AGB - Conditions

 

2. Delivery and transfer of risk

2.1
The delivery times specified by GM or. -dates shall be deemed to be binding ex works and, subject to the provisions laid down below, shall in any case only be binding upon the issue of the order confirmation, but in no case before receipt of the agreed advance payments, documented letters of credit or bank guarantees. The delivery is made exclusively for the intended use. Any lead times or delivery windows indicated in the order confirmation without explicit reference to their liability (without indication of a binding delivery date) are for information purposes only and are not binding for GM.

2.2
In the case of call-off orders, the ordered goods are ready for dispatch at the binding confirmed delivery date (the date bindingly announced to the customer on the order confirmation). If the customer does not retrieve the ordered goods by the confirmed delivery date, there is a delay in acceptance. In this case, GM is entitled to demand acceptance of the delivery of the ordered and produced goods in addition to the rights to which it is entitled pursuant to Section 6 of the present General Terms and Conditions. In the event that the acceptance of the delivery of the ordered goods by the customer does not take place on the delivery date (on which the customer is notified on the order confirmation), the customer shall be liable for all costs incurred by GM in connection with the handling, the transport, storage and insurance of the goods ordered.

2.3
In the event of non-compliance with a delivery date by GM, the customer must expressly set an appropriate grace period, to the extent permitted by law and dependent on the current order situation of GM. In the event that this grace period expires unused or GM declares that it cannot deliver, the customer is entitled to withdraw from the contract. The withdrawal must be made in writing within one week after the expiry of the grace period or declaration by GM in the above sense. In the case of framework agreements or successive delivery contracts, the right of withdrawal is limited to the specific late delivery. GM shall be liable for any damage suffered by the customer in accordance with the provisions in point 10 of the present General Terms and Conditions.

2.4
Unless expressly agreed otherwise in writing, GM is entitled to carry out the delivery in one or more partial deliveries.

2.5

Unless expressly agreed otherwise in writing, GM is entitled to pass on orders to other companies without the customer’s consent. The customer hereby gives his express consent to such transfer.

2.6

GM and the customer will separately agree the exact specification for the order. If the exact specification (specifications dimensions, quantity, quality, etc.) for an order by the customer is not received in time, GM is exempted from compliance with a binding delivery date. GM reserves the right to withdraw from the contract by setting a reasonable grace period for the specification, whereby point 1.5 of the present General Terms and Conditions of Business with regard to offsetting of cancellation fees applies mutatis mutandis (in this case, the cancellation fee is 10 percent of the cancelled net order value plus any sales tax, whereby the customer reserves the right to prove that GM has incurred less damage).

2.7

The obligation of GM to deliver within a possibly binding agreed period is expressly conditional on the timely fulfilment  of all payment obligations of the customer and all other obligations arising from the contract by the customer, if and to the extent that a failure to fulfil such other obligations in due time makes the delivery by GM impossible or otherwise impedes delivery by GM within the agreed period.

2.8

Place of performance is the production site of GM, the GM office or. the respective distribution warehouse of GM, unless expressly agreed otherwise in writing (in particular in the form of INCOTERMS). As soon as the goods are ready for collection on the confirmed delivery date, the risk passes to the customer at the place of performance.

2.9

If, at the request of the customer, GM dispatches the goods to a place other than the place of performance, risk and chance shall pass to the customer as soon as GM has handed over the goods to the freight forwarder, carrier or the person or institution otherwise designated to carry out the shipment.

2.10

In the case of free deliveries, GM reserves the right to choose the carrier, unless expressly agreed otherwise in writing.