Delivery

Deliveries and performance period
1. Dates and terms of delivery will be without commitment unless expressly agreed otherwise in writing.
2. The specification of terms of delivery and delivery dates by TimeMachine Europa is subject to correct and punctual receipt of supplies by TimeMachine Europa from its own suppliers and manufacturers.
3. Delays in deliveries and services due to force majeure and other unforeseeable events which make it significantly difficult or impossible for TimeMachine Europa to perform the delivery and for which TimeMachine Europa is not responsible (such events include in particular war, armed conflicts, raw material scarcity, official orders, non-grant of export, import and transit permits, national measures for limiting trade, strikes, lockouts and other similar serious breakdowns, traffic disruption, irrespective of whether these events affect TimeMachine Europa, its suppliers or sub-suppliers) shall entitle TimeMachine Europa to postpone the delivery or service by the duration of obstruction plus a reasonable start-up period or to completely or partially repudiate the contract - in so far as it has not yet been performed. If there are any delivery problems, TimeMachine Europa shall inform the other contracting party about them without any delay. The delivery deadline shall also be prolonged by the period by which the other contracting party delays the performance of its contractual obligations.
4. If the obstruction lasts longer than three months, the other contracting party shall be entitled to completely or partially repudiate the contract - in so far as it has not yet been performed - after granting an appropriate grace period (at least 14 days) unless it proves that it had completely lost interest in the performance of the contract earlier itself because the deadline had expired.
5. If the delivery period is prolonged on the basis of point no. 3 or if TimeMachine Europa is released from its obligations, a compensation claim against TimeMachine Europa is excluded unless TimeMachine Europa must incur liability according to clause IX.
6. If TimeMachine Europa is responsible for not observing delivery periods and deadlines which had been confirmed as binding or delays the performance of deliveries or services, the other contracting party shall be entitled to a compensation for damage resulting from delay of 0.5% for each completed week of delay, however not more than 5% of the invoice value for the deliveries and services which are affected by the delay, if the other contracting party or TimeMachine Europa do not prove that a lower or higher damage was caused.
7. TimeMachine Europa shall be entitled to effect partial deliveries and render partial services if this does not result in any disadvantages with regard to the use. In case of supply contracts, each partial delivery and partial service shall be regarded as an independent performance.
8. If the quantity of goods at the disposal of TimeMachine Europa is not sufficient for satisfying all contracting parties, then TimeMachine Europa shall be entitled to make equal reductions in all delivery obligations. TimeMachine Europa shall be released from delivery obligations which go beyond the aforesaid.