4. Lead times, default, damage caused by delay
4.1 Lead times refer to the time the goods are dispatched. The lead time periods will begin only after all technical issues have been clarified that required
clarification upon entering into a contract, after receipt of all documents to be supplied by the customer, such as drawings or permits, or after receipt of due
down-payments and release for production.
4.2 Acts of God, force majeure, and strikes, lock-outs, shut-downs, difficulties in supply or delayed or defaulted supply through sub-suppliers for which we are not responsible will extend the lead times by the period of such cause for delay. The same applies for additional or changes to the deliverables on the customer's request.
4.3 A prerequisite for a default in delivery on our part will in any case be a note by the customer fixing a reasonable final deadline.
4.4 With respect to the consequences of such a default, our liability shall be limited to any reasonably foreseeable damage at the time of entering into the |
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contract, however the amount must not exceed 10% of the goods' and deliverables' value. This limitation does not apply in case of wrongful intent, gross negligence
or in case of damage to life, limb or health. The customer must inform us immediately of any imminent consequences resulting from default in written form.
4.5 The provisions of this paragraph shall apply for the agreed mounting or installation periods accordingly. The mounting or installation periods will start only
after all and any preparatory works have been completed.
5. Prices, payment terms, security
5.1 Our prices are to be understood ex works plus statutory VAT and exclusive of packaging. If the period between entering into the contract and delivery exceeds 6
months, pursuant to Sec. 315 BGB (German Civil Code, in the following referred to as "BGB") we are entitled to a reasonable extra charge to cover our increase in costs
during this period. |