Delivery Information

DELIVERY

5.1 Unless otherwise agreed delivery shall be made by Seller delivering to Buyer or by Buyer collecting Goods at Seller's premises at anytime after Seller has notified Buyer that the Goods are ready for collection. Any dates quoted for the delivery of the Goods are approximate only and Seller shall not be liable for any delay in the delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Seller in writing signed by a Director. The Goods may be delivered by Seller in advance of the quoted date upon giving reasonable notice to Buyer.

5.2 If goods are delivered to Buyer otherwise than at Seller's place of business Goods damaged in transit or not delivered in accordance with its advice note shall be repaired or replaced as necessary by Seller PROVIDED:

5.2.1 If it is alleged that short delivery has occurred Buyer gives details to Seller within 2 days of receipt of the Goods together with such information as is required by Seller to identify the alleged shortage including the advice note number case number and condition of packing.

5.2.2 In cases of damage or non-delivery Buyer gives to Seller written notice of such damage or non-delivery within 2 days of receipt of the advice note or such time as will enable Seller to comply with the carrier's conditions of carriage (whichever shall be the shorter) and (where delivery is not by Seller) the carrier accepts liability or the damage and/or shortfall.

5.3 Where Goods are collected from Seller's premises by or on behalf of Buyer any representative of Buyer shall be deemed to act as an agent for Buyer with authority to bind Buyer in relation to the Goods and any contract based on these conditions. At the request of Buyer, any such representative will provide written authority so to act signed by Buyer or a director thereof.

5.4 Seller reserves the right to deliver Goods in instalments. Where Goods are 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 Buyer in respect of any one or more instalments shall not entitle Buyer to treat the contract as a whole as repudiated.

5.5 If Buyer fails to take delivery of the Goods or fails to give Seller adequate instructions for delivery of the Goods at the time stated there for (otherwise than by reason of any cause beyond Buyer's reasonable control or by reason of Seller's fault) then, without prejudice to any other right or remedy available to Seller, Seller may:-

5.5.1 store the Goods until actual delivery and charge Buyer for the reasonable costs (including insurance) of storage, or

5.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge Buyer for any shortfall below the price.