IV. Obligation to deliver and obligation to take delivery
Terms of delivery begin after the following have been received: all documents necessary for carrying out the order, the advance payment and the on-time supply of materials, in so far as these were agreed upon. If, through no fault of igus®, it becomes impossible to ship the goods, the delivery deadline is regarded as having been met when notification is given that the goods are ready to be shipped. If an agreed delivery deadline is not met due to the fault of igus®, the customer is, in so far as igus® has not acted in a grossly negligent or wilful manner, entitled after expiry of an adequate period of grace and under exclusion of further claims to demand compensation for delayed performance or to cancel the contract if the customer has indicated the rejection of the performance in writing when fixing the period of grace. The compensation for delayed performance is limited to a maximum of 5% of that part of the delivery which has not been carried out according to the contract. In the case of blanket orders without an agreement regarding the term, size of the manufacturing lot and appointed times to take delivery, igus® can, at the latest three months after the order has been accepted, demand that these are fixed in a binding manner. If the customer does not meet this demand within three weeks, igus® is entitled to fix a two-week period of grace and to cancel the contract after this period has expired or to refuse to deliver and to claim damages. If the customer does not fulfil his obligation to take delivery, igus® is, without affecting other rights, not bound to the provisions concerning the self-help sale but can sell the delivery item by private contract after having notified the customer. For igus® to take back a delivery item out of good will, the item must be returned in good order and condition, in its original packaging and must be delivered with freight prepaid after a date has been appointed. igus® is entitled to charge a reasonable amount for the costs it incurs through taking back the item. Acts of God entitle igus® to postpone delivery by the length of the hindrance and a reasonable start-up period or, due to the part of the contract not yet fulfilled, to cancel the contract in part or completely. Strikes, lockouts or unforeseeable circumstances, e.g. plant interruptions, which make it impossible for igus®, despite reasonable efforts, to deliver on time, are equivalent to acts of God; igus® must furnish proof in such cases. This also applies when the above-named hindrances occur during a delayed performance or occur to a subcontractor. The customer can request igus® to declare within two weeks whether it wants to withdraw or to deliver within a reasonable period of time. If igus® does not declare itself, the customer can withdraw from the non-fulfilled part of the contract. igus® shall notify the customer immediately if a case of force majeure occurs. It must keep the disturbances caused to the customer to a minimum.