6. Place of performance and acceptance
6.1 The contractual partner has to comply
with his duty of performance and delivery
obligation at a place specified by us; in
so far as our order or issue of contract
does not specify anywhere else, the place
of performance is our works in Schopfheim.
Agreed production samples or test certificates
must be presented in Schopfheim in all cases.
6.2 The dispatch of goods to be supplied
to the place of performance, transport to
that place, and delivery, including proper
unloading and the disposal of packaging
material, are an obligation of the contractual
partner; that also applies to proper loading
if, in a special agreement, it is specified
that we will collect the goods. In all cases,
the risks of loss, degradation, or damage
are only transferred to us with acceptance
of the goods at the place of performance.
6.3 An easily-recognisable delivery note,
which makes reference to our order and enables
rapid verification, is to be attached to
every delivery; we reserve the right to
reject deliveries that do not have a delivery
note attached. Partial deliveries and services
partially performed must be marked as such
and are only permissible with our approval.
6.4 Construction works and services require
formal acceptance; a notice of completion
or notice of taking into service (§13
No. 5 VOB/B) is not a substitute for formal
acceptance. If the contractual partner carries
out construction works or services for us,
which we are required to provide at a construction
site belonging to a third party, the contractual
partner can only request acceptance by us
when the unequivocal acceptance of the site
owner has been obtained.