Risk in the goods shall pass to the Customer when they are made available at the Customer’s premises following delivery or other delivery point as instructed by the Customer. The Customer is responsible for all off-loading operations. The Company reserves the right to deliver the goods to the nearest point of suitable access.
Goods for delivery outside the UK shall be under Inciters.
Times for delivery or performance are as advised in the Company’s letter of Acceptance of Order and subject to receipt of full instructions to proceed without hindrance. The Company shall endeavour to meet such delivery or performance times, but shall not be liable for any loss, damage or expense of whatever kind arising from any delay or failure from whatever cause, nor shall such failure or delay entitle the Customer to refuse to accept delivery or to repudiate the contract.
The Company may determine the form of transport and charge extra for any special arrangements required by the Customer.
The Company may deliver goods in separate instalments each to be deemed a separate contract. No failure by the Company in any of the instalments shall be grounds for refusing to accept any goods remaining.
Losses In Transit
The Company will at it’s discretion (and within a reasonable period) replace, repair or credit for the invoice value (or proportionate part thereof) for any goods which the Customer proves were, at the time of delivery missing, lost, damaged, or not in accordance with their contract description. Where any loss or damage may have occurred after delivery in the course of any transport arranged by the Company on behalf of the Customer, the Company will assist in the claim against the carrier or insurer and account to the Customer for the proceeds of any such claim, less any reasonable and proper expenses.
Claims by the Customer will only be accepted if;
The Customer has inspected the goods promptly and give the Company written notice (other than on the carriers delivery note) of any alleged shortage, damage or any discrepancy within 7 days following date of receipt.
In the case of any alleged loss of a complete consignment, the Customer has given the Company written notice thereof in 10 days (or 28 days) or period stated in the Company’s order acknowledgement for goods intended for destinations outside the United Kingdom mainland, dating from date of the Company’s invoice.
The Customers notice of claim contains sufficient information to substantiate a claim against any carrier or insurer by the Company on it’s own account or on behalf of the Customer.
The Customer has afforded to the Company reasonable opportunity and facilities for the investigation of the claim and the carrying out of any repairs or remedial work and complied with any request by the Company for the return of the goods for examination the cost of carriage and insurance to be borne by the Customer but reimbursed if the claim is accepted, in which event any replaced goods shall belong to the Company.
The Customer has not permitted any person other than the Company to effect any repair or modification or repair to the goods.