4.5.1. The total payment of the purchase price is the precondition of delivery.
4.5.2. The date of delivery shall be within 14 days after the payment of the purchase price. The Parties shall agree in writing on the exact date and time of delivery within these 14 days. Should the Parties not agree on the date of delivery, the date of delivery shall be the 14th day (if it is a working day, if not, the previous working day) after the payment of the purchase price.
4.5.3. If the Customer causes any delay in the delivery, OPTIMA 2747 may send a notification to the Customer via e-mail or post, providing a new delivery deadline for the Customer. Should the deadline provided in the notification pass without the delivery, OPTIMA 2747 may withdraw from the sale and purchase agreement (see: Section 8.1). In this case OPTIMA 2747 may remove the “Sold” sign from the Website concerning the Pigeon and sell the Pigeon to someone else.
The Customer shall refund any and all costs or damages caused through his/her/its delay.
4.5.4. OPTIMA 2747 does not undertake the transportation of the Pigeons. The Customer may (i) receive the Pigeons at the OPTIMA 2747’s branch office or (ii) organize the transportation of the Pigeons for himself/herself/itself.
4.5.5. Should the Customer choose to receive the Pigeons at the OPTIMA 2747’s branch office, the Customer may receive the Pigeons in person or through an authorized person. The Customer or the authorized person shall duly prove his/her right to receive the Pigeons.
The Parties shall jointly check, immediately prior to the delivery, the condition of the Pigeons. The Parties shall record the details of the transfer of possession concerning the Pigeons. OPTIMA 2747 shall hand over the invoice about the payment of the purchase price to the Customer upon delivery. 4.5.6. Should the Customer choose to organize the transportation of the Pigeons, the Customer shall bear any expenses and costs arising in connection with the transportation.
OPTIMA2747 shall hand over the record including the details of the transfer of possession as well as the invoice about the payment of the purchase price to the carrier. OPTIMA 2747 excludes any liability for the acts or omissions of the carrier, as well as for any damages occurring after OPTIMA 2747 handed over the Pigeons to the carrier.
4.5.7. From the date of handing over the Pigeons to the Customer or the carrier, the Customer shall bear any damages caused to the Pigeons, any expenses and costs arising in connection with them. Further, from this date, the Customer shall be entitled to any benefits of the Pigeons.