IV. Delivery and Acceptance Obligations
1. Delivery dates shall not be fixed dates unless they have been expressly designated and agreed as such. Delivery dates shall begin to run after the receipt of all documents required for the execution of the order, as well as the payment of any agreed down payment and any agreed supply of materials from the customer. If the delivery becomes impossible through no fault of igus®, the delivery date shall be considered met upon notification of the readiness for shipment.
2. Unless a fixed date has been agreed, igus® shall only be in default after receipt of a written warning letter and the lapse of a grace period of at least 48 hours. If, after the lapse of the grace period, no delivery has been made due to reasons for which igus® is responsible, then the customer shall be entitled to demand default damages, or to withdraw from the agreement if the customer, when setting the grace period, notified igus® of the rejection of the contractual performance in writing. Except in cases of gross negligence or intent by igus®, any default damages shall be limited to a maximum of 5% of that portion of the delivery which has not been timely delivered.
3. In the case of call-off orders without specific contractual terms, production batch sizes and acceptance dates, igus® may request a binding determination in this regard by no later than three months after the order has been confirmed. If the customer does not meet such request within three weeks’ time, then igus® shall be entitled to set a two-week grace period and, after such grace period lapses, to withdraw from the agreement or reject the delivery and demand damage compensation.
4. If the customer does not fulfil their acceptance obligations, then igus® shall, notwithstanding its other rights, not be restricted by any regulations governing self-help sales but shall rather have the right to sell the delivery goods to a third party after having notified the customer in advance of its intention to do so. If igus® takes back the delivery goods as a goodwill gesture, they shall be required to be in flawless condition, in their original packaging and delivered freight-paid within an agreed timeframe. igus® shall be entitled to charge appropriate costs for the expenses which it incurs by taking back the goods.
5. If an agreement is terminated by the customer for reasons for which igus® is not responsible, the customer shall be obliged to accept all finished products in the quantities already ordered or approved at the agreed prices as well as all unfinished products against reimbursement of the costs incurred by igus® for their production.