RPC BRAMLAGE

Return obligations for packing are governed by the legal requirements. The agreed delivery schedules are binding and should be adhered to by the supplier. Deemed compliance is the timely receipt of goods at the agreed point of delivery. 2. The supplier must notify the purchaser in writing immediately a delay becomes apparent, stating reasons and expected slippage. 3. In the event of a delivery delay, the purchaser shall be entitled to all statutory claims. In urgent cases, especially to avoid production losses or in view of the purchaser’s delivery schedules, the purchaser shall be entitled to source materials elsewhere at cost to the supplier. 4. In the event of delivery delays, the Purchaser shall be entitled, after prior written warning to the Supplier, to demand a contractual penalty of 0.5 % of the respective order value for each commenced week of delay in delivery, but no more than 5 % of the respective order value. The contractual penalty shall be set off against the damage caused by default to be compensated by the Supplier. The purchaser reserves the right to assert a higher damage caused by delay. However, the supplier reserves the right to prove lower damages or no damages at all as a result of his debtor's default. 5. Force Majeure and lawful labor strike action exempt the contract partner from this obligation for the duration of the disturbance. However, the contract partners are obliged to supply within a reasonable timeframe any pertinent information and to endeavor to their best ability to adjust to changing circumstances minimizing the dislocation. If the purchaser does not wish to receive the goods any longer because of the delayed delivery or should this delivery no longer be reasonable for him, the purchaser is entitled to cancel the delivery contract after giving prior notice. 6. The purchaser reserves the right to return deliveries arriving earlier than scheduled at cost to the supplier. If deliveries with a fixed delivery date are not returned, they may be stored in the purchaser’s keep until the agreed delivery date. The agreed delivery date only is the relevant date for account settlement. In the event of early delivery by the Supplier, the Purchaser shall be entitled to store the goods at the Supplier's expense unless the Purchaser can immediately use them. If the purchaser stores the goods himself, he shall be entitled to storage costs amounting to 0.5% of the invoice amount of the stored goods per commenced calendar week up to the original delivery date or a previous possibility of utilization. The purchaser reserves the right to assert higher storage costs against proof. However, the supplier reserves the right to prove lower or no damage as a result of his early delivery. 7. The statutory provisions shall apply to the occurrence of default of acceptance on the part of the purchaser. However, the Supplier must also expressly offer its performance to the Purchaser if a specific or determinable calendar period has been agreed for an action or cooperation of the Purchaser (e.g. provision of material). If the Purchaser is in default of acceptance, the Supplier may, in accordance with the statutory provisions, demand reimbursement of its additional expenses (§ 304 of the German Civil Code (BGB)). If the contract relates to an unrepresentable item to be manufactured by the supplier ( single-item production), the supplier shall only be entitled to further rights if the purchaser undertakes to cooperate and is responsible for the failure to cooperate. 8. Part delivery will only be accepted after express consent.