Delivery of Goods
Delivery of the Goods shall be made by the Supplier delivering the Goods to the place specified in the accepted order. For the purpose of International shipments, if not stated otherwise, all deliveries are ex-works.
The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.
If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provision of previous Condition of these Conditions risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.
With effect from the Commencement Date the Supplier shall, in consideration of the amount(s) being paid in accordance with the accepted order will provide the services expressly identified in the schedule or otherwise agreed under this agreement.
Non-Delivery of Goods and Services
- If the Supplier fails to deliver the Goods or Services and any of them on the Delivery Date other than for reasons outside the Supplier’s reasonable control or the Customer’s or its carrier’s fault:
- If the Supplier delivers the Goods and Services at any time thereafter the Supplier shall have no liability in respect of such late delivery;
- If the Customer gives written notice to the Supplier within 30 business days after the Delivery Date and the Supplier fails to deliver the Goods and Services within 30 Business Days after receiving such notice the Customer may cancel the order and the Supplier’s liability shall be limited to the excess (if any) of the cost of the Customer (in the cheapest available market) of similar goods to those not delivered over the price of the Goods not delivered.
If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within seven days of such delivery, the Supplier shall at its option:
- replace the defective Goods within 30 days of receiving the Customer’s notice; or
- refund to the Customer the price for the goods which are defective;
- however, the Supplier shall have no further liability to the Customer in respect thereof and the
Customer may not reject the Goods if delivery is not refused or notice given by the Customer as aforesaid.
No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer.
The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Supplier’s approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.
Goods, other than defective Goods returned under previous 2 conditions, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier.
Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Customer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer’s failure to comply with this condition.