Unless agreed otherwise, we shall have the right to determine mode of transport (especially the forwarder, form of transport, packaging) ourselves. In case of shipping on customer's request, delivery terms and dates shall refer to the time of handover to the carrier or other third parties charged with transport. We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier.
5.2 The risk of accidental loss or accidental deterioration of the goods shall pass to the customer by no later than the goods being handed over to the carrier, forwarder or other third parties charged with transport (the commencement of the loading process shall be decisive). This shall also apply if partial deliveries are provided and irrespective of who bears the shipping costs.
5.3 Where acceptance is agreed, the risk shall pass upon acceptance. Moreover, the statutory provisions of the law governing contracts for work shall apply mutatis mutandis to any acceptance that was agreed. If shipping or handover is delayed for a reason caused by the customer, the risk shall pass to the customer on that day on which we are ready for dispatch and have notified the customer thereof.
5.4 If acceptance has to take place, the purchase item shall be deemed accepted if (a) the delivery was made, (b) we have notified the customer thereof under reference to this notional acceptance and if we have requested the customer to accept the item within a reasonable period, and (c) when the customer has not refused acceptance within this period by stating a not just minor and actually existing – or an under objective assessment at least likely – defect.