The delivery time shall be deemed to have been agreed only approximately. Even if a specific calendar date is specified as the delivery date, this shall not make the deal a transaction for delivery by a fixed date within the meaning of Section 376 (1) of the German Commercial Code (HGB).
To be a transaction for delivery by a fixed date, it shall additionally be required that the contractual partners agree that e.g. in the case of seasonal goods or advertising campaigns the contract may readily be terminated by rescission if the delivery time is not adhered to and that, if we are to blame, damages for non-performance may be claimed.
Apart from that, delivery times or dates which may be agreed bindingly or non-bindingly shall require to be agreed in writing.
Even in the case of bindingly agreed times and/or dates, we shall not be liable for any delay in delivery or performance due to force majeure events or due to any event making delivery by us significantly difficult or impossible, which events shall in particular include industrial action, unrest, action taken by the authorities, non-delivery by our suppliers etc.
Any such event shall entitle us to postpone the delivery or the provision of the service by a period of time equal to the time of the impediment plus a reasonable start-up time or to rescind the contract in part or in whole due to the part not yet performed, without the partner being entitled to claim damages based on this.
If the partner suffers any of the impediments specified above, then the same legal consequences shall apply to its obligation to take delivery.
Each of the partners shall be obligated to inform the other partner forthwith of the start and end of any impediment of the kind specified above.
Partial delivery and partial performance shall be admissible to the extent they are customary in the trade and shall be invoiced separately. They shall as an exception be in admissible if partial performance of the contract is not in the interest of the partner.
If any later change of the contract made by the partner affects the delivery time, then it may be extended reasonably.
If we fall behind with delivery and if this causes any loss to the partner, it shall be entitled to claim a lump-sum compensation for delayed delivery. The compensation shall be 0.5% per full week of delay of the value of that part of the total delivery which cannot be used as scheduled or as provided by the contract due to the delay, however, in the aggregate not exceed 5% of that value. Apart from that, the provisions of sections 34 to 38 hereof shall apply to the liability for damages for non-performance.