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Delivery Policy
  1. DELIVERY BY THE SELLER
    1. Unless and except as otherwise expressly provided in writing by the Seller, delivery shall be F.O.B., Seller's usual place of business.
    2. Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.
    3. Where goods are offered for delivery to a site, the Seller's obligation is to deliver as near to the site as safe hard roads permit. The Buyer is to provide at its own expense the labour required for unloading and stacking.
    4. The Seller reserves the right to deliver goods by instalments and in such event each instalment shall be treated as a separate contract save that the delivery of further instalments may be withheld until goods contained in earlier instalments have been paid for in full.
    5. Where goods are held by the Seller awaiting delivery instructions, they may be subject to a storage charge. For account holding customers, payment for these goods must be made on or before the last day of the month following the month of the invoice; for non-account holding customers, payment must be made at the time of ordering.
    6. In the absence of shipping instructions, the issuing of an invoice shall constitute delivery to the Buyer.
  2. COLLECTION BY THE BUYER
    1. Where goods are sold "ex-factory" the Buyer shall collect the goods at the Sellers premises within seven days of the Seller's notifying the buyers that the goods are ready for collection.
    2. If the Buyer fails to collect the goods within seven days of notification that they are ready for collection, then, without prejudice to any other right or remedy available to the Seller, the Seller may:
      1. Store the goods until actual delivery and charge the Buyer for reasonable costs (including insurance) of storage; or
      2. Sell the goods at the best price readily obtainable (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any shortfall below the price.
  3. DAMAGE, LOSS, SHORT DELIVERY
    1. On delivery, the Buyer shall examine the goods for defects and completeness. Thereafter no claim for damage in transit, for shortage in delivery, or for loss of goods will be entertained except, in the case of damage, a separate notice in writing is given to the Carriers or to the Seller within three days of the receipt of the goods, followed within 14 days of the date of advice of despatch by a complete claim in writing; or, in the case of loss of goods, a separate notice in writing and a claim is given to the Seller and Carriers within 14 days of the date of the Seller's advice of despatch to the Buyer. In all cases a signature "unexamined" shall be deemed to be an unconditional acceptance of the goods.
    2. The Seller shall not in any circumstances be liable, whether in contract or tort, to the Buyer for any indirect or consequential loss or damage (including without limitation, loss of profits, loss of contracts or damage to property) or for any claim against the Buyer by any third party.
    3. The Seller's liability for damage or non-delivery of goods duly notified in accordance with the above shall in any event be limited to replacement of the goods within a reasonable time (or, at the Seller's option, refunding the price thereof) whether the damage or non-delivery is due to the Seller's negligence or otherwise.

 

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