xiX - Technical Manual Version 1.3
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(a) force majeure, such as mobilization, war, terror attacks, rebellion or similar events (e. g. strike or lockout);
(b) virus attacks or other attacks on the Supplier’s IT systems occurring despite protective measures were in place that complied
with the principles of proper care;
(c) hindrances attributable to German, US or otherwise applicable national, EU or international rules of foreign trade law or to
other circumstances for which Supplier is not responsible; or
(d) the fact that Supplier does not receive its own supplies in due time or in due form such times shall be extended accordingly.
3. If the Supplier is responsible for the delay (hereinafter referred to as "Delay") and the Purchaser has demonstrably suffered a
loss therefrom, the Purchaser may claim a compensation as liquidated damages of 0.5 % for every completed week of Delay, but
in no case more than a total of 5 % of the price of that part of the Supplies which due to the Delay could not be put to the
intended use.
4. Purchaser's claims for damages due to delayed Supplies as well as claims for damages in lieu of performance exceeding the
limits specified in No. 3 above are excluded in all cases of delayed Supplies, even upon expiry of a time set to the Supplier to
effect the Supplies. This shall not apply in cases of liability based on intent, gross negligence, or due to loss of life, bodily injury or
damage to health. Rescission of the contract by the Purchaser based on statute is limited to cases where the Supplier is
responsible for the delay. The above provisions do not imply a change in the burden of proof to the detriment of the Purchaser.
5. At the Supplier's request, the Purchaser shall declare within a reasonable period of time whether it, due to the delayed
Supplies, rescinds the contract or insists on the delivery of the Supplies.
6. If dispatch or delivery, due to Purchaser's request, is delayed by more than one month after notification of the readiness for
dispatch was given, the Purchaser may be charged, for every additional month commenced, storage costs of 0.5 % of the price
of the items of the Supplies, but in no case more than a total of 5 %. The parties to the contract may prove that higher or, as the
case may be, lower storage costs have been incurred.
Article V: Passing of Risk
1. Even where delivery has been agreed freight free, the risk shall pass to the Purchaser as follows:
(a) if the delivery does not include assembly or erection, at the time when it is shipped or picked up by the carrier. Upon the
Purchaser's request, the Supplier shall insure the delivery against the usual risks of transport at the Purchaser's expense;
(b) if the delivery includes assembly or erection, at the day of taking over in the Purchaser's own works or, if so agreed, after a
successful trial run.
2. The risk shall pass to the Purchaser if dispatch, delivery, the start or performance of assembly or erection, the taking over in
the Purchaser's own works, or the trial run is delayed for reasons for which the Purchaser is responsible or if the Purchaser has
otherwise failed to accept the Supplies.
Article VI: Assembly and Erection
Unless otherwise agreed in written form, assembly and erection shall be subject to the following provisions:
1. Purchaser shall provide at its own expense and in due time:
(a) all earth and construction work and other ancillary work outside the Supplier's scope, including the necessary skilled and
unskilled labor, construction materials and tools;
(b) the equipment and materials necessary for assembly and commissioning such as scaffolds, lifting equipment and other
devices as well as fuels and lubricants;
(c) energy and water at the point of use including connections, heating and lighting;
(d) suitable dry and lockable rooms of sufficient size adjacent to the site for the storage of machine parts, apparatus, materials,
tools, etc. and adequate working and recreation rooms for the erection personnel, including sanitary facilities as are appropriate
in the specific circumstances; furthermore, the Purchaser shall take all measures it would take for the protection of its own
possessions to protect the possessions of the Supplier and of the erection personnel at the site;
(e) protective clothing and protective devices needed due to particular conditions prevailing on the specific site.
2. Before the erection work starts, the Purchaser shall unsolicitedly make available any information required concerning the
location of concealed electric power, gas and water lines or of similar installations as well as the necessary structural data.
