All Products shall be delivered ex works (HOUNÖ’s address).
Ex works shall be interpreted in accordance with the version of Incoterms in force at the time the parties enter into the Contract.
When delivery is completed, no Products can be returned to HOUNÖ for crediting without HOUNÖ’s written approval.
Delivery delayed in relation to the delivery date stated on the order confirmation by up to 30 days shall be considered delivery on time, and shall not entitle the Buyer to claim breach of contract.
Only if delivery is delayed beyond 30 days after the stated delivery date and as the sole remedy in case of such delay, the Buyer can either (i) demand delivery or (ii) cancel the Contract.
If the delay of any delivery is due to any circumstances, which represent Force Majeure, cf. clause 14, or are caused by any act or omission of the Buyer, including but not limited to non-payment for earlier deliveries, the delivery date shall be extended to the extent deemed to be reasonable under the circumstances.
The delivery date shall also be extended if the cause of delay occurs after the expiry of the original delivery date.