Canonical URL(1) The customer shall collect the goods at the agreed delivery date or, if a delivery date has not been firmly agreed, immediately after notification of the provision at the agreed place of performance. If the customer defaults in accepting the goods, Hawk Tools, LLC shall be entitled, at its own discretion and at the customer’s expense, to dispatch the goods, to store them (if not otherwise possible, also outdoors if necessary) or to withdraw from the contract. The customer shall hold Hawk Tools, LLC harmless.

(2) In the event of default by the Customer, Hawk Tools, LLC shall not be liable for the accidental destruction, loss or damage of the goods. In the event of storage of the goods, delivery shall be deemed to have been made at the time of storage and Hawk Tools, LLC shall be entitled to invoice the goods. Storage risks shall be borne by the customer. If Hawk Tools, LLC ships the goods to the customer in the event of default by the customer in accordance with this paragraph, delivery shall be deemed to have been made at the time of notification of provision at the agreed place of performance.

(3) If, in deviation from paragraph 1, it is agreed that Hawk Tools, LLC is obliged to ship the goods, the transport shall be at the expense of the customer and the choice of the means of transport and the transport route shall be at the discretion of Hawk Tools, LLC in the absence of special instructions. The risk shall pass to the customer at the time the goods are handed over to the carrier by Hawk Tools, LLC.

(3) Information on delivery periods is always non-binding. Fixed delivery dates require a separate written agreement. Binding delivery periods shall commence upon receipt of the order confirmation signed by the customer. Partial deliveries are permissible.

(4) Significant, unforeseeable operational disruptions, delivery delays or delivery failures of Hawk Tools, LLC’s suppliers for which Hawk Tools, LLC is not responsible, as well as operational interruptions due to shortages (in particular shortages of raw materials, energy or labor), strikes, lockouts, traffic disruptions, official control measures, official requirements and cases of force majeure (in particular war, epidemics, pandemics, etc.) at Hawk Tools, LLC and/or its suppliers shall postpone the delivery date by the duration of the impediment to performance. Hawk Tools, LLC shall inform the customer promptly of the beginning and end of such hindrances. If delivery is delayed by more than two months as a result, both the customer and Hawk Tools, LLC are entitled to withdraw from the contract with regard to the quantity affected by the disruption in delivery, to the exclusion of claims for damages.

(5) In the event of non-compliance with delivery dates declared as binding through the fault of Hawk Tools, LLC, the Customer may withdraw from the part of the contract not fulfilled by the end of the second period of grace after setting a reasonable period of grace twice (but at least 10 calendar days). Claims for damages due to delayed delivery are excluded in any case.

(6) An over- or under-delivery of up to 10% of the ordered goods is permissible. Over-deliveries and under-deliveries in excess of this must be agreed with the customer.