VI. Avoidance of the Contract
1. 1. The customer is entitled to declare the contract avoided, if the respective applicable legal requirements are complied with, after he has threatened AluTeam in reasonable time after the facts justifying the avoidance of the contract had occurred with avoidance of the contract in writing and an additional period of time of reasonable length for performance fixed in writing has expired to no avail. If the customer claims delivery of substitute goods, repair or other performance, he is bound for a reasonable period of time to the chosen remedy, without being able to exercise the right of declaring the contract avoided. In any event, the customer must give notice of avoidance of the contract within reasonable time after the additional period of time has expired in writing and to AluTeam directly.
2. Without prejudice to his continuing legal rights, AluTeam is entitled to avoid the contract in whole or in part if the customer objects to the application of these International Conditions of Sale, if the implementation or performance of the contract is prohibited by the law in whole or in part, if on grounds for which AluTeam is not responsible the written acknowledgement of the order by AluTeam is received by the customer more than fourteen (14) calendar days after its date of issue, if insolvency proceedings relating to the assets of the customer are applied for, or if for other reasons AluTeam cannot be expected to fulfil his obligations by means which - taking into consideration his own interests and that of the customer as far as ascertainable and legitimate at the time of formation of the contract - are unreasonable, in particular in relation to the agreed counter-performance.
3. Without prejudice to his continuing legal rights, AluTeam is entitled to avoid the contract in whole or in part after prior warning if the customer does not place call off orders as agreed, if he does not furnish AluTeam with the data necessary to apply for customs formalities in due time, if without providing a justifiable reason he does not meet fundamental obligations due towards AluTeam or towards third parties, if he has provided inaccurate information regarding his creditworthiness or to the extent that the cover given by a credit insurer is reduced on grounds for which AluTeam is not responsible.
