Delivery dates are binding. Timeliness of the delivery shall be determined by delivery of the Delivery Items to the place of performance (see Clause 7).
BRUGG LIFTING reserves the right to store any deliveries that arrive more than seven days before the agreed delivery date at Supplier’s expense or to return them at its expense.
If Supplier does not perform on the contractually agreed delivery date, BRUGG LIFTING shall have the right to wholly or partially withdraw from the respective contract and claim damages upon stipulation of a grace period, without consideration of Supplier’s fault, or to continue the respective contract and claim damages instead of performance, notwithstanding the right of BRUGG LIFTING to insist on further performance instead and to assert default damage.
In case of delayed delivery, Supplier shall grant BRUGG LIFTING a reduction of 1% of the agreed contractual price, excluding VAT, but no more than 10% of the agreed contractual price per delayed delivery, in any case per week of delay of the delivery.
If a fixed-date transaction is agreed on in an individual case, BRUGG LIFTING shall have the right to wholly or partially withdraw from the contract and claim damages even without stipulating a grace period, independently of Supplier’s fault, if the delivery is not made in time or to continue the contract and assert damages instead of performance. BRUGG LIFTING shall, however, have the right, notwithstanding any fault of Supplier, to insist on performance of the respective contract and to assert the default damage if this is reported to Supplier in writing within three days of the end of the fixed date.
BRUGG LIFTING reserves the right to unilaterally shift agreed delivery dates. Notice of a change of the delivery date must be given no later than 14 days before the agreed delivery date. In this case, Supplier commits to retaining the delivery for up to six months without any cost consequences for BRUGG LIFTING. The provisions on invoicing according to Clause 10 shall remain applicable.
Subject to the express consent of BRUGG LIFTING, Supplier shall not have the right to make partial deliveries. If this consent is not given, BRUGG LIFTING shall not be obligated to accept the delivery.
All additional costs arising from a partial delivery, in particular transport costs, shall be assumed by Supplier. A partial delivery agreed on from case to case shall be marked as such by Supplier on the delivery note.
If Supplier is temporarily unable to perform due to force majeure – e.g. in case of natural disasters, epidemics, strikes and other interferences of operations without fault that continue for more than three weeks – either contracting party shall have the right to wholly or partially withdraw from the respective contract without giving rise to any claims for damages; for Supplier, this shall only apply if it has informed BRUGG LIFTING of the reason for the impairment and its expected duration in writing within one week of occurrence of the force majeure.