Delivery, delivery time, delay in delivery
1. Binding delivery dates and delivery periods must be agreed at least in text form. In the case of non-binding or imprecise ("approx.") delivery dates and delivery times, we will make serious efforts to comply with them.
2. Delivery times begin to run when the customer receives our order confirmation, but not before all details of the execution of the order have been clarified and all of the customer's obligations to cooperate have been fully rendered. The same applies to delivery dates. If the customer requests changes after the conclusion of the contract, a new reasonable delivery period only begins when we have confirmed the change. A delivery period that corresponds to the originally remaining delivery period plus the period of change negotiations and an organizational period of 14 calendar days is reasonable.
3. In the case of debts to be collected, the day of the notification that the goods are ready for dispatch is the day of delivery, otherwise the day the products are dispatched. In the case of debts to be brought, the day of delivery at the agreed place of delivery is decisive. The unloading of the goods is to be organized by the customer at his own expense if the obligation to deliver has been agreed. We are also entitled to deliver before the delivery period has expired.
4. If we are in default with the delivery, the customer must set us a grace period of at least 14 calendar days for performance, provided this period is not unreasonable. If this period expires without result, claims for damages due to breach of duty only exist in accordance with Section 11.
5. If the customer suffers damage because of our delay in delivery, he is entitled to claim damage caused by the delay. The damage caused by the delay amounts to 0.5% of the net price for the delayed delivery for each commenced week of delay, but no more than 5% of the net price of the total delivery that is not delivered by us on time or not in accordance with the contract due to our delay. Any further claims for compensation for damage caused by the customer's delay are excluded.
This limitation of damage does not apply in the case of intentional, grossly negligent or fraudulent action on our part, in the case of claims due to injury to life, limb or health, in the event of delay in the event of an agreed fixed delivery date in the legal sense and the assumption of a performance guarantee or a procurement risk according to § 276 BGB and in the event of statutory liability. This damage limitation also does not apply in the event of a breach of an essential contractual obligation. "Essential contractual obligations" are those whose fulfillment characterizes the contract and on whose compliance the customer can rely.
6. A reversal of the burden of proof is not associated with the above regulations.