in writing. After expiry of this period he has the right contractor is entitled to withdraw from the contract. Further claimsWhere the impediment is only temporary, in particular claims for damages due to delay or non-fulfilment are excluded. 3.4 In the case of justified written notifications of defects made within 8 days at the latest, we shall supply a replacement free of charge, but expressly reject any other claims of any kind. Should the goods delivered by us give rise to a complaint, a post-processing with costs for us is not possible without our consent. 3.5 Orders ordered on call which are not precisely scheduled must be processed no later than 6 months after placing the order. At the latest at this time, but not before invoicing, our purchase price claim shall also become due. 3.6 Events of force majeure entitle us, even if they occur at our suppliers or their sub- suppliers, to postpone the delivery dates and periods are extended or service for the duration delivery dates and periods are postponed by the period of time the impediment exists plus a reasonable restart period. If as a result of the hindrance and an appropriate start-up period delay, one cannot reasonably expect of the ordering party that he accept the delivery of goods or services, he is entitled to withdraw from the contract by submitting an immediate declaration to the seller in whole or in part because writing. If the contractor defaults on a binding delivery, the liability is limited according to Clause 10 of the part not yet fulfilled. Strikes, lock-outs, mobilisations, war, blockades, export these General Terms and import bans, traffic disruptions, operational disruptions, conflagration Conditions of Delivery and other accidents or circumstances which cannot be influenced by us and which make delivery unreasonably difficult or impossible for us. The customer can demand a declaration from us whether we withdraw from the order or deliver within a reasonable period of time. Claims for damages are also excluded in these casesPayment.

Delivery Time. 3.1 Delivery dates and delivery periods are only approximate unless we have expressly designated them as binding in writing. 3.2 Delivery periods begin with the receipt of our order confirmation. a) The beginning of ordered goods must be delivered within the delivery time stated by us presupposes period at the clarification of all technical questionsreception place as prescribed. Compliance with our delivery obligation presupposes the timely and proper fulfilment of the customer's obligation. We reserve the right to plead non-performance of the contract. Deviations of up to 10% from the ordered quantity are permitted in the production of the goods and/or unusual varieties. 3.3 In the event of a delay in delivery and a promised date, the customer must set a reasonable period of grace in writing. After expiry of this period he has the right to withdraw from the contract. Further claims, in particular claims for damages due to delay or non-fulfilment are excluded. 3.4 In the case of justified delivery, which may be executed out of the normal business periods require our written notifications and explicit authorization. The supplier is solely responsible for any damages like the risk of defects made within 8 days at accidental perdition or accidental deterioration in the latestperiod until the beginning of the next delivery period. He must inform in writing the forwarding agent about the delivery periods, we shall supply a replacement free no matter whose assumption of chargeliability it is, but expressly reject to ensure the entitlement to damages from the forwarder as well as from the acceptor. These terms must be agreed as fixed terms with 15:00 as latest time from Monday to Thursday and 12:00 on Fridays. In the case of doubt the commissioned forwarding agent is obliged to wait until the good is accepted, if he arrived out of the periods mentioned under section b), without expecting any demurrage. ▇▇▇▇ ▇▇▇▇▇▇ AG will not be charged with any other claims agreements between the supplier and the forwarding agent, even if ▇▇▇▇ ▇▇▇▇▇▇ AG carries the assumption of any kindliability. b) The delivery periods are: Monday – Thursday: 7.15 – 11.45/13.00 – 15.00. Should the goods delivered by us give rise to a complaint, a post-processing with costs for us Friday: 7.15 – 12.00. An earlier delivery may only be permitted through our previous written authorization. c) If it is not possible without to meet the agreed delivery time, no matter for which reason, we must be informed by mail or fax at the latest three working-days before the term and no delivery delay will affect our consentrights. We are entitled to demand compensation for any delay caused by a non-accidental delayed information. 3.5 Orders ordered on call which are not precisely scheduled must d) Whenever a faster shipment may be processed no later than 6 months necessary to meet the delivery period, the supplier will be solely charged with the additional costs. If the supplier is in delay with delivery, then we can demand compensation after placing the order. At the latest at this time, but not before invoicing, our purchase price claim shall also become duean extension of time of 5 days under threat of declination. 3.6 Events e) This is also valid in the case of force majeure entitle usa partial delivery of the supplier, even if they occur at our suppliers accepted a partial delivery, which had not been agreed. In the case of a partial delivery we can decide whether we extend the described rights upon the remaining part of the contract or their sub- suppliers, to postpone upon the whole contract. f) In the case the supplier informed us with the corresponding notes that the delivery period will exceed 5 days, we are entitled to use the right of withdrawal or service for the duration of other rights if the hindrance and an appropriate start-up period or to withdraw from guilty party is behind with the contract in whole or in part because of delivery, even before the part not yet fulfilled. Strikes, lock-outs, mobilisations, war, blockades, export and import bans, traffic disruptions, operational disruptions, conflagration and other accidents or circumstances which cannot be influenced by us and which make delivery unreasonably difficult or impossible for us. The customer can demand a declaration from us whether we withdraw from the order or deliver within a reasonable period of time. Claims for damages are also excluded in these casesdelay.

Delivery Time. 3.1 Delivery dates and The delivery periods are only approximate unless we have expressly designated them time shall be as binding in writing. 3.2 Delivery periods begin with contractually agreed between the receipt of our order confirmationparties. The beginning of the timely delivery time stated by us presupposes ISAR shall be contingent upon the clarification of all commercial and technical questions. Compliance with our delivery obligation presupposes issues between the timely parties and proper the Purchaser’s fulfilment of all its obligations such as the customer's obligationsubmission of any required official certificates or licences or the making of a down payment. We reserve Otherwise, the right delivery time shall be extended for an appropriate period, unless ISAR is responsible for the delay. Timely delivery by ▇▇▇▇ shall also be contingent upon ▇▇▇▇’s correct and timely receipt of own supplies. Should ISAR become aware of possible delays in delivery by its own suppliers, ISAR shall inform the Purchaser thereof as soon as possible. Delivery shall be deemed to plead non-performance have been made within the agreed period if by the date on which the delivery time expires, the ordered goods have left ISAR’s plant or ISAR has informed the Purchaser that the ordered goods are ready for shipping. If the shipping of the contract. Deviations of up ordered goods is delayed for reasons for which the Purchaser is responsible, any costs resulting from such delay will be charged to 10% from the ordered quantity are permitted in Purchaser beginning 14 days after the production of notice that the goods and/or unusual varieties. 3.3 In the event of are ready for shipping. If a delay in delivery and a promised dateis due to acts of God, labour disputes or other events or circumstances beyond IASR’s control, the customer must set a reasonable period delivery time shall be extended by an appropriate period. ▇▇▇▇ shall inform the Purchaser as soon as possible of grace in writing. After expiry of this period he has the right to withdraw from beginning and the contract. Further claims, in particular claims for damages due to delay or non-fulfilment are excluded. 3.4 In the case of justified written notifications of defects made within 8 days at the latest, we shall supply a replacement free of charge, but expressly reject any other claims end of any kindsuch event or circumstance. Should The Purchaser may terminate the goods delivered by us give rise contract with immediate effect if prior to a complaint, a post-processing with costs for us is not possible without our consent. 3.5 Orders ordered on call which are not precisely scheduled must be processed no later than 6 months after placing the order. At the latest at this time, but not before invoicing, our purchase price claim shall also become due. 3.6 Events of force majeure entitle us, even if they occur at our suppliers or their sub- suppliers, to postpone the delivery or service for the duration passing of the hindrance and an appropriate start-up period or risk, it becomes finally impossible for ISAR to withdraw from effect full performance. The Purchaser may also terminate the contract if it becomes impossible to fulfil part of a purchase order and the Purchaser has a justified interest in whole or in part because of the part not yet fulfilledrefusing partial delivery. Strikes, lock-outs, mobilisations, war, blockades, export and import bans, traffic disruptions, operational disruptions, conflagration and other accidents or circumstances which If this justified interest cannot be influenced by us and which make delivery unreasonably difficult or impossible for usdemonstrated, the Purchaser shall pay that part of the contractually agreed price that is attributable to the partial delivery. The customer can demand same shall apply in case of ISAR’s inability to perform. In all other respects, the stipulations of § 9 shall be applicable. If the impossibility of performance or the inability to perform occurs during a declaration from us whether we delay in acceptance or if the Purchaser is solely or predominantly responsible for these circumstances, the Purchaser’s obligation to make counter-performance shall continue to be in full force and effect. If this impossibility of performance is permanent or presumably permanent, ISAR is allowed to withdraw from the order or deliver within a reasonable period of time. Claims for damages are also excluded in these casescontract.

Delivery Time. 3.1 4.1 The order confirmation shall be the governing document in relation to the nature and scope of the delivery. Delivery dates and shall be stated to the best of our knowledge. Delivery dates indicated by us are non-binding, unless they were explicitly confirmed by us in text form as “binding delivery periods date” or similar or were bindingly agreed. Amendments of agreed amounts or dates are only approximate unless valid when confirmed by us in text form. In case we have expressly designated them as binding in writing. 3.2 Delivery periods begin with do not confirm an amendment, this means that it is rejected, even if we do not explicitly object. This does also apply to amended EDI call- offs. The delivery deadline shall commence upon issue of the order confirmation, but not before the party placing the order has provided the documents, permits, and authorisations to be procured by the party placing the order, or prior to receipt of our order confirmation. The beginning of the delivery time stated by us presupposes the clarification of all technical questionsany agreed down payment. Compliance with the delivery date or delivery period will be based on our delivery obligation presupposes the timely and proper fulfilment notification of the customer's obligation. We reserve the right to plead non-performance of the contract. Deviations of up to 10% from the ordered quantity are permitted in the production of the goods and/or unusual varietiesreadiness for dispatch or collection. 3.3 4.2 Should we not receive delivery or not receive delivery in good time from our own supplier despite conclusion of a matching hedging transaction, then we are not liable for delays caused by such circumstances. In addition we may rescind the agreement with the Purchaser if we would not be able to perform the agreement in good time due to the delayed delivery by our supplier or would be able to do so only subject to significant difficulties. This shall also apply to individual items from a single order, unless the Purchaser proves that is has no interest in a partial delivery. 4.3 In the event of a delay strikes, lockouts and other cases of force majeure (also in delivery relation to our sub-suppliers and a promised datesubcontractors), the customer must set a reasonable period of grace in writingdelivery time shall be extended accordingly. After expiry of this period he has the right to withdraw from the contract. Further claims, in particular claims for damages due to delay or non-fulfilment are excluded. 3.4 In the case of justified written notifications of defects made within 8 days at the latest, we shall supply a replacement free of charge, but expressly reject any other claims of any kindPartial deliveries may be made. Should the delivery no longer be required by the Purchaser due to the delay, it may rescind the agreement. In this event, the Purchaser shall have no compensatory damages claims. In the event of default, the Purchaser may rescind the agreement after expiry of a reasonable grace period, provided that prior to expiry of such grace period no notice has been given that the goods delivered by us give rise to a complaint, a post-processing with costs are ready for us is not possible without our consent. 3.5 Orders ordered on call which are not precisely scheduled must be processed no later than 6 months after placing the ordershipment. At the latest at this time, but not before invoicing, our purchase price claim The grace period shall also become due. 3.6 Events of force majeure entitle us, even if they occur at our suppliers or their sub- suppliers, to postpone the delivery or service for the duration commence only upon receipt of the hindrance and an appropriate start-up period or to withdraw from the contract Purchaser’s notice in whole or in part because of the part not yet fulfilled. Strikes, lock-outs, mobilisations, war, blockades, export and import bans, traffic disruptions, operational disruptions, conflagration and other accidents or circumstances which cannot be influenced by us and which make delivery unreasonably difficult or impossible for us. The customer can demand a declaration from us whether we withdraw from the order or deliver within a reasonable period of time. Claims for damages are also excluded in these casestext form setting such grace period.

Delivery Time. 3.1 Delivery dates and The delivery periods are period according to the order confirma- tion or the contract shall apply. This period is only approximate unless we have expressly designated them binding if it has been guaranteed in writing as "bind- ing" by Tibram Ltd.. The binding in writing. 3.2 Delivery periods begin with the receipt of our order confirmation. The beginning of the delivery time stated guaranteed by us presupposes Tibram Ltd. will be met to the clarification best of all technical questionsits ability. Compliance with our delivery obligation presupposes the timely and proper deadline is dependent on the fulfilment of the customer's obligation. We reserve contract, in particular on the right to plead non-performance fulfilment of the contractcus- tomer's duty to cooperate. Deviations In particular, the deadline is extended if the customer does not fulfil his duties of up cooperation or does not do so on time or if he makes changes in the scope of supply or service or in case of force majeure or fortuitous events which Tibram Ltd. cannot avoid despite all due diligence, regardless of whether these occur in its sphere of influence, in that of the customer or of a third party. With the exception of the following rights and sub- ject to 10% unlawful intent or gross negligence on the part of Tibram Ltd., the customer waives all rights and claims due to delays in delivery or delays in the execution of the services. The customer is in principle not entitled to withdraw from the ordered quantity are permitted in the production of the goods and/or unusual varieties. 3.3 In the event of contract due to a delay in delivery. Howev- er, if the delay is longer than 10 days and arguably due to Tibram Ltd.'s fault, the customer will be enti- tled to claim compensation to the extent of the dam- age actually incurred, up to a maximum of 5% of the price of the delayed delivery and or the delayed perfor- ▇▇▇▇▇ of the service. However, if the damage that actually occurred as a promised dateresult of the delay exceeds the maximum compensation, the customer must set a reasonable additional period of grace time in writing. After expiry of writing to Tibram Ltd.. If this period he has the right to withdraw from the contract. Further claims, in particular claims for damages due to delay or non-fulfilment are excluded. 3.4 In the case of justified written notifications of defects made within 8 days at the latest, we shall supply a replacement free of charge, but expressly reject any other claims of any kind. Should the goods delivered by us give rise to a complaint, a post-processing with costs for us deadline is not possible without our consent. 3.5 Orders ordered on call which are not precisely scheduled must be processed no later than 6 months after placing respected by Tibram Ltd. in a faulty manner, the order. At customer is entitled to refuse receipt of the latest at this time, but not before invoicing, our purchase price claim shall also become due. 3.6 Events delayed part of force majeure entitle us, even if they occur at our suppliers or their sub- suppliers, to postpone the delivery or the service for the duration not yet provided. If a partial receipt cannot reasonably be demanded of the hindrance and an appropriate start-up period or customer for economic reasons, he is entitled, against return of deliveries already made, to withdraw from termi- nate the contract in whole or in part because and request reimbursement of the part not yet fulfilled. Strikespayments already made, lock-outs, mobilisations, war, blockades, export and import bans, traffic disruptions, operational disruptions, conflagration and other accidents or circumstances which cannot as long as it is to be influenced by us and which make delivery unreasonably difficult or impossible for us. The customer can demand as- sumed that a declaration from us whether we withdraw from the order or deliver within a reasonable period return of time. Claims for damages are also excluded in these casescontractual services is at all possible.