Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Company’s place of business.
The date for delivery will be as agreed upon between the Company and the Buyer. If no such date is specified, delivery shall take place within a reasonable time from the date of transaction or agreement.
The time of delivery will take place when the Buyer expressly or by conduct accepts delivery of the Goods; or the Buyer does anything in relation to the Goods that is inconsistent with the Company’s ownership of those Goods; or the Buyer has kept the Goods for an unreasonably long period of time without indicating to the Company that the Buyer does not want the Goods.
Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods, when such a delay is as a result of the conduct of the Buyer; or the delay in delivery as contained in clause 4.5.; or as a result of the Buyer terminating or rescinding the contract.
In the event of the Company defaulting on delivery for a period exceeding 90 days from receipt of all imported key components, the Buyer is entitled to terminate the Contract. The Company will notify the Buyer when unexpected significant delays occur relating to the importation of key components.
If for any reason the Buyer fails to accept delivery of any of the Goods within two weeks from being notified of being ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses, access or authorisation or obtained any required 3d party authorisations:
If for any reason the Buyer fails to accept delivery of any of the Goods within two weeks from being notified of being ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses, access or authorisation or obtained any required 3d party authorisations:
If for any reason the Buyer fails to accept delivery of any of the Goods within two weeks from being notified of being ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses, access or authorisation or obtained any required 3d party authorisations:
the Goods shall have deemed to have been delivered
any and all risk in the Goods shall pass to the Buyer
the Company may store the Goods until delivery takes place, whereupon the Buyer shall be liable for all related costs and expenses relating to the storage, maintenance, insurance and transportation of the Goods.
Depending on the delivery point, the Buyer shall provide, at their own expense, adequate and appropriate equipment and manual labour for unloading or loading of the Goods, unless the Company or its agent has been contracted to install the Goods.
The Buyer shall test and confirm that the Goods are operating without fault and to requested specifications within 14 days of taking receipt of the Goods.
The Company and the Buyer may agree that delivery of the Goods may take place in separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract, under the same terms and conditions.
Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
If the Goods are not in accordance with the Contract and the Buyer intends to reject the Goods after delivery thereof, the Buyer may do so within 14 days after the delivery of the Goods. After the 14 day period has lapsed the Goods shall be deemed to have been accepted by the Buyer.
In the event of the Buyer rejecting the Goods in accordance with clause
the Goods will be either repaired and brought to the required operating specification at the Buyer designated location, or returned to the Company at the Buyer’s expense, including but not limited to costs of travelling, loading and/or unloading, insurance and labour. Any repairs, alterations or replacements to be done within this period, relating to manufacturing defects up to and including loading at the Company premises, will be done at the cost of the Company.
Any Goods delivered to the Buyer, in accordance with the Contract, will be accepted for return with the prior written notice by the Buyer to the Company and with the written acceptance of the Company to the Buyer for the return of such Goods. The terms for the return will be determined at the absolute discretion of the Company in the event of:
more than three months have elapsed since the delivery date; or
the Goods forming part of a special order or delivery; or
If the Company agrees to accept any Goods for return, the Buyer shall be liable to pay all costs and expenses in order to effect the return including but not limited to; a handling charge of 20% of the invoice price; transportation and any expenses incurred in respect of original shipping carton or packaging so that the Good may be in a condition suitable for resale.
Goods returned without the prior written approval of the Company will be accepted or rejected at the Company’s absolute discretion. These Goods may be returned to Buyer and/or stored at the Buyer’s sole expense.