Delivery time means the period specified in the Agreement within which the agreed performance must be carried out. This is never a strict deadline but is determined approximately.
If a deadline is exceeded, the Client must give JustFire written notice of default and offer a reasonable period to still execute the agreement.
If and insofar as proper execution of the agreement requires it, JustFire has the right to have certain work performed by auxiliary persons and third parties. When engaging third parties, JustFire will exercise due care. JustFire is not liable for damage resulting from shortcomings of third parties.
Any additional work to be performed by JustFire may result in a reasonable extension of the delivery time.
Delivery is ex works JustFire, unless otherwise agreed in writing.
If delivery on demand is agreed, the delivery time agreed in the Agreement applies from the date of demand. Demand must be made within nine months after the conclusion of the agreement.
If the agreed goods are not accepted after being offered for delivery, JustFire will make a second delivery within a reasonable period. JustFire is then entitled to charge storage costs and any further demonstrable damage.
In case the agreed goods are not accepted after a second delivery, JustFire will consider the agreement cancelled, whereby the cancellation amount will be increased by all incurred costs.
In case of refusal by the Client after a second offer, JustFire has the right to dissolve the contract wholly or partially and claim compensation for the damage suffered.
If no exact delivery date has been agreed, but a period within which delivery must be made, the Client must, notwithstanding the obligation included in paragraph 1, timely provide JustFire with a delivery period.
