If the customer is in delay with the acceptance of the contractual object for more than 14 days since receiving the notification of availability or the proper first delivery from us, we can notify the customer in writing and grant an extended deadline of 14 days.
After the extended deadline expires without success, we may withdraw from the delivery contract in writing or demand damages in lieu of performance. An extended deadline is not necessary if the customer seriously and finally denies acceptance or if the customer obviously wouldn’t be able to pay even if an extended deadline would be granted. In that case, we are entitled to demand 10 % of the agreed delivery price for lost profits. But the customer retains the right to prove that we did not suffer any losses or no losses in that scope. We also retain the right to prove higher losses and claim them accordingly.
Unless the order confirmation states otherwise and we have agreed to delivery and installation by us, delivery has been agreed as „ex stock“ or „ex factory“, i.e.
EXW Melle, Germany (Incoterms 2020).