a) The delivery dates agreed with the Supplier shall be binding. Compliance with the delivery period shall be determined by the date of receipt of the Products at the destination specified by CALMAN Power.


b) If the Supplier is in delay of delivery by other reason than force majeure, then the Supplier shall incur a contractual penalty of 1% of the purchase price of the delayed Products for each commenced week of the delay in delivery, extending to a maximum, however, of 10% of the said purchase price. This shall not affect the right to assert claims for compensation. The Supplier must also reimburse inter alia the following costs: special travel costs (both from suppliers to CALMAN Power and from CALMAN Power to its customers), additional preproduction costs, additional costs caused by special shifts, loss of production costs, replacement/conversion costs, additional test costs and lost profit. Any contractual penalty due shall, however, be credited against any asserted claim for compensation.

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