Purchaser thereof In Writing, stating the reason and, if possible,
the time when delivery can be expected.
If the Supplier fails to give such notice, the Purchaser shall
be entitled to compensation for any additional costs which he
incurs and which he could have avoided had he received such
notice.
13. If delay in delivery is caused by any of the circumstances
mentioned in Clause 41, by an act or omission on the part of the
Purchaser, including suspension under Clauses 21 and 44, or any
other circumstances attributable to the Purchaser, the Supplier
shall be entitled to extend the time for delivery by a period which
is necessary having regard to all the circumstances of the case.
This provision shall apply regardless of whether the reason for the
delay occurs before or after the agreed time for delivery.
14. If the Product is not delivered at the time for delivery, the
Purchaser shall be entitled to liquidated damages from the date
on which delivery should have taken place.
The liquidated damages shall be payable at a rate of 0.5
per cent of the purchase price for each commenced week of
delay. The liquidated damages shall not exceed 7.5 per cent of
the purchase price.
If only part of the Product is delayed, the liquidated
damages shall be calculated on that part of the purchase price
which is attributable to such part of the Product as cannot in
consequence of the delay be used as intended by the parties.
The liquidated damages shall become due at the
Purchaser’s demand In Writing but not before delivery has been
completed or the Contract is terminated under Clause 15.
The Purchaser shall forfeit his right to liquidated damages
if he has not lodged a claim In Writing for such damages within six
months after the time when delivery should have taken place.
15. If the delay in delivery is such that the Purchaser is
entitled to maximum liquidated damages under Clause 14 and
if the Product is still not delivered, the Purchaser may In Writing
demand delivery within a final reasonable period which shall not
be less than one week.
If the Supplier does not deliver within such final period
and this is not due to any circumstances which are attributable
to the Purchaser, then the Purchaser may by notice In Writing
to the Supplier terminate the Contract in respect of such part of
the Product as cannot in consequence of the Supplier’s failure to
deliver be used as intended by the parties.
If the Purchaser terminates the Contract he shall be
entitled to compensation for the loss he suffers as a result of the
Supplier’s delay, including any consequential and indirect loss.
The total compensation, including the liquidated damages which
are payable under Clause 14, shall not exceed 15 per cent of that
part of the purchase price which is attributable to the part of the
Product in respect of which the Contract is terminated.
The Purchaser shall also have the right to terminate the
Contract by notice In Writing to the Supplier, if it is clear from
the circumstances that there will occur a delay in delivery which,
under Clause 14, would entitle the Purchaser to maximum
liquidated damages. In case of termination for this reason, the
Purchaser shall be entitled to maximum liquidated damages and
compensation under the third paragraph of this Clause 15.
16. Liquidated damages under Clause 14 and termination of
the Contract with limited compensation under Clause 15 shall
Purchaser thereof In Writing, stating the reason and, if possible,the time when delivery can be expected.If the Supplier fails to give such notice, the Purchaser shallbe entitled to compensation for any additional costs which heincurs and which he could have avoided had he received suchnotice.13. If delay in delivery is caused by any of the circumstancesmentioned in Clause 41, by an act or omission on the part of thePurchaser, including suspension under Clauses 21 and 44, or anyother circumstances attributable to the Purchaser, the Suppliershall be entitled to extend the time for delivery by a period whichis necessary having regard to all the circumstances of the case.This provision shall apply regardless of whether the reason for thedelay occurs before or after the agreed time for delivery.14. If the Product is not delivered at the time for delivery, thePurchaser shall be entitled to liquidated damages from the dateon which delivery should have taken place.The liquidated damages shall be payable at a rate of 0.5per cent of the purchase price for each commenced week ofdelay. The liquidated damages shall not exceed 7.5 per cent ofthe purchase price.If only part of the Product is delayed, the liquidateddamages shall be calculated on that part of the purchase pricewhich is attributable to such part of the Product as cannot inconsequence of the delay be used as intended by the parties.The liquidated damages shall become due at thePurchaser’s demand In Writing but not before delivery has beencompleted or the Contract is terminated under Clause 15.The Purchaser shall forfeit his right to liquidated damagesif he has not lodged a claim In Writing for such damages within sixmonths after the time when delivery should have taken place.15. If the delay in delivery is such that the Purchaser isentitled to maximum liquidated damages under Clause 14 andif the Product is still not delivered, the Purchaser may In Writingdemand delivery within a final reasonable period which shall notbe less than one week.If the Supplier does not deliver within such final periodand this is not due to any circumstances which are attributableto the Purchaser, then the Purchaser may by notice In Writingto the Supplier terminate the Contract in respect of such part ofthe Product as cannot in consequence of the Supplier’s failure todeliver be used as intended by the parties.If the Purchaser terminates the Contract he shall beentitled to compensation for the loss he suffers as a result of theSupplier’s delay, including any consequential and indirect loss.The total compensation, including the liquidated damages whichare payable under Clause 14, shall not exceed 15 per cent of thatpart of the purchase price which is attributable to the part of theProduct in respect of which the Contract is terminated.The Purchaser shall also have the right to terminate theContract by notice In Writing to the Supplier, if it is clear fromthe circumstances that there will occur a delay in delivery which,under Clause 14, would entitle the Purchaser to maximumliquidated damages. In case of termination for this reason, thePurchaser shall be entitled to maximum liquidated damages andcompensation under the third paragraph of this Clause 15.16. Liquidated damages under Clause 14 and termination ofthe Contract with limited compensation under Clause 15 shall
การแปล กรุณารอสักครู่..
