Common use of Damage in Transit Clause in Contracts

Damage in Transit. 7.1 When the price quoted includes delivery, and except where the Purchaser has given special instructions as to carriage or delivery and delivery has been made to the order of the Purchaser as mentioned in clause 3.5, the Company will either repair or replace free of charge Goods damaged in transit or allow credit therefore provided the Purchaser shall give the Company notice in writing of the extent and nature of the damage: 7.1.1 where Goods are delivered by the Company within 3 days of the date on which the Goods were delivered; or 7.1.2 where the Goods are delivered by outside carriers within such time as will enable the Company to comply with such carriers conditions or carriage for the notification of such claims. 7.2 In the absence of such notification the Purchaser shall be deemed to have accepted the Goods.