The delivery term will be based upon the agreements reached between the customer and ESS. To comply with the delivery terms it will be necessary for all commercial and technical questions between the customer and ESS to have been clarified and that the customer has satisfied all of its obligations, eg approvals of specifications, agreed advance payment has been made, etc. Should this not be the case, the delivery terms may be extended accordingly. This will not apply to the extent that ESS is responsible for the delay.
Compliance with the delivery terms will be subject to correct and timely delivery of raw materials and supplies to ESS. We will update the customer immediately upon notification of any possible delays.
The delivery terms will be deemed to have been observed if the supplied items have left ESS factory or notification of readiness for shipment has been made prior to expiry of the delivery term.
Should failure to meet the agreed delivery term be caused by force majeure, strikes, lock-outs or other events beyond the control of ESS, the delivery term will be appropriately extended. This will also apply if a sub-contractor is subjected to such circumstances. Nor will the above-described circumstances be the responsibility of ESS if they arise during the course of an existing delay. Again, ESS will inform the customer immediately upon notification of such occurrences.
If the shipment is delayed at the request of the customer, ESS reserve the right to invoice the customer in full for the items and if applicable to charge the customer any storage costs incurred, commencing one month following notification of readiness for shipment.
The customer is required to inform ESS immediately following delivery or within an acceptable period following delivery of any damage or fault with the goods. After such period it will be assumed that the customer has accepted the goods and payment in full will be expected within the agreed payment period.
ESS shall retain title to the supplied item until any and all payments have been received.
ESS shall be entitled to insure the supplied item against theft, breakage, fire, water or other perils at the customer’s expense unless the customer provides evidence that it has taken out such insurance coverage itself.
Should the customer be in breach of the contract in particular in the case of payment default, ESS will be entitled to retrieve the supplied item following the issue of a warning notice, and the customer will be required to surrender the supplied item.