10.1 The term of delivery shall commence as soon as the contract has
been entered into, all official formalities such as import and payment
permits have been obtained and all essential technical points have
been settled. The term of delivery shall be deemed duly observed when,
upon its expiry, the goods are ready for dispatch.
10.2 Delivery is subject to the following conditions, i.e. the term
of delivery shall be reasonably extended:
a) if Georg Fischer are not supplied in time with the information
necessary for the execution of the contract or if subsequent changes
causing delays are made by the Purchaser.
b) if Georg Fischer are prevented from performing the contract by
force majeure. Force majeure shall equally be deemed to be any
unforeseeable event beyond Georg Fischer’s control which renders
Georg Fischer’s performance commercially unpractical or
impossible, such as delayed or defective supplies from subcontractors,
labor disputes, government orders or regulations, shortages in
materials or energy, serious disturbances in Georg Fischer’s
works, such as the total or partial destruction of plant and equipment
or the breakdown of essential facilities, serious disruptions in
transport facilities, e.g. impassable roads. Should the effect of
force majeure exceed a period of six months, either party may cancel
the contract forthwith. Georg Fischer shall not be liable for any
damage or loss of any kind whatsoever resulting therefrom, any
suspension or cancellation being without prejudice to Georg
Fischer’s right to recover all sums due in respect of
consignments delivered and costs incurred to date.
c) if the Purchaser fails to fulfil or delays in fulfilling his
obligations under the contract, in particular if he does not adhere to
the agreed conditions of payment.
10.3 If for reasons attributable to Georg Fischer a reasonable term
of delivery is exceeded, Georg Fischer shall not be deemed in default
until the Purchaser has granted to Georg Fischer in writing a
reasonable extension thereof of not less than one month which equally
is not met. The Purchaser shall than be entitled to cancel the
contract. The Purchaser shall then be entitled to the remedies
provided at law, it being however understood that, subject to
limitations of Art. 16, damage claims shall be limited to max 5% of
the price of the delayed delivery.
10.4 If the Purchaser fails to take delivery within a reasonable time
of goods notified as ready for dispatch, Georg Fischer shall be
entitled to store the goods at the Purchaser’s expense and risk
and to invoice them as delivered.
10.5 Partial shipments shall be allowed and Georg Fischer shall be
entitled to invoice for such deliveries.
10.6 Should Purchaser cancel an order without justification and
should Georg Fischer not insist on the performance of the contract,
Georg Fischer shall be entitled to a penalty amounting to
‘Before shipment’ :15%, ‘ After shipment’
: 30% of the contract price and freight cost. Purchaser
is not allowed to cancel an order for nonstandard products or
noncancellable products, prefabricated products according to
drawings supplied or confirmed by customer, out sourced goods
according to request by customer once production for such order has
started or necessary components has been purchased or order for third
party goods has been placed. Georg Fischer’s right to prove and
claim higher damages remaining reserved. Purchaser shall be entitled
to prove, that Georg Fischer has suffered no or a considerably lower
damage than the penalty forfeited.