6.1 The date of delivery of the Goods is when either:-
6.1.1 The Buyer collects them from the Delivery Point following the Seller’s notification that they are ready for collection; or
6.1.2 if an alternative delivery point has been agreed by the Seller, the date that the Goods are delivered to that place. If the Buyer requests changes to the Delivery Point, the Buyer shall be liable for any charges made by the Seller or any additional costs or expenses incurred by the Seller as a result of such a change.
6.2 The Seller may at its discretion deliver the Goods by instalments.
6.3 The Delivery Date and any other time or date which the Seller gives for delivery of the Goods or any instalment is an estimate only. The Buyer will not be entitled to terminate the Contract as a whole if the Seller fails to meet any given times or dates for delivery unless such a delay exceeds 40 working days. Under this Contract, time is not of the essence in respect of Delivery Dates.
6.4 Where delivery is made by instalments, each instalment is to be deemed a separate contract and any delay, default or non-delivery of any one instalment shall not entitle the Buyer to cancel the remainder of the Contract.
(i) the Buyer fails or refuse to accept delivery; or
(ii) the Buyer does not give delivery instructions when placing its order for goods; or
(iii) delivery is delayed at the Buyer’s request; or
(iv) suitable unloading facilities are not available for the delivery of the Goods to be unloaded
then the Buyer will be responsible for paying or reimbursing the Seller any additional costs or charges which it incurs as a result of the Buyer’s aforementioned actions.
6.6 The Buyer must notify the Seller in writing if a delivery is not received within two (2) working days from the date the Seller informed the Buyer that it had been despatched.
6.7 Unless the Seller agrees otherwise, the Buyer shall provide to enable the Goods to be safely and properly unloaded:
(i) adequate labour
(ii) adequate safe access to all delivery vehicles
(iii) appropriate equipment necessary for off-loading
(iv) suitable hard standing surface for the purpose of safe off-loading
6.8 The Buyer shall indemnify the Seller against any claims arising from any unloading except to the extent that any such claims relate to personal injury, death or damage to property which is caused by the negligence of the Seller’s employees or agents.
6.9 The Buyer shall not fail or refuse to accept delivery of any Goods on the grounds that the quantity is below the quantity ordered.
6.10 Any shortage of goods in a delivery must be notified to the Seller and the carrier within twenty four (24) hours after the Goods have been delivered. Provided the Seller has agreed the amount of the shortage, the Seller shall deliver, within a reasonable time, the balance of the goods required to bring the total to the quantity ordered.
6.11 Subject to the other provisions of these Conditions, the Seller shall not be liable for any direct, indirect or consequential loss (all of which include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the Delivery Date or any other time given for delivery of the Goods (even if caused by the Seller’s negligence).
6.12 If the Seller is prevented, hindered or delayed from delivering the Goods because of a Force Majeure event, then the Seller may give notice to the Buyer at any time in writing either: -
(i) cancelling the Seller’s outstanding obligations to deliver Goods under the Contract, or
(ii) extending the time for delivery of the Goods outstanding under the Contract by a period not exceeding three months.
6.13 If the Seller gives notice to the Buyer under Condition 6.12 then:
(i) the Seller shall not be liable to the Buyer in damages for any loss whether direct, indirect or consequential of whatever nature which the Buyer may incur as a result of the cancellation or extension of the time for delivery: and
(ii) the time for delivery shall be extended accordingly and the Seller shall not be in breach of Contract due to the late delivery.
6.14 It is the Buyer’s responsibility to ensure that all items are included in a delivery prior to signing the delivery note. No claim for missing goods will be accepted if the missing item/s is/are not noted on the delivery note.
7.0 RETURNING GOODS
7.1 Complaints about whether the Goods delivered comply with the Contract as to quality must be made in writing within 5 working days after delivery, specifying the nature of the complaint(s). If the Seller agrees, in writing, that the Goods do not comply with the Contract and the Buyer rejects the Goods (or any part thereof), then the Buyer must, as soon as is reasonably practicable, return the Goods to the Seller and it will, if practicable, supply replacements for the rejected Goods, as soon as is reasonably practicable following the Seller’s receipt of the rejected Goods.
7.2 Save as aforesaid in 7.1, the Seller shall have no further liability to the Buyer in respect of the rejected Goods.
7.3 Where the Seller has agreed that unused items can be returned then the Seller will refund the price of any undamaged items which are returned to it by the agreed date. The Buyer will be responsible for the cost of returning the items unless the Seller has agreed otherwise.
7.4 If any returned items are damaged then the Seller will not refund the price of that item.
7.5 Returns are only accepted up until 60 days from Delivery Date. Any returns will incur a restocking charge which is a percentage of the return sold to value, 35% unless otherwise agreed.
7.6 Goods will only be accepted for return provided they have been stored in the correct conditions and are in a fit condition to be resold.
7.7 Non-standard products, colours or pack sizes will not be refunded.