a) Place of performance is the place of performance determined as the delivery address in the order by ET. Unless other provisions are stipulated, the place of performance is the registered office of ET in 6020 Innsbruck.
b) The risk is transferred after the goods have been accepted by an employee authorized by ET for this purpose at the respective place of performance determined by ET.
c) The date of delivery is agreed as binding or, respectively, as a fixed date. If delivery periods are agreed, they shall commence to run upon the legally valid conclusion of the contract. As soon as it is recognizable for the Supplier that a timely delivery is not or only partly possible, ET shall be informed thereof without delay in writing indicating the reasons and the estimated duration of the delay and ET’s consent, if any, to modify the contract shall be obtained. Unless otherwise agreed upon, partial deliveries require the prior written consent of ET; this shall also be applicable to early deliveries. The acceptance of partial deliveries or early deliveries does not represent such a consent. The acceptance of late deliveries does neither represent a waiver of ET for claims it is entitled to due to late deliveries.
d) A non-binding delivery tolerance of up to +/- 10 % for each quantity ordered is granted. Excess deliveries are only paid by ET within this tolerance margin if applicable. Fixed quantity orders which do not oblige ET in any case at all to pay a quantity deviation regarding the quantity ordered are excluded therefrom.
e) The goods shall be securely and properly packed in a sufficient manner; unless otherwise agreed upon, the Supplier shall be obliged to deliver them on pallets of EPAL (European Pallet Association). Damages which result from an improper packaging before the goods are accepted by ET shall be borne by the Supplier.
f) The goods shall conform to the respective current data sheet confirmation specifying the agreed quality.
g) If the Supplier is in default of delivery, ET shall – irrespective of whether or not a withdrawal from contract is made – be entitled to charge a contractual penalty regardless of culpability amounting to 3 % of the respective total order sum (fixed price) excluding VAT for every commenced calendar day of default. The assertion of an exceeding damage and of other claims is reserved by ET.