Section XX. Notification of shipment
Art. 46
46.1 The Seller shall inform the Buyer by telecommunication of the means of transport and date
planned (by sea: name of vessel; by rail and by road: name of transport company, by air: name of
airline and flight number).
46.2 In the case of trans-oceanic shipment, this information shall be in possession of the Buyer
before its departure.
Section XXI. Default of shipment
Art. 47
47.1 If the Seller does not ship during the period indicated in article 44, and the Buyer does not wish
the contract to be declared null and void, the Buyer shall grant an extension of time to the Seller by
telecommunication. This extension of time shall be granted no more than 30 days following the expiry
of the deadline for shipment stipulated in the contract.
47.2 The extension of time shall not be less than:
- 3 days for "immediate shipment"
- 7 days for "prompt shipment"
- 14 days for shipment at longer term
Art. 48
48.1 If the shipment takes place during the extension of time, the Buyer shall not have the right to
claim for damages.
48.2 If the shipment does not take place during the extension of time, the Buyer shall have the right
to cancel the contract and to claim for direct damages, such as interest and price difference. The
Buyer shall convey his decision to the Seller by telecommunication.
Art. 49
If the Buyer accepts the shipment after the expiration of the extension of time, all incurred damages
shall be agreed to by mutual consent before the actual shipment.
Art. 50
If the contract specifies "without delay" or "latest", or if a similar terminology stipulates that there is no
extension implied in the terms of the contract, the Buyer is not obliged to grant an extension of time.
The same applies, if the Seller has definitely denied fulfilling the contract