This addendum is made in conjunction with SEIBERT-PFV’s General Terms and Conditions (“GTC”), which can be found on SEIBERT-PFV’s website (www.seibert-pfv.de). This addendum concerns the availability, delivery schedule and pricing of the products in period Q1-Q4/2022. In principle, the conditions agreed in the GTC apply. The conditions agreed in this addendum supplement the GTC for an initially limited period of time and are part of a specific sale/purchase agreement in which SEIBERT-PFV as seller and the other party as buyer (buyer or customer) agree on the purchase resp. sale of the products manufactured and delivered by SEIBERTPFV.
Due to the current disruptions in the international markets, such as the worldwide shipping crisis, the worldwide disruptions in manufacturing of industrial components as well as the effects in connection with the impact of the spread of the Corona virus, it may prove impossible for SEIBERT-PFV e.g.
- to ensure continuous production at SEIBERT-PFV without interruptions due to the unavailability of raw materials, additives and other operating supplies
- to avoid additional freight cost items for outgoing freight, e.g. freight facility surcharges,standing charges or similar, which are charged by the forwarders
- to avoid changes in the delivery schedules of the products due to the above factors.
For these reasons and notwithstanding anything to the contrary in the GTC, SEIBERT-PFV reserves the right and makes the following reservations:
- SEIBERT-PFV may include additional freight cost items directly in prices and customer invoices;
- SEIBERT-PFV may change the delivery schedule based on the above factors by notifying the buyer of such change;
- the buyer will be bound by such changes and will not be entitled to any compensation as a result of the changes made by SEIBERT-PFV
- all such disruptions will be considered events of force majeure.
Furthermore, SEIBERT-PFV reserves the right to
- to inform the customers about production interruptions and delays caused by the unavailability of raw materials, additives and other operating resources due to the possible interruption of the supply chains worldwide and/or the impact of the Corona pandemic
- to inform our customers that in case of production interruptions due to the above mentioned reasons (force majeure) SEIBERT-PFV is not obliged to organise extraordinary and costintensive special transports of raw materials in order to ensure uninterrupted production
- to inform our customers that in possible cases of production stops or imminent production stops due to the above-mentioned reasons (force majeure) and/or caused by Corona-related staff absences, the impact on the resulting delay in product delivery may be moderated by extraordinary actions, which in turn will not be without impact on the price of the product. The possible use of extraordinary measures shall be agreed separately;
- propose a reduction or elimination of the threatened delay in product delivery at a new price level of the product, which must be agreed separately between the customer and SEIBERTPFV.