Delivery dates and periods shall be approximate and subject to change.

  1. Deliveries of Products to the Customer shall be in accordance with the Company’s delivery schedule. The Company shall not be liable for any loss or damage whatsoever arising as a result of a delay or failure to deliver Products by a particular date or arising as a result of any cause beyond the Company’s control, including any force majeure event or the Customer’s failure to provide adequate delivery instructions. Time for delivery shall not be of the essence unless otherwise agreed by the Company in writing.

  2. Delivery of Products shall be made by the Company to a reasonably accessible location at the Customer’s premises, (“the Delivery Location”). The Customer shall allow the Company access to such premises and shall use best endeavors to ensure that a responsible person shall be at the place of delivery to take delivery of the Products and to sign for them. In the event of no such person being present at the time of delivery the Customer hereby consents to the Company leaving the Products at what appear to be the premises nominated by the Customer as the place of delivery, and when the Products are so left, risk in the Products shall pass to the Customer and no liability shall remain with the Company in respect of the Products.

  3. If the Customer fails to take delivery or fails to give the Company adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to the Company, the Company may do one or more of the following:

    1. Charge the Customer the cost of carriage of the refused delivery both to and from the premises of the Customer in addition to the Company’s administration charges involved;
    2. Charge the Customer the full cost price of the Products and a sum in respect of its loss of profit provided that the Company shall use its reasonable endeavor’s to mitigate such loss; 
    3. Where the delivery includes Equipment, store the Equipment until actual delivery and charge the Customer for the reasonable cost (including insurance) of storage;
    4. Sell the Equipment at the best price readily obtainable and charge the Customer for any shortfall below the price under the Contract.