Common use of Delivery and Returns Clause in Contracts

Delivery and Returns. ‌ 11.1 Any delivery date indicated by GammaTec shall merely be regarded as the estimated date of delivery and shall not bind GammaTec to effect delivery on such date. 11.2 The Customer shall accept delivery whenever it is tendered and shall not be entitled to resile from the agreement nor to withhold or defer any payment nor to a reduction in price nor to any other right or remedy against GammaTec, its servant, agents or any other persons for whom it is liable in law (in whose favour this constitutes a stipulatio xxxxxx) whether for losses, costs, damages, expenses, interest or otherwise on account of delays in effecting delivery, partial delivery or non-delivery, whether occasioned by any negligent act or omission on the part of GammaTec, its servants, agents or any other persons for whom it is liable in law, or not. 11.3 If delivery of any particular order is to be effected in consignments, GammaTec shall not be obliged to deliver any part of the order until the purchase price, which is due in respect of the part of the order that has already been delivered has been paid. 11.4 The Customer shall be obliged to inspect all Goods upon delivery and shall endorse the delivery note as to any missing or damaged Goods. No claims for missing or damaged Goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition, the Customer notifies GammaTec in writing within 7 days of the delivery of the Goods of the claim in question and the Goods relating to such claim, furnishing full details in regard thereto. The Customer shall bear the onus of proving that upon delivery, any Goods are missing or damaged or that the Customers order was in any way not complied with. 11.5 In case of a claim the Customer must complete a Return Merchandise Authorisation form and submit it to GammaTec Customer Services with all relevant details. GammaTec will assess the claim and issue an authorisation number to the Customer to commence the return procedure. Merchandise authorised for return must be received at the GammaTec office of purchase within 30 days of receipt by the Customer of the RMA number. 11.6 Where the Goods have been specially ordered, or manufactured, the Customer remains liable for payment. However, GammaTec will attempt to re-sell the goods on behalf of the Customer. GammaTec will not accept return of any such goods that could not be sold by, or on behalf of, the Customer. 11.7 Where goods have been correctly supplied, GammaTec MAY: 11.7.1. Accept return of the goods under the following conditions: 11.7.1.1. Goods in a new and re-stockable condition must be returned in the original packaging including all relevant documentation. 11.7.1.2. Consumables with an expiry date in excess of 90 days. 11.7.1.3. All subject to the Customers’ liability for the costs of any repair work or replacement of missing parts and accessories. 11.7.1.4. All subject to a re-stocking fee of 15% of the original purchase price. 11.7.1.5. Goods returned to the GammaTec office of purchase within 30 days of the Customer’s receipt of the RMA number. 11.7.2. Not Accept return of the Goods under the following conditions: 11.7 2.1. Radiographic Film and Radiographic Film processing chemicals. 11.7.2.2. Radioactive Sources.

Delivery and Returns. ‌5.1 Whilst the Company will use its reasonable endeavors to deliver the Goods in accordance with the Customer’s requirements as set out in the Contract, the Company will not be liable for any consequences of late delivery howsoever caused. 11.1 5.2 Any time or date given by the Company for delivery date indicated by GammaTec shall merely be regarded is intended as an estimate only and time is not of the estimated date essence. No delay or failure in respect of delivery and or part delivery shall not bind GammaTec entitle the Customer to effect delivery on such datetreat the Contract as repudiated. 11.2 The Customer shall accept 5.3 Should expedited or early delivery whenever it is tendered be agreed, the Company reserves the right to levy an extra delivery charge and shall not be entitled to resile from charge for any additional costs and charges associated with facilitating expedited or early delivery in addition to those set out in the agreement nor to withhold or defer any payment nor to a reduction in price nor to any other right or remedy against GammaTec, its servant, agents or any other persons for whom it is liable in law (in whose favour this constitutes a stipulatio xxxxxx) whether for losses, costs, damages, expenses, interest or otherwise on account of delays in effecting delivery, partial delivery or non-delivery, whether occasioned by any negligent act or omission on the part of GammaTec, its servants, agents or any other persons for whom it is liable in law, or notContract. 11.3 If 5.4 The Company may make partial delivery of any particular order is or deliver any order by installments and these Conditions of Sale shall apply to each Each delivery shall be deemed to be effected in consignmentsa separate Contract. 5.5 If for any reason the Customer fails to take or accept delivery of any of the Goods, GammaTec shall not be obliged or the Company is unable to deliver any part of the order Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations: (i) risk in the Goods shall pass to the Customer (including for loss or damage caused by the Company’s negligence); (ii) the Goods shall be deemed to have been delivered; and (iii) the Company may store the Goods until delivery, whereupon the purchase price, which is due in respect of the part of the order that has already been delivered has been paid. 11.4 The Customer shall be obliged liable for all related costs and expenses (including, without limitation, storage and insurance); or (iv) the Company may sell the Goods at the best price readily obtainable and (after deducting any reasonable costs and expenses in connection with the storage and expedited sale of the Goods), charge the Customer for any shortfall below the price for the Goods. 5.6 Returns of non-faulty Goods are not permitted without the Company’s prior consent. If the Company agrees to inspect all Goods upon delivery and shall endorse the delivery note as to any missing or damaged Goods. No claims for missing or damaged Goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in additionaccept returns, the Customer notifies GammaTec in writing within 7 days of the delivery of the Goods of the claim in question and the Goods relating to such claim, furnishing full details in regard thereto. The Customer shall bear the onus of proving that upon delivery, any Goods are missing or damaged or that the Customers order was in any way not complied with. 11.5 In case of a claim the Customer must complete a Return Merchandise Authorisation form and submit it to GammaTec Customer Services with all relevant details. GammaTec will assess the claim and issue an authorisation number to the Customer to commence the return procedure. Merchandise authorised for return must be received at the GammaTec office of purchase within 30 days of receipt by the Customer of the RMA number. 11.6 Where the Goods have been specially ordered, or manufactured, the Customer remains liable for payment. However, GammaTec will attempt to re-sell the goods on behalf of the Customer. GammaTec will not accept return of any such goods that could not be sold by, or on behalf of, the Customer. 11.7 Where goods have been correctly supplied, GammaTec MAY: 11.7.1. Accept return of the goods under the following conditions: 11.7.1.1. Goods in a new and re-stockable condition must be returned at the Customer’s expense in the original packaging including all relevant documentation. 11.7.1.2. Consumables with an expiry date condition in excess of 90 days. 11.7.1.3. All subject to the Customers’ liability which they were supplied and less than 12 months old, or less than 3 months old for the costs of any repair work or replacement of missing parts products containing a battery, and accessories. 11.7.1.4. All their return will be subject to a re-stocking fee minimum administrative charge of 1525% of the original purchase total Contract price. Prior to returning the Goods, an RMA number must be sought from the Company and affixed in the manner described in Condition 9.5 below for any return to be processed. 11.7.1.5. Goods returned to the GammaTec office of purchase within 30 days of the Customer’s receipt of the RMA number. 11.7.2. Not Accept return of the Goods under the following conditions: 11.7 2.1. Radiographic Film and Radiographic Film processing chemicals. 11.7.2.2. Radioactive Sources.

Delivery and Returns. ‌ 11.1 Any delivery date indicated by GammaTec shall merely be regarded as the estimated date of delivery and shall not bind GammaTec to effect delivery on such date. 11.2 The Customer shall accept delivery whenever it is tendered and shall not be entitled to resile from the agreement nor to withhold or defer any payment nor to a reduction in price nor to any other right or remedy against GammaTec, its servant, agents or any other persons for whom it is liable in law (in whose favour this constitutes a stipulatio xxxxxx) whether for losses, costs, damages, expenses, interest or otherwise on account of delays in effecting delivery, partial delivery or non-delivery, whether occasioned by any negligent act or omission on the part of GammaTec, its servants, agents or any other persons for whom it is liable in law, or not. 11.3 If delivery of any particular order is to be effected affected in consignments, GammaTec shall not be obliged to deliver any part of the order until the purchase price, which is due in respect of the part of the order that has already been delivered has been paid. 11.4 The Customer shall be obliged to inspect all Goods upon delivery and shall endorse the delivery note as to any missing or damaged Goods. No claims for missing or damaged Goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition, the Customer notifies GammaTec in writing within 7 days of the delivery of the Goods of the claim in question and the Goods relating to such claim, furnishing full details in regard thereto. The Customer shall bear the onus of proving that upon delivery, any Goods are missing or damaged or that the Customers order was in any way not complied with. 11.5 In case of a claim the Customer must complete a Return Merchandise Authorisation form and submit it to GammaTec Customer Services with all relevant details. GammaTec will assess the claim and issue an authorisation number to the Customer to commence the return procedure. Merchandise authorised for return must be received at the GammaTec office of purchase within 30 days of receipt by the Customer of the RMA number. 11.6 Where the Goods have been specially ordered, or manufactured, the Customer remains liable for payment. However, GammaTec will attempt to re-sell the goods on behalf of the Customer. GammaTec will not accept return of any such goods that could not be sold by, or on behalf of, the Customer. 11.7 Where goods have been correctly supplied, supplied GammaTec MAY: 11.7.1. Accept return of the goods under the following conditions: 11.7.1.1. Goods in a new and re-stockable condition must be returned in the original packaging including all relevant documentation. 11.7.1.2. Consumables with an expiry date in excess of 90 days. 11.7.1.3. All subject to the Customers’ liability for the costs of any repair work or replacement of missing parts and accessories. 11.7.1.4. All subject to a re-stocking fee of 15% of the original purchase price. 11.7.1.5. Goods returned to the GammaTec office of purchase within 30 days of the Customer’s receipt of the RMA number. 11.7.2. Not Accept return of the Goods under the following conditions: 11.7 2.1. Radiographic Film and Radiographic Film processing chemicals. 11.7.2.2. Radioactive Sources.

Delivery and Returns. ‌ 11.1 Any 7.1 Save as otherwise agreed in writing by the Seller, delivery date indicated shall take place at the time the Goods leave the Seller’s premises. The Buyer shall take delivery of the Goods at the Seller’s premises and shall pay the costs of any checking or inspection of the Goods and of any packaging requested by GammaTec shall merely be regarded the Buyer. The Seller agrees if requested by the Buyer to arrange as the estimated date Buyer’s agent at the Buyer’s expense for the carriage (including loading and unloading) of delivery and shall not bind GammaTec to effect delivery on such date. 11.2 the Goods. The Customer shall accept delivery whenever it is tendered and Seller shall not be entitled to resile from the agreement nor to withhold responsible or defer any payment nor to a reduction in price nor to any other right or remedy against GammaTec, its servant, agents or any other persons for whom it is liable in law (in whose favour this constitutes a stipulatio xxxxxx) whether any way for losses, costs, damages, expenses, interest or otherwise on account of delays in effecting delivery, partial any non-delivery or non-deliverydelay in such carriage, whether occasioned by any negligent loss of or damage to the Goods during such carriage or the act or omission on (negligent or otherwise) of any third party in connection with any such carriage. The Buyer shall obtain all necessary import and export licences and approvals. 7.2 Delivery shall take place when the part of GammaTec, Goods are placed at the Buyer’s disposal as set out in Condition 7.1. The Seller shall use its servants, agents reasonable endeavours to meet any estimated or any other persons requested dates for whom it is delivery but shall not be liable in law, or notany way for any failure to meet any such date. The time of delivery shall not be of the essence of the Agreement. 11.3 If 7.3 In the event of the Buyer failing to take delivery of the Goods within 14 days of their becoming available, the Seller shall be free to store the Goods at the risk and expense of the Buyer and/or to re-sell any particular order of them without prejudice to the Seller’s rights and remedies against the Buyer. 7.4 The Seller shall be entitled to make partial deliveries of the Goods or deliver the Goods in instalments. Where delivery is to be effected or may be fulfilled in consignmentsseparate instalments, GammaTec deliveries or parts, each instalment, delivery or part shall constitute a separate contract. Payment for each instalment, delivery or part shall be made accordingly and any defect or failure in delivery of one or more instalments will not be obliged entitle the Buyer to deliver any part cancel other instalments or to terminate the Agreement. 7.5 The Buyer shall upon delivery of the order until Goods examine the purchase priceGoods and shall promptly notify the Seller, which is due and the carrier where relevant, of any damage, defect or shortage reasonably apparent to the Buyer on reasonable examination of the Goods. Claims in respect of the part any damage, defect or shortage must be made within 7 days following delivery of the order that has already been delivered has been paidGoods. Where the claim is for damage to a parts delivery this must be made within 24 hours of the signature accepting the goods. 11.4 The Customer shall 7.6 If the Seller indicates in the Order Confirmation that products are manufactured and/or ordered at the Buyer’s instruction or requirements, the respective order cannot be cancelled, the Buyer is obliged to inspect all Goods upon take delivery of the Products when they are made available by the Seller and shall endorse the delivery note Products cannot be returned 7.7 Where parts are delivered as outlined in paragraph 3.4 above the buyer may return the goods provided that they are in their original packaging and are in a resalable condition. Returns will be subject to any missing current fees and charges. 7.8 In the event of The Buyer wishing to return for refund some or damaged Goodsall of the goods The Buyer must first contact The Seller to obtain authorisation for the return of the goods. No claims for missing Following authorisation being granted The Buyer must return the goods within 14 days (or damaged Goods shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition, the Customer notifies GammaTec in writing 21 days where authorisation is given within 7 days of the delivery 24th December) of authorisation being granted. Where The Buyer requests that The Seller arrange collection of the Goods goods The Seller will deduct the cost of the claim in question and the Goods relating to such claim, furnishing full details in regard thereto. The Customer shall bear the onus of proving that upon delivery, any Goods are missing or damaged or that the Customers order was in any way not complied with. 11.5 In case of a claim the Customer must complete a Return Merchandise Authorisation form and submit it to GammaTec Customer Services with all relevant details. GammaTec will assess the claim and issue an authorisation number to the Customer to commence the return procedure. Merchandise authorised for return must be received at the GammaTec office of purchase within 30 days of receipt by the Customer of the RMA number. 11.6 Where the Goods have been specially ordered, or manufactured, the Customer remains liable for payment. However, GammaTec will attempt to re-sell the goods on behalf of the Customer. GammaTec will not accept return of any such goods that could not be sold by, or on behalf of, the Customer. 11.7 Where goods have been correctly supplied, GammaTec MAY: 11.7.1. Accept return of the goods under from any refund subsequently issued to The Buyer. The Seller will then refund the following conditions: 11.7.1.1value of the goods minus any current applicable fees and charges only after the goods have been inspected and are found to be suitable for resale. Goods in a new and re-stockable condition must be returned in the original packaging including all relevant documentationShipping charges are not eligible for refund. 11.7.1.2. Consumables with an expiry date in excess 7.9 In the event of 90 days. 11.7.1.3. All subject The Buyer wishing to return for refund some or all of the Customers’ liability goods due to a defect found within the warranty period The Buyer must first contact The Seller to obtain authorisation for the costs of any repair work or replacement of missing parts and accessories. 11.7.1.4. All subject to a re-stocking fee of 15% of the original purchase price. 11.7.1.5. Goods returned to the GammaTec office of purchase within 30 days of the Customer’s receipt of the RMA number. 11.7.2. Not Accept return of the Goods under goods. Following authorisation being granted The Buyer must return the goods within 14 days (or 21 days where authorisation is given within 7 days of 24th December) of authorisation being granted. Where goods are reported as defective The Seller will arrange collection of the goods from the address provided by The Buyer. If the goods are not available for collection at the address provided The Buyer must then return the goods within the required time period. The Seller will refund the value of the goods only following conditions: 11.7 2.1inspection and verification of the declared fault. Radiographic Film and Radiographic Film processing chemicalsWhere the goods are found not to have a fault The Seller will contact The Buyer to enable The Buyer to either request the goods be returned them at their cost or authorise disposal of the goods. 11.7.2.2. Radioactive SourcesShipping charges are only eligible for refund where the defective item is the only item supplied in the delivery.