5.1. The delivery of Products will take place at an address provided by Customer, whereby Autarco strives for a delivery time in accordance with the Agreement.
5.2. The agreed upon delivery time is not a definite time. If Autarco cannot deliver timely, Customer must give Autarco formal notice in writing and provide a reasonable period allowed for compliance. All liability regarding non-timely delivery is hereby excluded by Autarco including but not limited to financial damages arising from unrealized revenue from the Products.
5.3. Autarco is entitled to fulfill the Agreement in parts. If the Products are delivered in delivery installments, Autarco entitled to invoice each installment separately.
5.4. If, after the conclusion of an Agreement, the Product is not available anymore, or at least is no longer available within a reasonable time, to be determined by Autarco, Autarco is entitled to supply a similar Product, at the discretion of Autarco. Autarco is entitled to adjust the agreed upon price accordingly.
5.5. In case there is any amendment to the Agreement referred to in clause 5.4 are both Autarco and Customer are entitled to terminate the Agreement by registered letter within ten (10) business days after notification by Autarco of the change.
5.6. Autarco retains ownership of all delivered goods as long as Customer has not fully complied with the payment obligations towards Autarco as stipulated under the agreements or provision of goods or products, claims regarding a failure in the performance of such agreements included.
5.7. As long as there is retention of title, the Customer may not burden the delivered Products outside its normal business conduct.
5.8. Customer irrevocably authorizes Autarco access to the place of the delivered goods to repossess these. Customer is liable for the costs incurred by Autarco for repossession.
5.9. Customer agrees to a possessory lien on the Products now and at the first request of Autarco should the retention of title by Autarco be nullified at any time.
5.10. All Products, incl. samples for temporary use, delivered to the Customer are completely at its account and risk from the moment of actual delivery.
5.11. If the delivery is suspended at the request of the Customer, the goods can be stored at the expense and risk of the Customer. In such case, it may be required to complete the payment of the storage cost related invoice prior to delivery.
5.12. Customer is obliged to accept the Products at the time they are made available to the Customer. If the Customer refuses or fails to provide information or instructions necessary for the delivery, the Products will be stored up to four (4) weeks at the expense and risk of the Customer. In such case, it may be required to complete the payment of the storage cost related invoice prior to delivery.
5.13. If the Customer does not take delivery of the Products within the period referred to in Section 5.12 or if the Customer indicates they won’t be able to take the Products, it will void the delivery obligation of Autarco and the Customer incurs an immediately payable forfeit of 10% of the invoice value of the Products.
5.14. Unless the Agreement states otherwise, the Customer is not entitled to return ordered and received Products.
5.15. Customer must inspect the Products upon delivery and must check that the delivered goods conform to the Agreement.
5.16. Visible defects must be noted on the delivery note or the transport document and should be reported immediately to Autarco.
5.17. Non-visible defects must be reported to Autarco in writing within three (3) business days after delivery and include a report and reference to the Autarco invoice.