Delivery

Delivery, Delivery Terms, Non-fulfillment of Obligations

2.1. Delivery deadlines engage the Seller only if they have been accepted in writing. In case of doubt, the delivery deadlines mentioned in the order confirmation apply. A prerequisite for the flow and compliance with the agreed delivery deadlines is the fulfillment of the CLIENT's collaboration obligations, particularly providing the necessary documents, equipment, approvals, verifications, and permits that the CLIENT must procure, timely receipt of the items to be supplied, adherence to the agreed payment conditions, payment of any advances, opening a letter of credit/bank guarantee, or providing the agreed guarantees and/or payment instruments. If these prerequisites are not fulfilled in a timely manner, the delivery deadlines will be reasonably extended, taking these circumstances into account. If, for reasons not attributable to the Seller, the goods cannot be delivered, or the services cannot be provided, including due to insufficient credit limits available to the CLIENT from the Seller in the case of deliveries with payment terms or delays in payment recorded by the CLIENT, the agreed deadlines are considered met, even through notification of availability for delivery.

2.2. If the delivery deadlines are not met as a result of force majeure, fortuitous events, or other circumstances beyond CREATX TECHNOLOGY's control, such as war, attacks and acts of terrorism, riots, epidemics, pandemics, natural disasters, extreme natural phenomena, import and export restrictions, labor disputes, limitations in energy supply, governmental measures or official directives, including those affecting subcontractors, the agreed delivery deadlines will be extended by the duration of the disruptive event. This applies also in the case of union actions that affect CREATX TECHNOLOGY or its subcontractors. This situation also includes difficulties encountered in acquiring raw materials, as well as improper or delayed deliveries by suppliers due to force majeure. This clause is valid even if disruptions occur at a time when the Seller is already delayed in fulfilling its obligations.

2.3. If CREATX TECHNOLOGY's delivery is delayed, the CLIENT will declare within a reasonable time and at CREATX TECHNOLOGY's request whether they insist on the delivery or if they claim other legal rights that they have under sections 2.4 and 2.5.

2.4. In the case of a delayed delivery, the CLIENT's only remedy is to terminate the contract in accordance with legal provisions, to the extent that CREATX TECHNOLOGY is responsible for the delay, by written notice, allowing a 15-day notice period. Other rights of the CLIENT resulting from the delay, especially for additional compensation, are excluded.

2.5. The provisions of Section 9 will apply in the case of claims for damages submitted by the CLIENT in the event of delivery delays.

2.6. In the event that the CLIENT fails to fulfill their obligations regarding receipt or if the CLIENT culpably violates their collaboration obligations, CREATX TECHNOLOGY has the right to request reimbursement for the damages incurred by CREATX TECHNOLOGY in this regard, including other additional expenses, amounting to 0.5% of the price of the items intended for delivery for each month of delay, but not exceeding, cumulatively, 5% of the price of the items intended for delivery. The contracting parties retain the right to obtain evidence regarding the greater or lesser value of additional expenses. Subsequent claims for damages resulting from the failure to fulfill receipt obligations will not be affected.

2.7. If the delivery is postponed at the CLIENT's request, the Seller may calculate and invoice the CLIENT for the actual costs incurred due to storage or 1% of the invoice value for each month begun (subject to proof of significantly lower costs). Furthermore, after a period of 60 days in which the CLIENT has not received the goods, or has not signed the receipt report for the work, the Seller has the right to terminate this contract, under the conditions and with the effects provided in section 11. The costs incurred by the Seller due to termination will be reimbursed by the CLIENT.

2.8. Partial deliveries and corresponding invoices are acceptable, except in cases where the CLIENT cannot reasonably accept them.

2.9. The CLIENT cannot refuse to receive deliveries due to insignificant defects.