Place of performance for delivery and payment shall be our registered office, even if handover takes place in another location as agreed. In such case, the customer shall approve shipping by rail, mail, road transport or any other advisable mode of transport, and shall bear the cost of the delivery (transport, intermediate storage, loading and unloading).
Benefit and risks shall pass to the customer upon shipment of the goods from our warehouse at the latest, in the case of delivery ex works from the appropriate location, notwithstanding the pricing agreed for the delivery, such as “carriage free”, etc. (applicable to consumer transactions only if a separate transport agreement is concluded). Possible claims for damages shall be unaffected.
Unless agreed otherwise, the delivery time shall be 30 days after conclusion of the contract. In case of goods which are not stored in our warehouse, the delivery time shall be 30 days at the most from receipt of the goods from the upstream supplier (not applicable to consumer transactions).
4.4 Force Majeure
Force majeure is an event which is beyond the control of the parties to the contract and could not have been foreseen and which either prevents, significantly hampers or makes uneconomic the performance of the contract or the mutually presupposed use of the subject matter of the contract, such as in particular strike, war, civil war, riot, terrorism, cybercrime, natural disasters or natural events such as e.g. low or high water, ice, storm, lack of energy, transport and customs clearance delays, official decrees, as well as all measures, effects or events in connection with epidemics, epidemics or pandemics (in particular COVID-19) or other comparable cases.
In the event of force majeure, we are entitled to extend the performance period by the duration of the force majeure and an additional reasonable grace period. Furthermore, we are entitled to withdraw from the contract with immediate effect for the duration of the force majeure, irrespective of the extension of the deadline.
For his part, the customer is entitled to withdraw from the contract with immediate effect if the service has not been provided within 4 weeks at the latest from the expiry of the originally agreed service period (only applicable to consumer transactions).
The customer may not assert any rights against us from or in connection with this withdrawal from the contract or the extension of the performance period; in particular, claims for damages from any legal title whatsoever are excluded to the extent permitted by law.
The customer waives the assertion of a possible loss of the basis of the business and related claims (not applicable to consumer transactions).
The aforementioned provisions shall also apply in the event that a force majeure event occurs at our manufacturers, suppliers or vicarious agents.
In case of delayed shipment from the factory or from our warehouse which is due to circumstances for which the customer is responsible, the risk shall pass to the customer on the day when the goods are ready for shipping. If delivery on call has been agreed, the goods shall be considered called off three months from the order date at the latest. We will inform the customer in due time on the expiry of the period and on the significance of his behaviour. If we are unable to perform due to the lack of corresponding merchandise planning of the customer, the effects of the default of acceptance shall occur upon this date.
If the customer fails to collect the goods contrary to the contract, we are entitled to charge the customer a penalty of 1.5% of the net invoice amount per started week from the date of default of acceptance (not applicable to consumer transactions). This does not exclude any further claims for damages.
We are entitled to perform and issue invoices for partial or advance deliveries.
Complaints based on alleged non-delivery or incomplete delivery shall be raised in writing immediately but not later than within seven days from receipt of the delivery note. If the customer has not received a delivery note, the period shall commence upon receipt of the invoice. Any breach of this obligation does not reduce the customer’s right to claim warranty, but may give reasons for contributory negligence.