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The plea of non-performance of the contract shall be reserved. The delivery period shall be duly observed, if the delivered articles have left the works prior to expiration of the time-limit, or if notice of readiness for dispatch was given to the customer.


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Unforeseeable extraordinary events, which DCE was unable to avert in spite of exercising the care that can be reasonably expected under the circumstances of the particular case, such as operational breakdown, strike, lockout, government interference, war, disturbance of the energy supply or the provisioning with raw materials and similar events "force majeure" shall entitle DCE to reasonably extend the delivery period, even if these events occur at sub-suppliers.

If these events render the delivery impossible or unreasonable, DCE will be released from the supply commitment in whole or in part. If acceptance of delivery cannot be reasonably expected of the customer due to the delay, the customer may, by immediate statement, withdraw from the non-fulfilled part of the contract. The customer may not derive any claims for damages from the extension of the delivery period, the release of DCE from its supply commitment, or the own withdrawal from the contract.

If DCE is in default with delivery or performance, the regulations stipulated in section IX shall, in cases where fault is the decisive factor, apply to any claims for damages whatsoever that are due to the customer. Incoterms shall also be applied in the separate agreements. DCE reserves title to the delivered goods until receipt of all payments under the business relationship with the customer. If the customer acts in breach of contract, especially due to default in payment, DCE shall be entitled to take the object of sale back.

A withdrawal of the object of sale implies a rescission of the contract. DCE may realize the object of sale after having taken it back. The result from realization shall be allowed as credit against the liabilities of the customer, less reasonable cost of use.

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The customer shall be entitled to resell the object of sale in the ordinary course of business. However, the customer shall, hereby, assign to DCE all debts in the amount of the invoiced final sum including V. The customer shall remain authorized to recover the said debt even subsequent to the assignment. This shall not affect the power of DCE to recover the debt by itself. DCE shall undertake, however, not to recover the debt as long as the customer complies with its payment obligations out of the collected proceeds, is not in default with payment, and particularly as long as no insolvency petition has been filed or payments have been suspended.

Should this be the case, DCE may demand that the customer inform DCE of the assigned debts and their debtors, specify full particulars required for recovery, deliver all pertinent records and communicate the assignment to the third party debtors.

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The processing or transformation of the object of sale by the customer shall be done for DCE. For the rest the same shall apply to the object arising from processing, as to the object of sale delivered with reservations. If the mixture is done in such a manner that the object of the customer is to be regarded as the main object, the parties agree that the customer shall transfer co-ownership to DCE on a proportionate basis. The customer shall preserve the resulting sole or joint ownership for DCE.

DCE shall be entitled to select the security which is to be retransferred. The customer shall immediately inspect the delivery in order to detect any defects, damage to goods in transit, any faulty delivery and variation in quantity. The warranty shall be excluded, if the customer fails to immediately assert recognizable defects in writing, however not later than within two 2 working days of DCE following receipt of the goods.

Written notice of non-recognizable defects must be given immediately upon their discovery. Where the subsequent performance goes wrong, the customer shall, at its option, be entitled to cancel the contract or claim the reduction of the purchase price. The limitation period for claims based on defects shall be twelve 12 months, calculated from the date of the transfer of risk. Should DCE grant a guarantee to delivered goods, the guarantee expires in one of the following cases whichever happens first: The goods have not been stored still or have been opened or in case the guarantee period has expired.

DCE shall be furthermore liable under the statutory provisions, if DCE has violated a substantial contractual obligation through culpable action. If DCE is not blamed for any intentional breach of contract, the liability for damages shall be limited to the foreseeable damage typically occurring. The foregoing limitations shall also apply in cases where the customer claims compensation for useless expenses instead of claiming compensation of the damage in lieu of contract performance.

The liability for culpable injury to life, health or for personal injury shall remain unaffected; this shall also apply to the mandatory liability under the Product Liability Act. Any further liability for damages, going beyond the liability stipulated in section IX paragraphs 1 and 2 above, shall be excluded.

The place of jurisdiction for all disputes arising from the supply relationship between DCE and the customer shall be the registered place of business of DCE. DCE shall be, however, also entitled to take legal action before the court having jurisdiction over the seat of the customer. The governing law shall be the law of the Federal Republic of Germany, to the exclusion of the conflict of laws provisions.

The applicability of the U.

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Sales Convention is excluded. Unless otherwise specified in the order confirmation, the place of performance for the obligations under the supply relationship shall be the registered place of business of DCE. In case of any inconsistency or discrepancy between the English version and the German version, the German language version shall prevail. Der Kunde hat keinen Schadensersatzanspruch.