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Article 3 Delivery

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a) Delivery terms are to be regarded as approximate unless a contract expressly specifies a fixed delivery deadline.

b) Acts of God and influences beyond our control - to include restrictions imposed by law, strikes and lockouts - entitle us to cancel a contract affected by such circumstances. Liability for damages resulting from non-fulfilment is excluded in such cases. This also applies in cases of delayed delivery by our suppliers through no fault of our own. We shall be obliged to inform the purchaser of such circumstances without delay. The purchaser shall then have the right to cancel the contract in question.

c) Should we fail to deliver within the specified period, the purchaser shall be entitled to specify a reasonable grace period for delivery and shall be entitled to cancel the contract in the event that delivery is not effected within this period. The purchaser shall be entitled to claim damages for non-performance upon expiration of the grace period only if the delay is attributable to deliberate intent or gross negligence on the part of our legal representative or a person / organization engaged to provide services on our behalf.

d) In the case of deliveries which do not affect our operations (drop shipments), compliance with delivery terms/deadlines is to be regarded as given if the goods leave the delivery facility in sufficient time to allow for prompt delivery to the receiver, taking into account customary transport times.