(1) Delivers are made ex works. The preconditions for delivery are that the customer has performed its obligations in a timely and proper manner. We reserve the objection of non-performance of the contract.
(2) The deadlines and timetables envisaged by us for deliveries and performance are always estimates only unless a binding deadline or a binding appointment or a binding delivery time frame has been expressly promised or agreed. Inasmuch as shipment has been agreed upon, delivery deadlines, appointment or time frames apply vis-a-vis the point of handover to the forwarder, carrier or third party otherwise engaged for transport.
(3) We may – without prejudice to other rights – request from the customer an extension of delivery or performance deadlines or a change in delivery or performance appointments by the time period in which the customer is failing to perform its contractual obligations to us.
(4) If the customer is in default of acceptance or if it otherwise is at fault for violating its duties of cooperation, we are entitled to compensation of the damages resulting therefrom, including any additional expenses. We reserve the right to make further claims. The risk of accidental loss or of accidental deterioration of the goods shall, in this case, transfer to the customer contemporaneously with the time of default of acceptance or of the violation of its duties of cooperation.
(5) We are entitled to make partial delivery if
- the partial delivery is useful to the customer in the context of the contractually defined purpose,
- the delivery of the remaining, agreed upon goods is secure and
- the customer does not suffer significant additional effort or additional costs due to this, unless we declare that we shall assume such costs.
(6) If we are in arrears or if a performance of a delivery becomes impossible, irrespective of the reason, then our liability for damages is limited pursuant to Sec. 10 of these delivery terms and conditions.