5. Delivery period, installation period

5.1 As long as the client is in default with the fulfillment of the contractual obligations, SD-Technology shall not be obliged to perform.

5.2 Delivery periods and dates offered by SD-Technologies are only binding, if they were acknowledged by SD-Technologies in writing.

5.3 Delivery periods start on the day of issue of the acknowledgement. They are deemed to have been complied with if the goods have left SD-Technologies until the end of the delivery period or if SD-Technologies has informed the customer that the shipment is ready for dispatch.  

5.4 If SD-Technologies exceeds the delivery period agreed on, the customer can set SD-Technologies an extension of the deadline by 3 weeks via a registered letter, starting with the day of notice in writing through the customer and withdraw from the contract by the end of the deadline.

5.5 The customer is only entitled to get compensation due to non-fulfillment if SD-Technologies or one of their subcontractors caused the delay intentionally or out of serious negligence.

5.6 SD-Technologies is entitled to render partial performances.

5.7 If SD-Technologies should be withheld to carry out the scheduled delivery due to acts of God, war, strike, lockout, obstructions of traffic or due to dispatch difficulties of suppliers, although SD-Technologies concluded an adequate hedging transaction in time, the delivery period or the delivery date is extended by the duration of the disturbance. 

5.8 If the disruption takes longer than 3 month, SD-Technologies is entitled to limit or cancel the delivery  or to withdraw completely or partially from the contract without having to deliver in addition or pay the customer compensation. In such a case SD-Technologies is obligated to inform the customer immediately. In case of a partial delivery the customer is entitled to withdraw completely from the contract if the partial delivery is useless for him.

5.9 The installation period is kept if the installation is ready for approval by the customer before due day, in the case of a contractual testing.

5.10 If the installation is delayed by the appearance of circumstances which have not been caused intentionally or out of serious negligence by SD-Technologies, an adequate extension of the deadline sets in, as far as such obstacles take great influence on the completion; this is also valid, if such circumstances occur after SD-Technologies has fallen behind.

5.11 If SD-Technologies is responsible for the non-fulfillment of binding and agreed deadlines or is behind schedule itself and causes the customer provable damage because of the delay by SD-Technologies, the customer can claim for compensation for default; it amounts to 0,5 % for every full week of the delay but not more than 5 % altogether of the agreed price for the part of the system that ought to be installed by SD-Technologies and cannot be used in time. Claims over and above that are excluded, unless the delay is caused by SD-Technologies as a result of gross negligence.

 

Overview