The time for delivery shall be calculated from the date of acceptance of order by the Seller or from the date of its receipt of all information required to fulfil the order, if later.
The time for delivery shall not be of the essence of the contract.
The Seller shall be entitled to make partial deliveries and these conditions shall apply to each
The Seller shall endeavour to meet the Buyer’s delivery requirements but shall not be liable for any loss or damage caused by delay in delivery and the Buyer shall not be entitled to cancel the contract because of such delay.
Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of the contract as regards to other deliveries.
Unless otherwise agreed, delivery shall be affected at the premises of the Buyer or other place specified in the contract for delivery and the method of carriage and choice of carrier shall be determined by the Seller.
The Buyer shall be responsible for paying the Seller’s carriage charges unless it shall make its own arrangements with the agreement of the Seller prior to the Seller arranging carriage. If the goods shall be collected by the Buyer or by a carrier pursuant to arrangement made by the Buyer, delivery shall be deemed to take place on collection.
If delivery should be delayed at the request of the Buyer, the Seller may place the goods in store at the Buyer’s risk and the Buyer shall pay such storage costs and other costs incurred by the Seller as a result of such delay
Title & Risk
Title to the goods shall remain in the Seller until payment in full is made by the Buyer.
The provisions of paragraph 9.1. shall not prevent the Buyer from fixing the goods to any other product or selling the goods in the normal course of business but in the event of sale to the extent of the Buyer’s indebtedness to the Seller in respect of the goods, the Buyer shall hold the proceeds of sale or the right to receive the same on trust for the Seller and shall, at its request, either (i) place the proceeds of sale in a separate account of the Buyer in such a way as to be identifiable as in the beneficial ownership of the Seller, or (ii) assign the right to receive the proceeds of sale to the Seller.
If the Buyer shall default in payment for any goods and any time when the Seller shall have reasonable grounds for doubting that payment for the goods will be made on due date, the Seller, without prejudice to its other rights, may enter upon any land or premises where the goods may be, to detach them if fixed, and to recover possession of them.
The risk in the goods shall pass to the Buyer on delivery or placing in store, in accordance with paragraph 8.3.
Damage in transit
The Seller shall have no liability in respect of goods lost or damaged in transit unless the Buyer or its agent notes such loss or damage on the delivery receipt and gives notice thereof in writing to the Seller and the carrier within 7 days of delivery or such shorter period as may be required by the carrier’s conditions of carriage or, in the case of the whole consignment failing to arrive, gives notice thereof in writing to the Seller within 7 days of receipt of the Seller’s invoice or dispatch note or the estimated date of delivery, if later.
The Seller’s liability in respect of goods lost or damaged in transit shall be limited to repairing or replacing such goods.