Lieferung

Agreed delivery periods shall commence upon dispatch of the order confirmation by us. However, the respective period shall not commence before all technical or other information, documents, advance payments or other services of the customer required for the fulfilment of our obligations have been confirmed by us as having been received by us. In the event of default on agreed payments, the delivery period shall be extended accordingly. The delivery deadline shall be deemed to have been met if the delivery item leaves our warehouse before the deadline expires or if we notify the customer by then that the item is ready for delivery or - if assembly has been agreed - the system is ready for operation at the end of the delivery deadline. The system is ready for operation if it can be used for its intended purpose and no significant defects prevent its use. This also applies if the production of non-essential parts (e.g. the insulation or the coating) takes place at a later date, or if any necessary preliminary work by other companies commissioned with the production of the system or by the customer has not been carried out and does not permit trial operation, or if the system has not been accepted despite the setting of a deadline. If it is not possible to carry out the trial operation immediately after completion of the system through no fault of our own, the additional costs incurred as a result shall be charged separately. Promised delivery dates will be adhered to to the best of our ability, but are not binding. Delays in delivery shall not entitle the customer to withdraw from the contract or to assert claims under warranty, avoidance on account of mistake or claims for damages. We are authorised to carry out and invoice partial or advance deliveries. We reserve the right to choose the mode and route of despatch to the exclusion of any liability. In particular, there is no obligation to choose the cheapest mode of transport. The packaging of partial and advance deliveries shall be carried out in a customary manner. Any additional packaging shall be borne by the customer. Express and air freight surcharges shall be invoiced separately. Transport insurance shall only be taken out on behalf of and for the account of the customer. Operational disruptions and events of force majeure as well as other events beyond our control, in particular delays in delivery and the like on the part of our suppliers or other third parties, shall entitle us, to the exclusion of any legal claims, in particular warranty claims, claims for avoidance on account of mistake and claims for damages, either to extend the deadlines accordingly or to withdraw from the contract on account of the part not yet fulfilled. This shall also apply if the events occur at a time when we are in default. The delivery period shall be extended appropriately if, for structural reasons or due to official requirements or at the request of the customer, changes in the design are necessary which require additional deliveries or additional services, or if, for reasons for which we are not responsible, trial operation is impossible or only possible at a later date. Any additional costs incurred as a result shall be borne by the customer. The price and performance risk shall pass to the customer upon notification of readiness for dispatch by us to the customer, but at the latest upon dispatch of the delivery from our warehouse, in the case of direct delivery from our warehouse, in the case of direct delivery from our supplier's warehouse, irrespective of any separately agreed price regulation for the delivery; this shall also apply if we have assumed additional services (e.g. installation, assembly, etc.). If the dispatch of goods ready for despatch or the agreed assembly is not possible through no fault of our own, we shall be entitled to store the goods at the customer's expense and risk at our own discretion, whereby the delivery shall be deemed to have been made; in particular, we shall be entitled to store the goods ourselves at normal market prices or to store the goods ready for despatch with third parties on behalf of and for the account of the customer.