Place of performance for both parties to the contract shall be Dresden.
2. place of jurisdiction is - if the buyer is a registered trader or §§ 38 para. 1 ZPO is fulfilled - Dresden. We can also sue the buyer at his place of jurisdiction. 3.
(3) The German law applicable at our place of business shall apply. The Uniform Laws on the International Sale of Goods shall not apply.
B. Execution of Delivery I. Force majeure and other delivery conditions
1. events of force majeure entitle us to postpone delivery for the duration of the impediment plus a reasonable start-up period or to withdraw from the contract in whole or in part due to the part of the delivery not yet fulfilled. Force majeure shall include strikes, lockouts, mobilization, war, blockades, export and import bans, shortages of raw materials and energy, fire, traffic blocks, disruptions to operations or transport and other circumstances for which we are not responsible, irrespective of whether they occur at our premises, those of our suppliers or those of a subcontractor. 2.
2. the purchaser may demand a declaration from us as to whether we intend to deliver or withdraw within a reasonable period of time. If we do not make such a declaration within a reasonable period of time, the Buyer may, for his part, withdraw from the part of the delivery not yet fulfilled. 3.
3. a declaration made to us by our supplier or sub-supplier concerning circumstances occurring at his premises in accordance with clause 1 shall be deemed sufficient evidence that we are prevented from making delivery.
II Delivery Periods, Delivery Dates
(1) All our deliveries and delivery dates are subject to complete self-delivery, unless we are responsible for the delay or non-delivery. We do not assume any liability for punctual transport.
2. delivery periods shall commence on the date of our order confirmation, delivery periods and dates shall refer to the time of dispatch ex works or ex warehouse. They shall be deemed to have been met upon notification of readiness for dispatch if the goods cannot be dispatched on time through no fault of our own.
3. after the occurrence of a delay in delivery, the purchaser shall only be entitled to withdraw from the contract due to culpable non-compliance with the delivery period if he has granted us a reasonable period of grace by registered letter to no avail. A grace period of at least 8 weeks shall be deemed reasonable.
III Shipment, Transfer of Risk, Partial Delivery, Continuous Delivery
(1) We shall determine the route and means of dispatch as well as the forwarding agent or carrier, unless otherwise agreed in writing.
2. goods reported ready for dispatch in accordance with the contract must be called off immediately, otherwise we shall be entitled to dispatch them at our discretion at the expense and risk of the purchaser or to store them at our discretion and to invoice them immediately.
3. the means of transport and protection as well as the route of dispatch are at our choice to the exclusion of any liability.
4. with the handing over of the material to a forwarding agent or carrier, at the latest, however, when the material leaves the warehouse or the delivery plant, the risk shall pass to the Buyer, even in the case of carriage paid delivery or a seizure of the material in all transactions.
(5) We are entitled to make partial deliveries to a reasonable extent, provided that an individual agreement does not contradict this. Excess and short deliveries of the concluded quantity are permissible up to 10%. 6.
(6) In the case of contracts with continuous delivery, call-off orders and special allocations for approximately the same monthly quantities shall be placed with us. If call-offs or special allocations are not made in good time, we shall be entitled, after setting a grace period to no avail, to allocate and deliver the goods ourselves or to withdraw from the part of the contract still in arrears and to claim damages.