Delivery of Goods
1.1 Subject to Clause 1.2, the Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree ("Delivery Location") at any time after the Supplier notifies the Customer that the Goods are ready.
1.2 Notwithstanding Clause 1.1, if it is agreed between the parties that the Customer shall collect (or arrange for collection of) the Goods, the Customer shall do so from the Supplier's premises or such other location as may be advised by the Supplier before delivery ("Collection Location") within three Business Days of the Supplier notifying the Customer that the Goods are ready.
1.3 Delivery of the Goods shall be completed (as applicable):
1.3.1 where the Supplier delivers the Goods pursuant to Clause 1.1, upon the Goods' arrival at the Delivery Location; or
1.3.2 where the Customer collects the Goods pursuant to Clause 1.2, upon the completion of loading of the Goods at the Collection Location.
1.4 Any dates quoted for delivery or collection of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
1.5 If the Customer fails to collect, accept or take delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods:
1.5.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and
1.5.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
1.6 If three Business Days after the Supplier notified the Customer that the Goods were ready for collection or delivery the Customer has not accepted or taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
1.7 Subject to Clause 1.8, the Customer shall not be entitled to reject the Goods if the Supplier delivers up to and including 10 per cent more or less than the Quantity of Goods ordered, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong Quantity of Goods was delivered.
1.8 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
1.9 If the Supplier requires the Customer to return any packaging material to the Supplier:
1.9.1 the Supplier shall inform the Customer of the same in advance of delivery of the relevant Goods;
1.9.2 the Customer shall make such packaging materials available for collection at such times as the Supplier shall reasonably request and in a suitable condition to allow for re-use by the Supplier; and
1.9.3 returns of packaging materials shall be at the Supplier's expense (save that the Supplier reserves the right to recover the cost of replacement packaging from the Customer in the event that the packaging materials are not made available for collection in accordance with the terms of Clause 6.9.2).
Quality of Goods
2.1 Unless a separate warranty is given by the Supplier in relation to the Goods (which will be subject to any terms contained in such warranty), the Supplier warrants that on delivery, and for a period of 12 months from the date of delivery ("Warranty Period"), the Goods shall:
2.1.1 conform in all material respects with their description and any applicable Goods Specification;
2.1.2 be free from material defects in design, material and workmanship; and
2.1.3 be fit for the purpose for which such Goods are commonly supplied for (to the extent that the Goods are used in an appropriate and reasonable manner by the Customer or end user and in appropriate conditions for the nature of such Goods).
2.2 Subject to Clause 2.3, if:
2.2.1 the Customer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Clause 2.1;
2.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and
2.2.3 the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Supplier's cost,the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
2.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty in Clause 2.1 if:
2.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with Clause 2.2;
2.3.2 the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
2.3.3 the defect arises as a result of the Supplier following any drawing, design or Goods Specification supplied by the Customer;
2.3.4 the Customer alters or repairs such Goods without the written consent of the Supplier;
2.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
2.3.6 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
2.4 Except as provided in this Clause 7, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in Clause 2.1.
2.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Supplier under Clause 2.2.
Return of goods
3.1 In respect of Goods which do not comply with the warranty in Clause 2.1, the provisions of Clause 2 shall apply.
3.2 In respect of Goods which comply with the warranty in Clause 2.1 but which the Customer nevertheless wishes to return:
3.2.1 any such returns shall be at the sole discretion of the Supplier;
3.2.2 the Supplier shall not accept returns of any part or incomplete boxes of Goods;
3.2.3 the Customer will not be entitled to any refund of the price paid for such Goods where the Goods have been used or damaged in any way; and
3.2.4 the Customer may be charged a handling fee at the rate which is in effect at the time of return of the Goods.
3.3 complaints of damage or shortages in transit must be made within three working days of the date of delivery. Notifications of total loss must be made within 14 days of the date of despatch, quoting despatch number.
All goods supplied are subject to the company terms and conditions - please refer to our Conditions of Sale for further information.
