Delivery Time - The delivery time is considered contractual from the date of receipt by the seller of:
- The order from the Purchaser to begin execution of the contract which constitutes acceptance of the DUB PERFORMANCE tender’s clauses and present conditions or DUB PERFORMANCE acceptance for receipt of order including amendment for special conditions.
- the down payment specified for order confirmation
- all necessary information to enable us to proceed, which are under the purchaser’s responsability.
- DUB PERFORMANCE liabilities for contract will be suspended and legally extended:
- if one of the above-mentioned conditions is not carried out.
- if Purchaser does not respect its liabilities or date for payment.
- in the event of Force majeure or circumstances as labor conflicts, natural disasters, epidemic, war, requisition, fire, shortage, riots, transportation incidents or any other event out of DUB PERFORMANCE control or the control of DUB PERFORMANCE subcontractors. Purchaser shall be informed of such events.
- in the event of variation or suspension of the work by purchaser’s instructions or lack of instructions, the delivery date shall be extended accordingly.
- if delay for dispatch or delivery is caused by Purchaser, its appointed forwarding agent or caused by administrative and custom’s procedures, as soon as goods were deemed ready for dispatch.
DUB PERFORMANCE delivery dates are based on readiness for shipment in DUB PERFORMANCE factory, not packed. A failure to dispatch or deliver gives no motive for cancellation of contract.
Delivery - A partial delivery is allowed.
DUB PERFORMANCE liabilities for transportation are according to the rules EX Works set forth in the Incoterms 2013 of the CCI in Paris.
Liquidated damages for delay in delivery can only be applied as following:
- if reasons for delay in delivery are exclusively from DUB PERFORMANCE, excluding causes enumerated in the clause «Delivery Time» and Additional services provided on Purchaser’s request or provided in his name.
- if the Purchaser has suffered a real loss and it has been verified by DUB PERFORMANCE and if the Purchaser has paid penalties due to a late delivery by DUB PERFORMANCE.
- if a special clause which specific conditions has been accepted by the seller. The risk transfer, insurance and delivery costs shall be per Incoterms 2013.
Purchaser shall insure storage and commissioning for the equipment. He must inspect goods upon delivery and make any reserves and claims against carriers. If DUB PERFORMANCE provide carriage on Purchaser’s request, it will not amend contractual liabilities, except by a written acceptance from seller.
Within 14 days after notification that goods are available for dispatch from DUB PERFORMANCE works and without any effective delivery, DUB PERFORMANCE shall be entitled to arrange storage either at DUB PERFORMANCE works or elsewhere on Purchaser’s behalf and all charges for shall be payable by him. Purchaser will remain liable and be in charge of insurance for goods. In such event, delivery of goods by DUB PERFORMANCE will be deemed to be effective and payment shall become due upon presentation of a certificate of storage in place of bill of lading or any other contractual documents.