4. Delivery dates and deadlines, delivery period, delay and force majeure
1. Delivery dates and delivery periods shall be binding. If the delivery is agreed free domicile, the Supplier has to provide the goods in due time, taking into consideration the remaining time required for the loading and shipment. The delivery date or deadline shall be considered met if we receive the goods in due time.
2. In case of call-off orders we reserve ourselves the right to determine the individual call-off orders and the call-off dates for partial deliveries.
3. The Supplier is obligated to inform us immediately in writing as soon as circumstances occur or he becomes aware of circumstances, from which it results that the conditions or the delivery deadline cannot be met. Such information does not release the Supplier from his original obligations to supply. In case of violation of this obligation we shall have the right to claim damages incurred because of this from the Supplier. If the goods are delivered earlier than agreed, we reserve ourselves the right to return the goods at Supplier’s expenses. If, in case of earlier delivery, the goods are not returned, they shall be stored at the Supplier’s costs and risk until the delivery date.
4. We accept partial deliveries only after we have expressly agreed to do so. If partial deliveries have been agreed, the remain¬ing quantity still to be delivered has to be stated.
5. In case of delays in delivery, we shall have the right to claim lump-sum damages because of delay amounting to 0.2% of the gross value of the goods delivered per day in delay, however, not more than a total of 10%, without prejudice to any further statutory claims (rescission and damages instead of performance). The Supplier shall have the right to prove to us that the delay resulted in no damage at all or in a considerably lower damage. In the latter case we may claim the damages we incurred in fact. The acceptance of late delivery entails no waiver of the claims for damages and of the lump-sum damages.
6. The number of units, weights and measures as well as delivery quantities are determined according to the values ascer¬tained in our incoming goods inspection, except if proven otherwise.
7. Force majeure, collective actions, business disruptions for which we are not responsible, unrests, official measures and other inevitable events entitle us to withdraw from the contract, provided that they are of considerable duration and that they result in considerable decrease of our demand, without prejudice to our other rights.