In the event of VM Tarm a/s’ delay, the buyer may by written notification require delivery to the seller within a reasonable deadline, which may not be shorter than one week, in the event of longer than six months’ delay, and if the product is still not delivered. If VM Tarm a/s does not deliver within this deadline, and this is not due to circumstances for which the buyer is liable, by written notification to VM Tarm a/s the buyer may cancel the agreement with regard to the element of the product that, due to the lack of delivery by VM Tarm a/s, cannot be taken into use as expected by the parties.
If the buyer cancels the agreement, the buyer will be entitled to compensation for the direct loss suffered by the buyer as a consequence of VM Tarm a/s’ delay, whereby the buyer will not be entitled to compensation for indirect losses, including loss of revenue. The total compensation to be paid in accordance with this provision may not exceed 10 per cent of the part of the agreed purchase sum which covers the part of the product for which the agreement is cancelled.
In the event of delay, the buyer will not be entitled to contractual penalties in accordance with ORGALIME S 2012, clauses 14-16.
Cancellation of the agreement with limited compensation is the only power that may be invoked by the buyer as a consequence of VM Tarm a/s’ delay. No other claims may be made against VM Tarm a/s due to any such delay except where VM Tarm a/s has been guilty of gross negligence.
The purchased product will not be delivered from VM Tarm a/s until the entire purchase sum has been credited to VM Tarm a/s’ account.