Deliveries of Product shall be made according to the agreed project plan or the delivery timeframe declared in the offer, depending on availability and manufacturing capacity at the time of order placement. Such project plan and delivery times will be confirmed and agreed upon at order placement time.
HUBMASTER is authorized to make partial or whole deliveries.
In any event, HUBMASTER will not be able to comply with its announced delivery times in the following cases:
- If the Purchaser has not complied with the terms of payment, or;
- If the Purchaser has not complied with the acceptance terms by signing the detailed technical specifications and associated drawings, or;
- In case of force majeure. Force majeure shall be deemed to exist in case of any event outside HUBMASTER’s control that impedes its normal functioning at the stage of the manufacture, dispatch or installation of the Products;
- In case of an event such as a lock-out, partial or total strikes hindering the smooth functioning of HUBMASTER or one of its suppliers, sub-contractors or shipping agents, disruption of transport, of energy supplies, raw materials or spare parts, epidemic, war, requisition, fire, bad weather, natural disasters, equipment accidents, delays in transportation or any other cases generating a total or partial work stoppage, or;
- In case that the information to be provided by the Purchaser does not reach HUBMASTER in due time, particularly in case of changes or new specifications regarding the Products, or;
- In case that information provided by the Purchaser is not accurate, unclear or deficient, particularly in case of dimensional inaccuracies of the area of installation or the materials and their accessories to be handled and stored, or;
- In case of necessary repairs or fixes as results of unforeseen interferences or accidents during the supply, delivery or installation of the Products, whatever their reason or nature, origin or cause, or whenever other contractors are involved, or;
- In case of finding not suitable floors preventing the normal installation of the Products, unless these have previously been declared by the Purchaser and acknowledged by HUBMASTER in the offer, for reasons such as localized surface damage, insufficient slab resistance, slopes larger than the minimum requirements and any other obstructions in the way of the Product, or;
- In case of adverse weather conditions preventing the progression of the order.
Delays in delivery for these causes shall not create any liability for HUBMASTER. In any case, Delays of any type and cause shall not authorise the Purchaser to cancel the order, refuse receipt of the Products or claim damages, interest payments or penalties of any nature whatsoever.