In the absence of any specific agreement, delivery dates shall be deemed approximate and non-binding. PREFA shall be entitled to exceed the confirmed delivery date by up to eight working days simply by sending written notice to the customer, without the customer being entitled to take any measures whatsoever as a result of the delay.
If the delivery date is delayed any further than this (delayed delivery) — except in cases of force majeure — the customer shall only be entitled to withdraw from the contract in respect of the quantities concerned by the delivery delay after setting an appropriate grace period of at least four weeks. Any further claims by the customer against PREFA, particularly for damage, shall be limited to wilful intent and gross negligence and, depending on the amount, shall not exceed the net invoice value of the quantities affected by the delivery delay.
The customer must immediately accept goods declared ready for shipment, failing which, PREFA shall be entitled at its own discretion to place the goods in storage at the expense and risk of the customer and to charge for them immediately.
Broken tools and machinery, delayed deliveries or delivery failures on the part of sub-suppliers, labour shortages, energy shortages or shortages of raw materials, strikes, lockouts, traffic disruptions, official decrees and other cases of force majeure shall release PREFA from the obligation of delivery for the duration of the disruption and to the extent of its effect. If, because of this, the delivery is delayed by more than two months, the customer shall be entitled, having granted an adequate grace period, to withdraw from the contract, however it shall remain obliged, during this period, to accept any goods that have already been prefabricated for the agreed price. In these cases, the assertion of claims for damages by the customer shall be excluded without exception.
If the customer is in default in respect of fulfilment of its obligations or if circumstances regarding the customer are disclosed giving rise to legitimate doubt regarding the customer’s ability to correctly fulfil its future obligations in due time, PREFA shall be entitled, without prejudice to further claims, to immediately suspend deliveries and to demand payment of all outstanding financial claims and other entitlements.