7. Delivery deadline, delay

7.1Particular delivery or performance deadlines (period for performance) and dates specified in our order are binding for the contractual partner. The periods for performance start from the date of the order. If periods or schedules are specified in weeks or months, then the latest completion date is the last working day of the relevant calendar week or month. When an agreed service or delivery is to be provided "on call", then the last working day of the week following our call is the binding latest completion date.

7.2 The period for performance is complied with when the delivery or completion of service at the place of performance and transfer to us take place before the end of the normal working period on the day of the latest completion date. We are not obliged to accept deliveries or services outside normal working hours; if we do so, the contractual partner has to bear any additional costs we incur. When collection by us has been agreed, we must be notified that the goods are ready for dispatch at least one day before the end of the period.

7.3 If the delivery period is not complied with, without the delay being the responsibility of the contractual partner, then we can extend a period measured in months by one additional month, otherwise by one additional week, and cancel the contract if completion does not take place within that period. That does not apply if the reasons for the delay are our responsibility.

7.4 If the contractual partner is late with delivery, we have the right, without prejudice to further legal claims, and without further evidence to a delay penalty of 1% of the value of the goods to be delivered or services per complete week late, but not more than 10%; the contractual partner is entitled to show that we have suffered less damage or none at all. We have the right to withdraw from the contract without setting a new completion date if, as a result of a delay due to the contractual partner, the delivery or service can no longer be used by us as originally intended.

7.5 In all cases, the contractual partner has the duty to notify us in writing without delay and state the reason for probable failure to comply with a completion date as soon as this is recognisable for him. If this notification is not made, by the completion date at the latest, then the failure to comply becomes the responsibility of the contractual partner. At the same time as the delay notification, the contractual partner should set a new, certain completion date. We are not obliged to agree to the new date, but if we do so, the new date becomes binding. Our further claims arising from the delay remain thereby unaffected.