Delivery will be deemed to have been effected when the goods leave the premises of the company, or as the case may be the premises of the company’s suppliers in circumstances where the goods are delivered direct from such suppliers to the buyer.
Any dates quoted by the company for delivery of the goods are intended to be an estimate and time of delivery is not the essence of the contract. The Company reserves the right to make a delivery by installments and to tender a separate invoice in respect of each installment. Any delay in delivery will not entitle the buyer to terminate or rescind the contract nor to claim damages unless such delay exceeds 30 days, and therefore unless the delay exceeds such number of days.
The buyer shall be bound to accept delivery and pay for the goods in full. The buyer shall either itself, or by its duly authorized representative sign the delivery docket as acknowledgement of the delivery provided that on delivery to the address nominated by the buyer the company shall be entitled to assume that any signature given is that of the buyer or such a representative. The buyer shall notify the company within 3 working days of the date of delivery of the goods if the consignment of the goods delivered is in complete. Notwithstanding the receipt by the company of any such notice a clear signature on a carrier’s delivery sheet by such representative shall be deemed to signify receipt of the quantity of goods indicated on the advice sheet. If for any reason the buyer will not accept delivery of any of the goods when they are ready for delivery, or the company is unable to deliver the goods on time because the buyer has not provided appropriate instructions, documents, licenses or authorizations:
Risk in the goods will pass to the buyer (including for loss or damage caused by the company’s negligence)
The goods will be deemed to be delivered
The company may store the goods until delivery where upon the buyer will be liable for all related costs and expenses (including without limitation, storage and insurance).
The buyer shall inspect the goods on delivery and shall within 7 working days of the date of delivery notify the company in writing of any shortages in quantity or failure to comply with the description. If the buyer shall fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with the contract and the buyer shall be deemed to have accepted the goods. In all cases where the company receives details of such shortages or failure to comply with the previous description, the company shall be under no liability in respect there of unless a reasonable opportunity to inspect the goods is provided to the company before any use is made there of or any alteration or modification is made to the goods by the buyer.
The company shall make good any of the above defects, and where deemed faulty, as soon as it is reasonably able to do so, except as otherwise provided in these terms, shall be under no liability whatsoever or howsoever arising for such defects or damage.