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Delivery & Returns

DELIVERY & RETURNS – TERMS & CONDITIONS

Delivery

Unless otherwise agreed in writing between the Seller and the Buyer the following provisions shall apply:

  • (i)

    Property and RiskUpon delivery (see below), the Goods shall be at the Buyer’s risk. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions of Sale, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and Bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Goods in the ordinary course of its business.UNTIL SUCH TIME AS THE PROPERTY IN THE GOODS PASSES TO THE BUYER (AND PROVIDED THE GOODS ARE STILL IN EXISTENCE AND HAVE NOT BEEN RESOLD), THE SELLER MAY AT ANY TIME REQUIRE THE BUYER TO DELIVER UP THE GOODS TO THE SELLER AND, IF THE BUYER FAILS TO DO SO FORTHWITH, ENTER ON ANY PREMISES OF THE BUYER OR ANY THIRD PARTY WHERE THE GOODS ARE STORED AND REPOSSESS THE GOODS.THE BUYER SHALL NOT BE ENTITLED TO PLEDGE OR IN ANY WAY CHARGE BY WAY OF SECURITY FOR ANY INDEBTEDNESS ANY OF THE GOODS WHICH REMAIN THE PROPERTY OF THE SELLER, BUT IF THE BUYER DOES SO ALL MONEYS OWING BY THE BUYER TO THE SELLER SHALL (WITHOUT LIMITING ANY OTHER RIGHT OR REMEDY OF THE SELLER) FORTHWITH BECOME DUE AND PAYABLE.

  • (ii)
  • (iii)All delivery dates and times are estimates only. The Seller shall not be liable for failure to deliver by such dates or times or for any damage of loss arising directly out of delay in delivery, nor shall the Buyer be entitled to refuse to accept the Goods because of late delivery.
  • (iv)If the Buyer fails to require delivery of the Goods when delivery falls due or refuses to accept delivery the Seller shall be deemed to have tendered and the Buyer to have refused to accept delivery and to have repudiated the contract and the Buyer shall pay all the carriage costs.
  • (v)Where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Seller shall be under no obligation under section 32(2) of the Sale of Goods Act 1979.

SHORTAGES AND DAMAGES AND/OR LOSS IN TRANSIT

  • (i)Unless otherwise agreed in writing between the Seller and the Buyer the Seller may deliver against any order an excess and/or deficiency up to 10 per cent of weight or volume ordered without any liability whatsoever to the Buyer save that the price shall be adjusted accordingly. The Seller will make every reasonable effort to deliver the materials requested, where an error is identified by the Buyer the Seller shall remedy any shortages within the best possible time scales.
  • (ii)The Buyer shall inspect the Goods immediately upon delivery and shall within fourteen days of such delivery (time being of the essence) give notice in writing to the Seller of any matter or thing by reason whereof it alleges that the Goods are not in accordance with the Contract. The Seller for the purpose of this sub-paragraph will not accept any delivery book or note marked ‘Not Examined’ or similar.
  • (iii)If the Buyer shall fail to give such proper notice as is required hereunder then the Goods shall be deemed in all respects to be in accordance with the contract and Buyer shall be deemed to have accepted the Goods.
  • (iv)The Goods in respect of which the Buyer makes any claim hereunder shall be preserved intact as delivered for a period of twenty-one days from negotiation of the claim within which time the Seller or its agents shall have the right to attend at the Buyers premises to investigate the complaint. Any breach of this condition shall disentitle the Buyer to any allowance in respect of his claim.
  • (v)Goods represented by the Buyer to be defective or not to conform to the contract shall if authorised by the Seller be returned and in the Seller’s absolute discretion shall either be replaced or be credited. The Buyer shall not be entitled where the Goods are to be delivered by instalments to cancel any undelivered balance of the order without the prior written consent of the Seller.