Each instalment shall constitute a separate contract. 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.ġ.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:ġ.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 andġ.5.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).ġ.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.ġ.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.ġ.8 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. 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.ġ.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.ġ.3 Delivery of the Goods shall be completed (as applicable):ġ.3.1 where the Supplier delivers the Goods pursuant to Clause 1.1, upon the Goods' arrival at the Delivery Location orġ.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.ġ.4 Any dates quoted for delivery or collection of the Goods are approximate only, and the time of delivery is not of the essence.
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