Delivery
1. Delivery time
Delivery shall be made as agreed. Unless otherwise agreed, the delivery timed stated in Seller’s order confirmation shall apply.
Delivery can be made via partial deliveries.
2. Delivery terms
Delivery shall be made pursuant to the agreed INCOTERM and delivery place. Where no delivery terms have been agreed, delivery shall be made Ex Works pursuant to the INCOTERMS applicable at the time of execution of the Agreement.
3. Damage in transport
Any visible damage on packaging at delivery shall be notified by Buyer to the driver of the carrier. Buyer is responsible to ensure that the damage is registered on the waybill before the delivery is confirmed as received by Buyer. Furthermore, Buyer is responsible to keep relevant packaging material, address note and any freight pallet received with the damaged delivery.
If the Product was damaged during transport, Buyer shall also report this with Seller’s customer service without delay, however not later than within five (5) working days from the receipt of the delivery.
4. Buyer’s obligation to take receipt of the Product
Buyer shall take receipt of the Product on the agreed delivery date. If Buyer fails to take receipt of the Product, Buyer shall nevertheless make payment as though delivery had taken place. Seller shall ensure that the Product is stored at Buyer’s risk and expense. Seller shall be entitled to terminate the Agreement where Buyer’s delay in taking receipt of the Product is unreasonable.
5. Product acceptance
The Product shall be deemed finally accepted upon delivery unless the Agreement specifies acceptance based on successful Site Acceptance Testing (SAT). SAT shall be conducted in accordance with the SAT documentation provided for in the Agreement or, in the absence of such materials, in accordance with Seller’s established practices.
Save for when SAT shall be conducted, Buyer shall without unreasonable delay after delivery has taken place check that the Product supplied conforms to the characteristics specified in the Agreement.