Delivery and packaging
Time for delivery is given as accurately at possible but is not guaranteed. The Customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated nor shall the Customer be entitled to make, or to purport to make, time for delivery of the essence of the contract.
The date of delivery shall in every case be dependant upon prompt receipt of all necessary information final instructions or approvals from the Customer. Any delays or alternations by the Customer in design, specifications or quantities required may result in delay in delivery.
Failure by the Customer to take delivery of or to make payment in respect of any one or more instalments of Goods delivered under this contract shall entitle the Company to treat the whole or part of the contract as repudiated by the Customer.
The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed otherwise than due to the default by the Company, the Customer shall pay all costs and expenses, including a reasonable charge for storage and transportation so occasioned and payment for the Goods shall be made in accordance with these Conditions.
Any packaging by the Company, unless otherwise expressly agreed in writing is intended to provide adequate protection in normal conditions of transit of usual duration. Unless otherwise agreed in writing, cases and other packing materials, when charged for, will be credited if returned to the Company's works within 28 days of the date of invoice, carriage paid and in good condition.
The Company will not be liable for unloading the Goods at the designated point of delivery or for placing them in position on site, except by prior agreement in writing.
Where the Company accepts an order for the supply of Goods to be called off by the Customer over a period then unless otherwise agreed by the Company in writing, such call offs must be made so as to complete delivery of all Goods within 12 months from the date of the Customer's order.
The Company shall have the right to make delivery by instalments and in that event each delivery shall stand as a separate contract and failure to make any instalment delivery shall not entitle the Customer to repudiate the whole contract.
Unless otherwise agreed in writing, whether or not the Company shall arrange transport by its own vehicles or otherwise, delivery shall be effected when the Goods leave the premises of the Company or those of the suppliers to the Company where the Goods are despatched direct from such suppliers premises to the Customer.
Any delivery note or notes presented by or on behalf of the Company and/or its carrier must be signed on receipt of the Goods.
If the Customer requires an alteration in the quantity of an order including suspension or reduction of "firm" schedules then all Goods already in progress may be delivered in accordance with the earlier instructions of the Customer and shall be paid for by the Customer.
If and so far as work has been necessarily commenced in advance of "firm" schedules in order to provide in accordance with a normal process time cycle for deliveries indicated by a "tentative schedule" the Customer shall be liable to accept delivery of such Goods at the times and in the quantities so indicated and to pay therefor.
Save in the case of export contract all pallets and stillages used by the Company in the delivery of the Goods shall remain the property of the Company and shall be returned by the Customer to the Company. Section 32(2) of the Sale of Goods Act 1979 shall not apply. The Company shall not be required to give the Customer the notice specified in section 32(3) of that Act.