Common use of Delivery and Collection Clause in Contracts

Delivery and Collection. 6.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note that shows the date of the Order and the type and quantity of the Goods (the “Proof of Delivery”), and this Proof of Delivery is to be signed by a Customer representative. 6.2 Delivery is completed on the completion of unloading of the Goods at the delivery location, and the risk in the Goods shall pass at the completion of Delivery. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9). 6.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 6.4 The Supplier engages a Delivery Service to deliver the Goods to the Customer. If the Delivery Service fails to deliver the Goods, or if the Goods are damaged in transit, the Supplier’s liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement Goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 6.5 The Customer may choose to elect to collect the Goods from the Warehouse, and in such circumstances (i) the collection is deemed completed; and (ii) the risk in the Goods shall pass, when the Goods are loaded to the Customer’s haulage vehicle (or to a third-party haulage vehicle sent by the Customer) at the Warehouse. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9).

Delivery and Collection. 6.1 7.1 Unless otherwise agreed between the Supplier and the Customer in writing, It is the responsibility of the Customer to collect the Hire Goods from the Supplier, and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver Hire Goods to and/or collect the Hire Goods from the Customer it will in the Commercial Terms Schedule, as may be amended from time to time by notice in writing from the Supplier. 7.3 If the Supplier agrees to collect the Hire Goods from the Customer, the Customer shall make the Hire Goods available for collection on the last day of the Hire Period and at the place agreed in writing with the Supplier. The Supplier shall ensure that each delivery will collect the Hire Goods within a reasonable time of the Hire Goods is accompanied being made available for collection by a delivery note that shows the date of the Order and the type and quantity of the Goods (the “Proof of Delivery”)Customer. In accordance with clause 6 above, and this Proof of Delivery is to be signed by a Customer representative. 6.2 Delivery is completed on the completion of unloading of the Goods at the delivery location, and the risk in the Hire Goods shall pass at remain with the completion of Delivery. Title in Customer and the Goods Customer shall not pass remain responsible and liable for any loss, damage or theft to the Customer Hire Goods until payment has been received (the Hire Goods are collected by the Supplier. For the avoidance of doubt, if the Supplier does not agree to collect the Hire Goods in accordance with clause 9)this clause, the Customer shall deliver the Hire Goods to the Supplier at the place specified by the Supplier in the Commercial Terms Schedule, on the last day of the Hire Period. 6.3 Any 7.4 Where the Customer is a Consumer, and the supply of Hire Goods is delayed by an event outside of the Supplier’s control then the Supplier will contact the Consumer as soon as possible and the Supplier will take steps to minimise the effect of the delay. Provided the Supplier does this, the Supplier will not be liable for delays caused by the event, but if there is a risk of substantial delay, the Consumer may contact the Supplier to end the Contract and receive a refund for any Hire Goods which have been paid for but not received. 7.5 If the Customer is a business, any dates quoted for delivery or collection of the Sale Goods by the Supplier are approximate only, and the time of delivery or collection is not of the essence. The Supplier shall not be liable for any delay in delivery of the Hire Goods that is caused by a Force Majeure Event event or the Customer's failure to provide the Supplier with adequate delivery or collection instructions or any other instructions that are relevant to the supply or collection of the Hire Goods. 6.4 7.6 The Supplier engages a Delivery Service Customer will allow and/or procure sufficient access to deliver and from the Goods relevant site and procure sufficient unloading space, facilities, equipment and access to the Customer. If the Delivery Service fails to deliver the Goods, or if the Goods are damaged in transit, utilities for the Supplier’s liability shall be limited employees, sub- contractors and/or agents to allow them to deliver or collect the Hire Goods. 7.7 If any of the delivery or collection of the Hire Goods are delayed, postponed and/or are cancelled due to the costs Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation . 7.8 The Customer shall comply with all applicable legislation relating to the use of red diesel and expenses shall not use red diesel in the Hire Goods unless a HMRC approved exemption applies (as set out in latest Excise Notice 75). 7.9 On receipt of the Hire Goods from the Customer at the end of the Hire Period, the Supplier shall carry out an inspection of the Hire Goods, to ensure that the Hire Goods do not contain any red diesel. 7.10 If the Supplier determines, in its discretion, that the Hire Goods do contain red diesel including trace elements or that any further use of the Hire Goods will be in breach of applicable legislation relating to the use of red diesel the Supplier reserves the right to charge the Customer: 7.10.1 for the cost of draining and flushing the fuel system, as may be required to remove all traces of red diesel to ensure the Hire Goods are in a condition for use by other customers using only fully duty paid diesel/biofuels; and 7.10.2 a refill charge of white diesel to fill the Hire Goods to full tank capacity. 7.11 The Customer hereby indemnifies the Supplier in full and on demand against any and all liabilities, costs, expenses, damages and losses (‘Liabilities’) suffered or incurred by the Supplier arising out of or in connection with any failure by the Customer to comply with clause 7.8 and all relevant legislation, as updated from time to time, in obtaining replacement Goods relation to the use of similar description and quality red diesel in the cheapest market availableHire Goods, less including but not limited to Liabilities related to the price following: 7.11.1 any Hire Goods being impounded by HMRC; 7.11.2 any outstanding duty payments on the Hire Goods; 7.11.3 any other legal costs, transportation and other expenditure appertaining to the return of the Goods. The Supplier shall Hire Goods where the Hire Goods have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event not been drained or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply flushed of the Goods. 6.5 The Customer may choose to elect to collect the Goods from the Warehouse, and in such circumstances (i) the collection is deemed completed; and (ii) the risk in the Goods shall pass, when the Goods are loaded to the Customer’s haulage vehicle (or red diesel to a third-party haulage vehicle sent traceability level accepted by the Customer) at the Warehouse. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9)HMRC.

Delivery and Collection. 6.1 12.1 Unless otherwise agreed between the Supplier and the Customer in writing, It is the responsibility of the Customer to collect the Sale Goods from the Supplier. If the Supplier agrees to deliver it will do so at its standard delivery cost, set out in the Commercial Terms Schedule. 12.2 The Supplier shall ensure that each delivery of make the Sale Goods is accompanied by a delivery note that shows available for collection on the date of agreed and at the Order and place specified in the type and quantity of Commercial Terms Schedule, as may be amended from time to time by notice in writing from the Goods (the “Proof of Delivery”), and this Proof of Delivery is to be signed by a Customer representativeSupplier. 6.2 Delivery 12.3 Where the Customer is completed on the completion of unloading of the Goods at the delivery locationa Consumer, and the supply of Sale Goods is delayed by an event outside of the Supplier’s control then the Supplier will contact the Consumer as soon as possible and the Supplier will take steps to minimise the effect of the delay. Provided the Supplier does this, the Supplier will not be liable for delays caused by the event, but if there is a risk in of substantial delay, the Consumer may contact the Supplier to end the Contract and receive a refund for any Sale Goods shall pass at the completion of Delivery. Title in the Goods shall which have been paid for but not pass to received. 12.4 If the Customer until payment has been received (in accordance with clause 9). 6.3 Any is a business, any dates quoted for delivery or collection of the Sale Goods by the Supplier are approximate only, and the time of delivery or collection is not of the essence. The Supplier shall not be liable for any delay in delivery of the Sale Goods that is caused by a Force Majeure Event event or the Customer's failure to provide the Supplier with adequate delivery or collection instructions or any other instructions that are relevant to the supply or collection of the Sale Goods. 6.4 12.5 The Supplier engages a Delivery Service Customer will allow and/or procure sufficient access to deliver and from the Goods relevant site and procure sufficient unloading space, facilities, equipment and access to the Customer. If the Delivery Service fails to deliver the Goods, or if the Goods are damaged in transit, utilities for the Supplier’s liability shall be limited employees, sub- contractors and/or agents to the costs and expenses incurred by the Customer in obtaining replacement Goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure allow them to deliver or collect the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Sale Goods. 6.5 The Customer may choose to elect to collect 12.6 If any of the Goods from delivery or collection of the Warehouse, and in such circumstances (i) the collection is deemed completed; and (ii) the risk in the Goods shall pass, when the Sale Goods are loaded to the Customer’s haulage vehicle (or to a third-party haulage vehicle sent by the Customer) at the Warehouse. Title in the Goods shall not pass delayed, postponed and/or are cancelled due to the Customer until payment has been received (in accordance failing to comply with clause 9)its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation.

Delivery and Collection. 6.1 The Supplier i. Customer shall ensure that each provide unimpeded and safe access to its premises at all times for the delivery of the Goods is accompanied Gas and collection of Gas Containers by a delivery note that shows the date Linde or any authorized contractors on behalf of the Order and the type and quantity of the Goods (the “Proof of Delivery”), and this Proof of Delivery is to be signed by a Linde. Customer representative. 6.2 Delivery is completed on the completion of unloading of the Goods at the delivery location, and the risk in the Goods shall pass at the completion of Delivery. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9). 6.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery damage to any of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 6.4 The Supplier engages a Delivery Service to deliver the Goods to the Customer. If the Delivery Service fails to deliver the Goods, or if the Goods are damaged in transit, the SupplierLinde’s liability shall be assets including but not limited to the costs vehicles or Gas Containers, if such unimpeded and expenses incurred safe access is not provided. ii. Gas shall be delivered at Customer's premises and/or designated premises included in the Supply Agreement or Account. The Customer’s premises and/or designated premises shall be referred to as the “Delivery Point” for the purpose of all transactions under this Agreement. iii. Gas Containers’ deliveries and collections shall be on a full-for-empty basis at the Delivery Point. If Customer requests any variation from the above Linde may levy an additional charge for any such supply. iv. For any collection of the empty Gas Containers, Customers shall render all possible assistances in ensuring that all empty Gas Containers are brought to an agreed designated area within the Delivery Point for the collection by Xxxxx. v. Where Customer chooses to return the Gas Containers directly or through Customer’s own third party contractor, Customer shall in advance notify Linde on the number of Gas Containers to be returned and the Linde site which the Customer in obtaining replacement Goods is returning the Gas Container to. Customer shall ensure that all Gas Container’s valves are properly closed before returning the Gas Containers to Linde. An official receipt must be obtained from Linde before leaving Xxxxx'x premises to acknowledge the receipt of similar description returned Gas Containers. vi. In the event an electronic method of requesting delivery and quality collection of the Gas Containers is implemented by Xxxxx, then the delivery and return of all Gas Containers shall be proven through the data captured and stored in the cheapest market availableelectronic device used. At that point, less Xxxxx shall have the price right to discontinue the issuance and/or printing of any delivery document to prove the delivery and/or return of any Gas Containers. The Customer hereby acknowledges and accepts that save and except for manifest errors, the data captured and stored in the electronic device shall be conclusive evidence of all delivery and return of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the GoodsGas Containers. 6.5 The Customer may choose to elect to collect the Goods from the Warehouse, and in such circumstances (i) the collection is deemed completed; and (ii) the risk in the Goods shall pass, when the Goods are loaded to the Customer’s haulage vehicle (or to a third-party haulage vehicle sent by the Customer) at the Warehouse. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9).

Delivery and Collection. 6.1 7.1 Unless otherwise agreed between the Supplier and the Customer in writing, It is the responsibility of the Customer to collect the Hire Goods from the Supplier, and return them to the Supplier at the end of the Hire 7.2 The Supplier shall ensure that each delivery make the Hire Goods available for collection on the date agreed and at the place specified in the Commercial Terms Schedule, as may be amended from time to time by notice in writing from the Supplier. 7.3 If the Supplier agrees to collect the Hire Goods from the Customer, the Customer shall make the Hire Goods available for collection on the last day of the Hire Period and at the place agreed in writing with the Supplier. The Supplier will collect the Hire Goods is accompanied by within a delivery note that shows the date reasonable time of the Order and Hire Goods being made available for collection by the type and quantity of the Goods (the “Proof of Delivery”)Customer. In accordance with clause 6 above, and this Proof of Delivery is to be signed by a Customer representative. 6.2 Delivery is completed on the completion of unloading of the Goods at the delivery location, and the risk in the Hire Goods shall pass at remain with the completion of Delivery. Title in Customer and the Goods Customer shall not pass remain responsible and liable for any loss, damage or theft to the Customer Hire Goods until payment has been received (the Hire Goods are collected by the Supplier. For the avoidance of doubt, if the Supplier does not agree to collect the Hire Goods in accordance with clause 9)this clause, the Customer shall deliver the Hire Goods to the Supplier at the place specified by the Supplier in the Commercial Terms Schedule, on the last day of the Hire Period. 6.3 Any 7.4 Where the Customer is a Consumer, and the supply of Hire Goods is delayed by an event outside of the Supplier’s control then the Supplier will contact the Consumer as soon as possible and the Supplier will take steps to minimise the effect of the delay. Provided the Supplier does this, the Supplier will not be liable for delays caused by the event, but if there is a risk of substantial delay, the Consumer may contact the Supplier to end the Contract and receive a refund for any Hire Goods which have been paid for but not received. 7.5 If the Customer is a business, any dates quoted for delivery or collection of the Sale Goods by the Supplier are approximate only, and the time of delivery or collection is not of the essence. The Supplier shall not be liable for any delay in delivery of the Hire Goods that is caused by a Force Majeure Event event or the Customer's failure to provide the Supplier with adequate delivery or collection instructions or any other instructions that are relevant to the supply or collection of the Hire Goods. 6.4 7.6 The Supplier engages a Delivery Service Customer will allow and/or procure sufficient access to deliver and from the Goods relevant site and procure sufficient unloading space, facilities, equipment and access to the Customer. If the Delivery Service fails to deliver the Goods, or if the Goods are damaged in transit, utilities for the Supplier’s liability shall be limited employees, sub- contractors and/or agents to allow them to deliver or collect the Hire Goods. 7.7 If any of the delivery or collection of the Hire Goods are delayed, postponed and/or are cancelled due to the costs Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation . 7.8 The Customer shall comply with all applicable legislation relating to the use of red diesel and expenses shall not use red diesel in the Hire Goods unless a HMRC approved exemption applies (as set out in latest Excise Notice 75). 7.9 On receipt of the Hire Goods from the Customer at the end of the Hire Period, the Supplier shall carry out an inspection of the Hire Goods, to ensure that the Hire Goods do not contain any red diesel. 7.10 If the Supplier determines, in its discretion, that the Hire Goods do contain red diesel including trace elements or that any further use of the Hire Goods will be in breach of applicable legislation relating to the use of red diesel the Supplier reserves the right to charge the Customer: 7.10.1 for the cost of draining and flushing the fuel system, as may be required to remove all traces of red diesel to ensure the Hire Goods are in a condition for use by other customers using only fully duty paid diesel/biofuels; and 7.10.2 a refill charge of white diesel to fill the Hire Goods to full tank capacity. 7.11 The Customer hereby indemnifies the Supplier in full and on demand against any and all liabilities, costs, expenses, damages and losses (‘Liabilities’) suffered or incurred by the Supplier arising out of or in connection with any failure by the Customer to comply with clause 7.8 and all relevant legislation, as updated from time to time, in obtaining replacement Goods relation to the use of similar description and quality red diesel in the cheapest market availableHire Goods, less including but not limited to Liabilities related to the price following: 7.11.1 any Hire Goods being impounded by HMRC; 7.11.2 any outstanding duty payments on the Hire Goods; 7.11.3 any other legal costs, transportation and other expenditure appertaining to the return of the Goods. The Supplier shall have no liability for any failure to deliver the Hire Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goodsparty. 6.5 The Customer may choose to elect to collect the Goods from the Warehouse, and in such circumstances (i) the collection is deemed completed; and (ii) the risk in the Goods shall pass, when the Goods are loaded to the Customer’s haulage vehicle (or to a third-party haulage vehicle sent by the Customer) at the Warehouse. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9).

Delivery and Collection. 6.1 The Supplier shall ensure that each delivery of a. MBA will supply Product, Packaging or Returnable Packaging and Services against orders placed by the Goods is accompanied Customer and which are accepted and confirmed in writing by a delivery note that shows the date of the Order MBA except as set out in Conditions 1(b) and 6(j) below and the type and quantity other terms of the Goods (the “Proof of Delivery”)this Agreement, and this Proof of Delivery is to be signed by a Customer representativeor as otherwise agreed in writing. 6.2 Delivery is completed on the completion b. The Customer acknowledges that collection of unloading of the Goods Product from an MBA site shall be at the delivery location, and the risk in the Goods shall pass at the completion of Delivery. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9). 6.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure own risk and that the Customer is responsible for handling and transporting the load safely, training the driver on any hazards of the Product and compliance with all relevant legislation. c. Where the Customer elects to provide collect Product from the Supplier Product Source this shall be done only with adequate delivery instructions MBA's prior written agreement and at a time to suit MBA's normal hours of operation. Collections will be subject to a Handling Charge as detailed in MBA's written order acknowledgement. The Customer acknowledges that any such collection by the Customer (or his agent) must be undertaken in a safe and professional manner and that all policies and procedures relating to safety at the Product Source will be observed and adhered to. MBA reserves the right to refuse access to its site in the event that the Customer (or his agent) does not conform to this requirement. d. MBA reserves the right to introduce an electronic identification system or any other instructions tracking system for Returnable Packaging. If such a system is introduced any delivered, returned or collected Returnable Packaging will be reconciled against the account of the Customer to which it was supplied. e. Subject to Condition 6(e), MBA's delivery/collection note (or that are relevant to the supply of its agent) shall be conclusive evidence of Delivery and quantity of the Goods. 6.4 The Supplier engages f. Failure by MBA to Deliver or perform by any time specified by MBA shall not entitle the Customer to terminate this Agreement and time shall not be of the essence in respect of Deliveries or performance. MBA's liability for a Delivery Service failure to deliver the Goods to the Customer. If the Delivery Service fails to deliver the Goods, Deliver or if the Goods are damaged in transit, the Supplier’s liability perform shall be limited in accordance with Condition 6 below. g. If Delivery of any Goods cannot be made due to the costs and expenses incurred by act or omission of the Customer in obtaining replacement Goods (or the act or omission of similar description and quality in the cheapest market availableany employee, less the price agent or contractor of the Goods. The Supplier Customer), the items shall be deemed to have no liability been delivered and MBA may charge for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event abortive journeys or part deliveries and for storage thereof until delivered. h. With the Customer's failure to prior written request and upon reasonable notice MBA can provide a certificate of analysis for the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the GoodsProduct supplied. MBA may make an additional charge for this Service. 6.5 The Customer may choose to elect to collect the Goods from the Warehouse, and in such circumstances (i) the collection is deemed completed; and (ii) the risk in the Goods shall pass, when the Goods are loaded to the Customer’s haulage vehicle (or to a third-party haulage vehicle sent by the Customer) at the Warehouse. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9).

Delivery and Collection. 6.1 Unless otherwise agreed in writing, the client agrees to collect and return the equipment from EME, the address of which is specified as 000 Xxxxxxxx, Xxxx, Xxxxxxx, XX00 0XX. The Supplier shall ensure that each delivery client is additionally responsible for the provision of the Goods is accompanied by a delivery note that shows the date of the Order appropriate vehicles for transport, and the type safe and quantity of the Goods (the “Proof of Delivery”), secure loading and this Proof of Delivery is to be signed by a Customer representative. 6.2 Delivery is completed on the completion of unloading of the Goods at vehicles. The client shall collect and return the delivery locationequipment from EMEs premises during EMEs published business opening hours. Opening ours can be found on EMEs website xxx.xxxxxxxxxxxxxxx.xxx/xxxxxxx. Collection and return of equipment outside of these hours must be by prior arrangement in writing with EME and may incur additional charges. If agreed and specified as part of the hire agreement, EME shall deliver the equipment to an address specified by the client in advance. Where EME has agreed to deliver using company vehicles, EME shall deliver and collect on the risk days specified in the Goods shall pass hire agreement between the hours of 0900 and 1700, Monday to Friday, excluding bank holidays. Morning and afternoon slots may be requested, however delivery windows of 2 hours or less will incur additional charges which will be advised at the completion time of Deliverybooking. Title in the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9). 6.3 Any dates All times quoted or stated for delivery deliveries are approximate only, and the time of delivery is not of the essence. The Supplier only EME shall not be liable for any delay in delivery of the Goods that Equipment howsoever caused. Unless otherwise agreed in writing, the Hirer is caused responsible for loading, transporting and unloading the Equipment at the Site and on its return to EME and for all costs incurred in connection therewith, and any driver or operator supplied by a Force Majeure Event or EME shall be deemed to be under the Customer's failure to provide the Supplier Hirer’s control and shall comply with adequate delivery instructions or any other instructions that are relevant to the supply all reasonable directions of the Goods. 6.4 The Supplier engages a Delivery Service to deliver the Goods to the CustomerHirer. If the Delivery Service fails to deliver the Goods, Any deliveries or if the Goods are damaged in transit, the Supplier’s liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement Goods of similar description and quality in the cheapest market available, less the price collections outside of the Goodstimes specified in clause 2.6.5 will be defined as an out of hours collection and will incur additional charges. The Supplier shall have EME assumes no liability for any failure to deliver incorrect delivery information, and it is the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply responsibility of the Goods. 6.5 The Customer client to ensure the correct address and timing information is supplied at the point of confirming the order. Missed deliveries and collections or second deliveries and collections may choose incur additional delivery. Page 8 of 27 T&C_Rev1.2 EME reserves the right to elect to collect engage third party couriers for deliveries and collections without prejudice. EME assumes no liability for the Goods from the Warehouse, and in such circumstances (i) the collection is deemed completed; and (ii) the risk in the Goods shall pass, when the Goods are loaded to the Customer’s haulage vehicle (or to failure of a third-party haulage vehicle sent by company to deliver. It is the Customer) responsibility of the client to ensure the correct address and timing information is supplied at the Warehouse. Title in point of confirming the Goods shall not pass to the Customer until payment has been received (in accordance with clause 9)order.

Delivery and Collection. 6.1 The Supplier 5.1 Clauses 5.2 to 5.5 shall ensure that each apply if the Owner is responsible for the delivery of the Goods Equipment and clause 5.6 to 5.8 shall apply if the Hirer is accompanied by a delivery note that shows responsible for the date collection of the Order and the type and quantity Equipment. 5.2 The Owner shall use all reasonable endeavours to effect Delivery of the Goods (Equipment to the “Proof of Delivery”), and this Proof of Delivery is to be signed by a Customer representative. 6.2 Delivery is completed Site on the completion of unloading of the Goods at the delivery location, Commencement Date and the risk in the Goods shall pass at the completion of Delivery. Title in the Goods shall not pass to the Customer until payment has been received (transfer in accordance with clause 9)6 of this Agreement. 6.3 Any dates quoted for delivery are approximate only, and the time of delivery is not 5.3 The Hirer shall procure that a duly authorised representative of the essenceHirer shall be present at the Delivery of the Equipment. The Supplier Acceptance of Delivery by such representative shall not constitute conclusive evidence that the Hirer has examined the Equipment and has found it to be liable in good condition, complete and fit in every way for any delay in the purpose for which it is intended. If required by the Owner, the Hirer's duly authorised representative shall sign a receipt confirming such acceptance. 5.4 To facilitate Delivery, the Hirer shall at its sole expense provide all requisite materials, facilities, access and suitable working conditions to enable Delivery to be carried out safely and expeditiously. 5.5 In the event that the Owner is unable to effect Delivery of the Equipment on the Commencement Date due to the act or omission of the Hirer: 5.5.1 the Rental Payments shall continue to be payable from the Commencement Date notwithstanding that the Hirer has failed to accept delivery of the Goods that is caused by a Force Majeure Event or Equipment; and 5.5.2 the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 6.4 The Supplier engages a Delivery Service to deliver the Goods to the Customer. If the Delivery Service fails to deliver the Goods, or if the Goods are damaged in transit, the Supplier’s liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement Goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier Owner shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by Hirer should there be a Force Majeure Event delay in making the Equipment available for re-delivery or the Customer's failure to provide the Supplier with adequate delivery instructions or collection on any other instructions that are relevant to day other than the supply of the GoodsCommencement Date. 6.5 5.6 The Customer may choose to elect Owner shall make the Equipment available to collect by the Goods Hirer during normal business hours on the Commencement Date. 5.7 The Hirer shall collect the Equipment from the Warehouse, Owner during normal business hours on the Commencement Date and in such circumstances (i) the collection is deemed completed; and (ii) the risk in the Goods shall pass, when the Goods are loaded to the Customer’s haulage vehicle (or to a third-party haulage vehicle sent by the Customer) at the Warehouse. Title in the Goods shall not pass to the Customer until payment has been received (transfer in accordance with clause 9)6 of this Agreement. 5.8 In the event that the Hirer fails to collect the Equipment from the Owner on the Commencement Date: 5.8.1 the Rental Payments shall continue to be payable from the Commencement Date notwithstanding that the Hirer has failed to collect the Equipment; and 5.8.2 the Owner shall have no liability to the Hirer should there be a delay in making the Equipment available for collection on any other day other than the Commencement Date.