Freight Terms & Conditions
6.0 DELIVERY OF THE GOODS
6.1 The date of delivery of the Goods is when either:-
6.1.1 you collect them from the Delivery Point following our notification that they are ready for collection; or
6.1.2 if an alternative delivery point has been agreed by us, the date that the Goods are delivered to that place. If you do request changes to the Delivery Point, you shall be liable for any charges made by us or any additional costs or expenses incurred by us as a result of such a change.
6.2 We may at our discretion deliver the Goods by instalments.
6.3 The Delivery Date and any other time or date which we give for delivery of the Goods or any instalment is an estimate only. You will not be entitled to terminate the Contract as a whole if we fail 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.
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 you to cancel the remainder of the Contract.
6.5 If: (i) you fail or refuse to accept delivery; or
(ii) you do not give delivery instructions when placing your order for goods; or
(iii) delivery is delayed at your request,
then you will be responsible for paying or reimbursing us any additional costs or charges which we incur as a result of your aforementioned actions.
6.6 You must notify us in writing if a delivery is not received within two (2) working days from the date we informed you that it had been despatched.
6.7 Unless we agree otherwise, you 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 You shall indemnify us 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 our employees or agents.
6.9 You 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 us and the carrier within twenty four (24) Hours after the Goods have been delivered. Provided we have agreed the amount of the shortage, we 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, we 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 our negligence).
6.12 If we are prevented, hindered or delayed from delivering the Goods because of a Force Majeure event, then we may give notice to you at any time in writing either: -
(i) cancelling our 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 we give notice to you under Condition 6.12 then:
(i) we shall not be liable to you in damages for any loss whether direct, indirect or consequential of whatever nature which you 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 we shall not be in breach of Contract due to the late delivery.6.14 It is your 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 we agree, in writing, that the Goods do not comply with the Contract and you reject the Goods (or any part thereof), then you must, as soon as is reasonably practicable, return the Goods to us and we will, if practicable, supply replacements for the rejected Goods, as soon as is reasonably practicable following our receipt of the rejected Goods.
7.2 Save as aforesaid in 7.1, we shall have no further liability to you in respect of the rejected Goods.
7.3 Where we have agreed that unused items can be returned then we will refund the price of any undamaged items which are returned to us by the agreed date. You will be responsible for the cost of returning the items unless we have agreed otherwise.
7.4 If any returned items are damaged then we will not refund the price of that item.