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(1) Day of delivery shall be the day when the goods are shipped. If delivery is delayed for reasons we cannot be held responsible for, the day of supply shall be considered the day of delivery. If delivery dates were agreed, we shall considered to be in default only if we receive a demand. Partial deliveries / partial performances are admissible to the extent to which this is reasonable for the Customer upon their acceptance considering all circumstances. If we cannot deliver on time due to reasons beyond our control, delivery times shall be reasonably extended. Reasons beyond our control shall also comprise labour disputes, disruptions in the operating schedule which could not be prevented although due care had been exercised, disruptions with the supplier, disruptions on transport routes, lack of raw materials and interference by authorities.
(2) We shall not be liable for delayed / omitted deliveries / performances for which our suppliers are responsible; in return, we are obligated to assign our claim for damages in the relevant amount against our suppliers or third parties to the Customer. If the Customer finally fails to be indemnified by our supplier, we shall be subsidiarily liable considering these General Terms and Conditions. This does not entail an extension of the period of limitations.
(3) If an event beyond our control in terms of Section 1 is present, we shall have the right to withdraw from the contract excluding further claims by the Customer. If a later fulfilment after a delay is of no interest for the Customer, they shall have the right to withdraw from the contract excluding further claims.
(4) Without prejudice to further claims, we shall have the right to withdraw from the contract relating to the delayed partial performances if the Customer defaults.
(5) We are not obliged to retract proper goods. The redelivery of such goods expects our prior approval. Charges of such redeliveries are for the account of the customer. In case of retraction of proper goods, we bill an administrative charge of 20 % of our invoice.