4. Dispatch of goods, insurance, transfer of risk
4.1. Delivery dates and delivery periods regularly indicate the expected delivery date with which we endeavour to comply. Minor deviations in time are possible and do not entitle the Purchaser to withdraw from the contract or claim damages for late delivery. It is up to our discretion to deliver the entire order quantity at once or in partial quantities.
The following shall apply regarding the beginning of the delivery period: All delivery periods specified by us in the order or otherwise agreed upon shall commence, (a) if delivery has been agreed upon against prepayment on the day of crediting the complete invoice amount (including value added tax and shipping costs) to our bank account (value date), or (b) if payment on invoice is agreed upon following delivery of the confirmation (confirmation mail). The commencement of the delivery period may presuppose the timely fulfilment of the Purchaser‘s obligations to cooperate (releases, documents, drawings). If these are not fulfilled by the Purchaser, the agreed delivery period shall be extended by the delay caused by the Purchaser, including a reasonable start-up time. If partial deliveries are not called off within the agreed period, we shall be entitled to invoice them and demand their acceptance within 14 (fourteen) days. After expiry of this period, the goods shall be stored at the expense and risk of the Purchaser. Claims based on delayed deliveries cannot be accepted.
4.2. Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our discretion. All we owe is the punctual and proper delivery of the goods to the transport company and we are not responsible for delays or damages caused by the transport company. Our specified delivery time is therefore non-binding.
4.3. The risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the Purchaser upon delivery of the goods to the transport company. In the case of drop-ship transactions – including franking, fob or cif transactions – the risk of accidental destruction shall pass to the Purchaser once the goods have left ex works or the warehouse of our supplier.
4.4. We will insure the goods against the usual transport risks at our expense. At the written request of the Purchaser, the goods shall be additionally insured against breakage and fire damage at the Purchaser‘s expense. Any transport damage must be reported to us immediately, but no later than within 48 hours, so that we can claim any insurance benefits from the transport insurance. The Purchaser must provide us with photographic documentation of any transport damages.
4.5. Circumstances for which we are not responsible, which make delivery impossible in the long term or make it unreasonably difficult (force majeure such as, in particular, interruptions to operations for which we are not responsible, a shortage of raw materials or energy, supply bottlenecks, fire, floods, warlike events, natural disasters) release us from our delivery obligation for the duration of the impediment and a reasonable start-up time, even if they occur with our suppliers. We will inform the Purchaser immediately if a case of force majeure occurs. If the impediment is expected to persist indefinitely, we shall be entitled to withdraw from the contract in whole or in part. The Purchaser’s claims for damages are excluded in the event of force majeure. If the Purchaser rejects the delivery even after the expiry of a reasonable period of grace, we can make use of our statutory rights to withdraw from the contract and demand compensation for damages.