|
Delivery
Unless otherwise agreed in writing by the Company, delivery of the Goods or Services shall take place at the Company's place of business.
The Buyer shall take delivery of the Goods within 7 days of the Company giving it notice that the Goods are ready for delivery. Any date specified by the Company for deliveries of Goods or Services is intended to be an estimate. The Company will take reasonable steps to meet any such estimate however occasionally delivery may be affected by factors beyond its control and so cannot be guaranteed. Time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days. If for any reason the Buyer fails to accept delivery of any of the Goods or Services when they are ready for delivery in accordance with condition 4.2, or if the Company has duly agreed to deliver the Goods or Services at any other place but is unable to so deliver on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations except where this is caused by the Company’s failure to comply with the Terms: (a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence); (b) the Goods shall be deemed to have been delivered and the Company shall have no liability to the Buyer for late delivery; and (c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for the Company’s reasonable related costs and expenses (including, without limitation, storage and insurance). If the Buyer has not taken delivery of the Goods within 30 days of the Company notifying them that they are ready, the Company may, after giving the Buyer reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below their price. If the Company delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity accepted by the Company, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate. The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment. |