Delivery deadlines, default
1. Compliance with delivery deadlines shall require that all documentation to be supplied by Purchaser, all approvals and releases, in particular of plans, are received in due time and that Purchaser complies with the agreed terms of payments and his other obligations. If these conditions are not fulfilled in due time, the deadlines shall be extended accordingly for an adequate period of time. This shall not apply if Supplier is responsible for the delay.
2. If noncompliance with the deadlines is due to
a) Force Majeure, e.g. mobilization, war, acts of terror, riot or similar events (e.g. strike, lockout),
b) virus or other kind of attacks by a third party to Supplier's IT system, as far as they occur despite Supplier's due diligence with respect to protective measures,
c) obstacles due to German, US American or any other applicable national, EU or international provisions of Foreign Trade Law or due to any other circumstances for which Supplier is not responsible, or
d) the fact that deliveries to Supplier have not been made in time or not in the agreed form,
the deadlines shall be extended accordingly.
3. If Supplier is in default with deliveries, Purchaser - provided that there is sufficient evidence that he has suffered a damage therefrom - may request for each full week of delay damages of 0.5 %, but not more than 5 % in total, of the price for the part of the delivery which could not be used according to plan as a result of the delay.
4. Claims for damages on the part of Purchaser due to delayed delivery as well as claims for damages in lieu of performance which exceed the limits specified in No. 3 above shall be excluded in all cases of delayed delivery, even after expiry of any additional period granted to Supplier for delivery. This shall not apply in cases of liability for deliberate action, gross negligence or for injury to life, limb or health. Purchaser shall be entitled to withdraw from the contract within the framework of legal provisions only if Supplier is responsible for the delay of delivery. The preceding provision shall not imply any modification of the burden of proof to the disadvantage of Purchaser.
5. At Supplier's request, Purchaser shall be obliged to declare, within an appropriate period of time, whether he withdraws from the contract due to the delay in delivery or whether he insists on delivery of the goods.
6. If the contract is a time bargain in the sense of Section 376 of the German Commercial Code (HGB), Purchaser shall grant an additional period for subsequent performance in case of a delivery delay. Only after Supplier has also failed to deliver within this additional period shall Purchaser be entitled to withdraw from the contract in writing, any further rights being excluded.