IV. Delivery Time, Time of Performance
1. Dates and deadlines specified in our order confirmations or otherwise agreed with the customer will be binding. Compliance with such dates and deadlines by us presupposes timely receipt of all documents to be supplied by the customer – including exact specifications – as well as compliance with the agreed conditions of payment and other obligations by the customer. If these conditions are not met in a timely manner, delivery or performance will be delayed accordingly. Partial shipments are permissible if the Customer can be reasonably expected to accept such shipments.
2. Delivery will be considered to have been made on a timely basis if the goods are ready for shipment or collected by the delivery date. If shipment is delayed for reasons attributable to the customer, delivery will be considered to have been made on a timely basis upon notification of completion or availability for shipment by the agreed delivery date.
3. If we are prevented from performing our obligations due to the occurrence of unforeseeable unusual circumstances affecting our operations or those of our suppliers that we could not avoid despite all due care in view of the given circumstances, for example, disruption of operation, governmental intervention, delays in the delivery of essential raw and building materials, delivery will be postponed by the duration of any such occurrence unless delivery or performance is rendered impossible. In the event delivery or performance should become impossible due to the circumstances mentioned above, we will be released from our obligation to make delivery.
4. Delivery will also be postponed in case of strike or lock-out affecting ourselves or our suppliers. In the event delivery or performance should become impossible, we will be released from our obligation to make delivery.
In the event the delivery or performance is not impossible, the Customer may, upon expiry of an adequate period of grace rescind the contract. Claims for damages are excluded.
If the operations of the customer should be affected by any of the above-mentioned circumstances, the same legal consequences will also apply in respect of the customer's obligation to accept delivery.
We may rely on the circumstances mentioned here only if we notify the customer accordingly without delay.