CARRIAGE
1. a) If the Company is asked to arrange for carriage of the goods then such carriage shall be at the Buyer’s cost and risk. Without prejudice to the passing of property, the risk in the goods shall pass to the Buyer immediately prior to loading before despatch. No liability (whether in contract or for negligence or otherwise howsoever) loss of or damage to the goods occurring prior to delivery or for any claim than any item delivered pursuant to the Contract is defective or is otherwise not in accordance with the Contract (being a defect or loss, damage or non-compliance which would be obvious upon a reasonable inspection of the goods) or for non-delivery will attach to the Company unless claims to that effect are notified in writing by the Buyer to the Company (and in case of claims for loss, damage or non-delivery with a copy to the carrier if the Company’s own vehicles have not been used to deliver the goods):
(i) within seven days of delivery for loss, damage, defect or non-compliance with the Contract; or
(ii) within ten days of the date of the invoice for non-delivery.
In the event of a valid claim for defect, loss, damage or non-compliance with the Contract or non-delivery the Company undertakes at is option either to reprocess or replace the items concerned at its expense but shall not be under any further or other liability in connection with such nondelivery, loss, damage or non-compliance.
If the Buyer shall fail to give notice in accordance with Condition (i) or (ii) above, the items delivered shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Buyer it shall be bound to accept and pay for the same accordingly and all claims in respect of non-delivery, loss, damage, defect or non-compliance shall (save as set out in Condition 10 below) thereafter be wholly barred. The Buyer shall take delivery of the goods within 14 days of receiving notification from the Company that the goods have been completed. If the Company does not receive forwarding instructions from the Buyer sufficient to enable it to despatch the goods at the
Buyer’s expense within 14 days after the date of notification that they are ready for despatch, the Buyer may at its sole discretion arrange for storage of the goods. If the Buyer does not take delivery or arrange for storage, the Company shall be entitled to arrange storage at its own works, or elsewhere, on the Buyer’s behalf and all charges for storage, insurance or demurrage shall be paid for by the Buyer, the goods nevertheless remaining at the risk of the Buyer immediately after notification by the Company to the Buyer that the goods have been completed.
2. Where the goods are handed to a carrier for carriage to the Buyer or to United Kingdom port for export any such carrier that be deemed to be an agent of the Company and not of the Buyer for the purposes of sections 44, 45, and 46 of the Sales of Goods Act 1979. The Buyer agrees that section 32(3) of the Sales of Goods Act 1979 shall not apply to goods sent by the Company.
DELIVERY
1. Any period for delivery shall be calculated from the time of the Company’s acceptance of the Buyer’s order or from the Company’s receipt of all information necessary to enable the Company to procure the manufacture or supply of the goods (whichever shall be the later). Dates or periods of delivery stated by the Company are only approximate and time is not of the essence of the date for delivery.
2. Should the manufacture or delivery of any of the goods to the Buyer whether by the Company or a subsidiary company or an independent carrier, be prevented or hindered directly by fire, the elements, war, civil commotion, strikes, lock-outs, industrial dispute, shortage of raw materials or fuel notwithstanding that the Company has taken all reasonable steps to procure the same, shortage of labour, break-down or partial failure of plant or machinery, acts, orders or regulations of Government, delay on the part of any independent sub-contractor, or supplier, or any other cause whatsoever beyond the complete control of the Company or any of its subsidiary companies concerned with the manufacture or delivery of the goods, then the time for delivery of the goods shall be extended for a reasonable period having regard to the effect of the delaying cause on the manufacture of the goods.
If at the end of any such extended period the manufacture, supply or delivery of any of the goods is still prevented or hindered by any of the aforementioned causes the time for delivery thereof shall be similarly extended for a further reasonable period.
If any delay in the manufacture, supply or delivery of the goods results from any of the aforementioned causes neither the Company nor the Buyer shall be entitled to cancel the contract nor shall the Buyer be entitled to any compensation for the resultant delay.
