2. Scope, design and point of delivery
3. Software and know-how
6. Customer information obligation
Only terms confirmed in writing are binding. Such terms will be extended under the following circumstances:
- a) If information required by the supplier for executing the order is not received by him in good time, or if the customer subsequently alters such information;
- b) if the customer is delayed in carrying out his part of the work or is delayed in fulfilling his contractual obligations, namely if he does not comply with conditions of payment;
- c) if hindrances beyond the control of the supplier occur such as natural phenomena, mobilization, armed conflict, civil commotion, epidemics, accidents and illness, serious interruptions in production, labour conflicts, delayed or faulty supply of materials as well as official measures.
The supplier has the right of partial deliveries.
If delays occur the customer should fix a reasonable term with the supplier in which the delivery can be carried out. If the supplier does not fulfil these obligations before this term is finished, the customer may waive the delayed payment or withdraw from the contract, as long as he declares his intentions within three days.
If it is established that the supplier carries the responsibility for the time delay, the customer retains the right, despite delayed fulfilment, waived payment or withdrawal from the contract, to replacement of actual damage, however only to a maximum of twenty percent of the value of the delayed delivery. Further Claims arising from delayed delivery are excluded.