GTC (June 2011) - Härterei Reese Bochum GmbH

with the client’s instructions. Further tests
and analyses shall only be carried out subject
to special agreements. Our checks upon
leaving do not relieve the customer of its duty
to inspect upon receipt.
6. Force majeure / Self-supply
6.1
If, for reasons beyond our control, we do not
receive supplies or services from our subsuppliers
for providing the goods or services
to which this contract relates, in spite of making
proper, adequate arrangements, or if the
supplies or services from our sub-suppliers
are incorrect or are not received on time, or
cases of force majeure arise, we shall inform
our customer in good time in writing or in text
format. In such a case, we shall be entitled to
postpone the delivery by the period of the
hindrance, or to withdraw totally or partially
from the contract because of the part not
performed, provided that we have complied
with our duty of information as above and
have not assumed the procurement risk.
Force majeure shall be deemed to include
strike, lock-out, intervention by the authorities,
shortages of energy and raw materials,
transport bottlenecks beyond our control,
hindrances to operations beyond our control -
e.g. as a result of fire, water and machinery
breakdown losses - and all other hindrances
which cannot objectively be deemed to have
been brought about as a result of negligence.
6.2
If a delivery and/or performance deadline or a
delivery and/or performance time is agreed
as binding and if, as a result of occurrences
within the meaning of 6.1, the agreed delivery
and/or performance deadline or the agreed
delivery and/or performance time is exceeded,
the customer shall be entitled, if a reasonable
extension period elapses without
result, to withdraw from the contract because
of the part not performed, if it is objectively
unreasonable to expect further compliance
with the contract. The customer shall have no
further claims in such a case, especially for
compensation.
6.3
The provisions in 6.2 above shall apply accordingly
if, for the reasons stated in 6.1, a
normal delivery and performance time has
been exceeded, even in the absence of any
contractually agreed fixed supply or delivery
deadline.
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7. Despatch / Transfer of risk
7.1
Unless agreed otherwise, the product to be
heat treated shall be delivered by the customer
at its own expense and risk and shall
be collected upon completion. Unless agreed
otherwise in writing, delivery shall therefore
be ex works and any despatch agreed by us
shall be uninsured, and in the case of obligations
to be performed at the customer’s place
of business and by remittance, at the customer’s
risk and expense.
7.2
The choice of the means of transport and the
conveyance shall be at our option where
shipment is agreed. However, we will try to
take the customer’s wishes into account with
regard to the type and method of sending.
Additional costs resulting therefrom - including
where freight-free delivery has been
agreed - shall be payable by the customer. If
sending is delayed at the request of or for
reasons attributable to the customer, we shall
store the goods at the customer’s expense
and risk. In this case, notification of readiness
for despatch shall be treated in the same way
as despatch.
7.3
The risk of accidental loss or damage shall
pass to the customer, when the products to
be delivered are handed over to the customer,
carrier, freight forwarder or other companies
appointed to carry out the shipment, but
no later than when they leave our plant, store
or branch, unless there is an agreed duty to
deliver them to the customer. The above
shall also apply if an agreed part-delivery is
made.
7.4
If the sending is delayed because, as a result
of total or partial delay in payment by the
customer, we exercise our right of retention,
or for some other reason attributable to the
customer, the risk shall transfer to the customer
from no later than the date of notification
to the customer of the readiness for despatch.
8. Reporting defects / Breach of duty /
Warranty
8.1
If, for reasons beyond our control, the treatment
is not successful, e.g. because the cli-