- A Unless otherwise stated in writing by the “Seller” the “Seller” shall deliver the Goods by means most convenient to the “Seller” to the address or addresses specified by the “Buyer” at the time of placing his/her order or (in the event that the “Buyer” fails so to specify an address) to any address which the “Buyer” resides or carries on business.
- B If the contract requires the “Buyer” to take delivery of the Goods at the “Seller’s” premises the “Seller” shall notify the “Buyer” of the collection date (being the date on which the goods are or will be ready for delivery) and the “Buyer” shall take delivery of the Goods within 7 (seven) days of the collection date. Loading of the Goods shall be at the “Buyer’s” expense.
- C Should the “Seller” be delayed in or prevented from making the delivery of the Goods or carrying out the Services due to any cause whatsoever beyond the reasonable control of the “Seller” the “Seller” shall be at liberty to terminate the contract or suspend the order placed by the “Buyer” without incurring any liability for any loss or damage arising there from, but without prejudice in any such case to rights accrued to the “Seller” in respect to deliveries already made.
- D While the “Seller” will endeavour to deliver the goods or complete the Services by any date or within any period thereupon agreed, such dates and periods are estimates only given in good faith and the “Seller” shall not be liable for any failure to deliver |goods or carry out Services by such a date or within such a period of time. Time for delivery shall not be an essence of the Contract. Moreover the “Seller” shall be entitled to defer delivery until any monies due from the “Buyer” have been received.
- E Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the “Seller” to deliver any one or more of the instalments in accordance with these conditions or any claim by the “Buyer” in respect of any one or more instalment shall not entitle the “Buyer” to treat the Contract as a whole repudiated.
- F If the “Buyer” fails to take delivery of the Goods or fails to give the “Seller” adequate delivery instructions at the time stated for delivery (otherwise by reason of any cause beyond the “Buyer’s” reasonable control or by reason of the “Seller’s” fault) then, without prejudice to any other right or remedy available to the “Seller,” the “Seller”
may at its option;
- (i) store the Goods until actual delivery and charge the “ Buyer” for reasonable costs (including insurance) of storage or:
- (ii) sell the goods at the best price readily obtainable and (after deducting all reasonable storage expenses) account to the “Buyer” for the excess over the price under the contract or charge the “Buyer” for any shortfall below the price under the Contract. The “Buyer” shall pay such shortfall to the “Seller” within 28 (twenty-eight) days of the “Seller’s” demand therefore.
5. RISK IN GOODS:
- A Save in the case of International Supply Contracts and subject to any agreement in writing by the “Seller”, the risk in Goods, which the “Seller” agrees to, shall pass to the “Buyer” on
- (i) delivery or
- (ii) The date, on which the Goods being ready for delivery, delivery postponed at the “Buyer’s” request,whichever shall first occur? Delivery shall deemed to be completed before off-loading or (in case of delivery at the “Seller’s premises) loading of the Goods.
- B All other goods shall be at the “Buyer’s” sole risk at all times, and the “Seller” shall not be liable for any loss or damage sustained by any Goods left with the “Seller” howsoever caused and whether or not attributable to negligence on behalf of the “Seller”
A Unless otherwise specified in writing by “Seller” payment of the “Seller’s” invoices shall be made by the “Buyer” net cash no later than 30(thirty) days not withstanding that property in the Goods has not passed to the “Buyer” and any separate payment agreed for the Services shall be made no later than 30 (thirty) days after the date of which such Services are completed or, in the event that such Services cannot be carried out, due to the act or default of the “Buyer,” its servants or agents, when the “Seller” is ready to carry out such Services. Time for payment shall be the essence of the contract. Without prejudice to any other rights of the “Seller” interest will be payable at National Westminster Bank Plc base rate plus 4% and for the purposes of clauses 7 and 9 hereof the full purchase price of the Goods or the Services shall include all interest payable hereunder.