Delivery

4.0 Terms of delivery and delivery dates

4.1 We are entitled to effect partial deliveries or render partial services to the extent reasonable for the Customer.

4.2 Delivery and performance dates (“Delivery Dates”) are only binding, provided they were agreed upon with the Customer in writing.

4.3 The following additional regulations shall apply to Deliveries under a sales contract or a contract for work and materials:

4.3.1 Delivery is effected “ex works” (EXW), unless otherwise explicitly agreed upon. The goods to be delivered (“Delivery Item”) shall be shipped uninsured. At the request and expense of the customer, we shall insure the Delivery Item against the typical risks of transport.

4.3.2 Unless otherwise agreed upon in the Contract, the time at which we notify the Customer that the Delivery Item is ready for collection shall be decisive in determining if Delivery Dates were complied with, even if the Delivery Item cannot be collected in time through no fault of our own.

4.3.3 Meeting a Delivery Date is subject to the timely selfdelivery by our suppliers.

4.3.4 If the Customer defaults on acceptance, we will be entitled to store the Delivery Item at the risk and expense of the Customer at our own facilities or with a third party.

4.4 For Work Services, Delivery Dates are deemed complied with, if the services were rendered by the time the Customer accepts them.

4.5 Compliance with the Delivery Dates requires for all technical questions to be clarified, for all necessary permits and documents to be available, and for any of the Customer’s obligations to cooperate and incidental obligations to be fulfilled.

4.6 In case of any events of force majeure, strikes, malfunctions or other unforeseeable, unavoidable or extraordinary events outside of our sphere of influence, the agreed delivery dates will be extended for the duration of the corresponding event. If the duration of the event is more than three (3) months, we as well as the Customer will have the right to rescind the Contract.