Delivery
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place of delivery is agreed by the Seller, by the Seller delivering the Goods to that place and subject to any other agreement between the parties, at the cost of the Buyer.
6.2 Any dates quoted for delivery of the Goods are approximate only. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.3 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 instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) to obtain similar goods to replace those Goods not delivered. In any other case the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
6.5 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 than 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:
6.5.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.5.2 sell the Goods at the best price readily obtainable and charge the Buyer for any shortfall below the price that would have been obtained from the Buyer under the Contract including all reasonable storage and selling expenses .
6.6 If the Buyer rejects delivery of the Goods for reasons that the Goods do not meet with their requirements, the Buyer shall within five business days from the date of delivery communicate this fact to the Seller who shall endeavour to rectify the specifications of the Buyer’s Order within seven business days from the date of the Buyer’s notification. If the Buyer does not confirm acceptance of the delivery within three business days of the date of delivery, acceptance of said delivery shall be deemed.




