Delivery and delivery time
1. The beginning of the delivery time as agreed is conditional upon the clarification of all technical aspects. Any goods purchased based on a release order shall be released within 12 months, provided no different explicit arrangement is agreed. When such a period expires, we are entitled to deliver the goods disregarding any restriction, without having to wait for a release order.
The adherence to the agreed delivery time or to the rightfully determined delivery scheduling is conditional upon us being delivered any primary materials or purchased parts from our subcontractors in due time as ordered and as necessary for the accomplishment of the purchaser’s order (with the reservation of a self-delivery). In case we are not able to adhere to the delivery times as agreed or as rightfully determined as a result of a late delivery by our subcontractor, we shall not be considered in delay, provided the primary materials had been ordered in due time and we have undertaken reasonable efforts to ensure a delivery of primary materials in as due.
2. Both compensation claims by the purchaser based on a delayed delivery and any indemnity claims as a replacement of delivery exceeding the limits as set out in par. 1 are excluded in all cases of a delayed delivery, also after the expiry of any period for delivery imposed on us. This does not apply to the extent of legally imposed responsibility in case of intent or gross negligence or of injury to life, body or health; this constitutes no alteration of the burden of proof to the detriment of the purchaser.
The purchaser is entitled to rescind the contract within the framework of applicable legal provisions, insofar as the delay in delivery is imputable to us.
3. If the purchaser is in delay with acceptance or if the purchaser infringes on any other duty to cooperate, we are entitled to claim the damage incurred, including any additional expenditures. In such case, also the risk of accidental deterioration or of accidental degradation of the goods is transferred to the purchaser at the moment the purchaser is in delay with acceptance.
4. If no other arrangement is made, we are entitled to partial deliveries. The purchaser is not entitled to refuse partial deliveries, unless they are impracticable for the purchaser because of the nature of the purchaser’s contractual obligations or because of the properties of the goods or their intended use.