Common use of Delivery and Risk Clause in Contracts

Delivery and Risk. (1) Any time or date for the delivery of Goods given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company either as a term of the Contract or otherwise. Time for despatch or delivery shall not be of the essence unless previously agreed in writing by a duly authorised representative of the Company. In no circumstances shall the Company be liable for any loss or damage sustained by the Customer in consequence of failure to despatch or deliver within such time or by such date or in consequence of any other delay in despatch or delivery however caused. (2) If the Customer collects the Goods delivery shall be deemed to be made at the Company's Premises and the risk in the Goods shall pass to the Customer upon the Goods being loaded on to the delivery vehicle(s) at the Company's Premises. (3) If the Company agrees to deliver the Goods: (a) delivery shall be made to the address stated on the order or any other address accepted by the Company ("Delivery Address"); (b) the Customer shall provide the Company with safe and adequate access to the Delivery Address for delivery of the Goods; (c) the Company shall be entitled to deliver the Goods to any person whom the Company reasonably believes has authority to accept delivery on behalf of the Customer; and (d) the risk in the Goods shall pass to the Customer upon the Goods being unloaded at the Delivery Address. (4) If the Company agrees to deliver the Goods and delivers the Goods in bulk containers: (a) the Customer shall clearly indicate to the carrier effecting delivery the correct location silo or xxxxxx into which the Goods are to be discharged or otherwise delivered. The Company shall not be liable for any losses damages costs or expenses if through no fault of the Company delivery is made to the wrong location silo or xxxxxx; (b) where the Company fails to deliver the Goods for any reason other than any cause beyond the Company's reasonable control or the Customer's fault and the Company is accordingly liable to the Customer the Company's liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods; (c) in the event of persistent failure by the Company to deliver pursuant to calls-off under the Contract the Customer shall be entitled to terminate the Contract on 3 days' written notice to the Company but shall have no other recourse against the Company for any loss or damage arising therefrom whatsoever; and (d) the Customer shall pay the demurrage rate (if any) specified in the Contract in the event that the unloading of the Goods is delayed by more than 2 hours after the Goods have arrived at the Delivery Address (except where such delay is caused by the Company's breach of contract or negligence), and the Customer shall indemnify the Company against all losses costs damages and expenses incurred as a result of such delay. (5) In the event of short delivery or over delivery the Customer shall not be entitled to reject the Goods or to treat the Contract as repudiated and shall notify the Company of the short delivery or over delivery at the time of delivery or as soon as possible thereafter and provide the Company reasonable access to the Goods to correct any mistake in delivery. (6) The Customer must check and sign all delivery notes at the time of delivery the signing of delivery notes or the provision of the Customer's own goods received notes to the Company will constitute acceptance of the Goods delivered within the meaning of Section 35 of the Sale of Goods Act 1979. (7) The Customer waives its right to reject part only of a consignment of the Goods under Section 35A of the Sale of Goods Act 1979. (8) Without prejudice to Conditions 4(5) and 4(6) the Customer shall be deemed to have accepted the Goods if the Customer has not notified the Company that it has rejected the Goods within 72 hours of delivery. (9) The Company shall not in any event be liable for any loss or damage to the Goods occurring after delivery to the Customer. (10) The Company may deliver the Goods in instalments and invoice the Customer as if each instalment comprised a separate contract upon the terms of these Conditions. Where the Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated. (11) The Company reserves the right to put the Goods, or any portion thereof, into storage at the Customer's risk and expense in the following cases, or in any other comparable circumstances: (a) where the Goods are about to be despatched and the Customer notifies the Company that the Customer is or will be unable to accept delivery of the Goods when tendered; or (b) where the Customer fails to collect the Goods when ready; or (c) where the Customer refuses without good cause to take delivery of the Goods or provide the Company with the information or instructions the Company requires in order to deliver the Goods.

Delivery and Risk. (1) Any time or date for the delivery of Goods given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company either as a term of the Contract or otherwise. Time for despatch or delivery shall not be of the essence unless previously previ- ously agreed in writing by a duly authorised representative of the Company. In no circumstances shall the Company be liable for any loss or damage sustained by the Customer in consequence of failure to despatch or deliver within such time or by such date or in consequence of any other delay in despatch or delivery however caused. (2) If the Customer collects the Goods delivery shall be deemed to be made at the Company's Premises and the risk in the Goods shall pass to the Customer upon the Goods being loaded on to the delivery vehicle(s) at the Company's Premises. (3) If the Company agrees to deliver the Goods: : (a) delivery shall be made to the address stated on the order or any other address accepted by the Company ("Delivery Address"); ; (b) the Customer shall provide the Company with safe and adequate access to the Delivery Address for delivery of the Goods; ; (c) the Company shall be entitled to deliver the Goods to any person whom the Company reasonably believes has authority to accept delivery on behalf of the Customer; and and (d) the risk in the Goods shall pass to the Customer upon the Goods being unloaded at the Delivery AddressAd- dress. (4) If the Company agrees to deliver the Goods and delivers the Goods in bulk containers: : (a) the Customer shall clearly indicate to the carrier effecting ef- fecting delivery the correct location silo or xxxxxx into which the Goods are to be discharged or otherwise delivered. The Company shall not be liable for any losses damages costs or expenses if through no fault of the Company delivery is made to the wrong location silo or xxxxxx; ; (b) where the Company fails to deliver the Goods for any reason other than any cause beyond the Company's reasonable control or the Customer's fault and the Company is accordingly liable to the Customer the Company's liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods; ; (c) in the event of persistent failure by the Company to deliver pursuant to calls-off under the Contract the Customer shall be entitled to terminate the Contract on 3 days' written notice to the Company but shall have no other recourse against the Company for any loss or damage arising therefrom whatsoever; and and (d) the Customer shall pay the demurrage rate (if any) specified in the Contract in the event that the unloading of the Goods is delayed by more than 2 hours after the Goods have arrived at the Delivery Address (except where such delay is caused by the Company's breach of contract or negligence), and the Customer shall indemnify the Company against all losses costs damages and expenses incurred as a result of such delay. (5) In the event of short delivery or over delivery the Customer shall not be entitled to reject the Goods or to treat the Contract as repudiated and shall notify the Company of the short delivery or over delivery at the time of delivery or as soon as possible thereafter and provide the Company reasonable access to the Goods to correct any mistake in delivery. (6) The Customer must check and sign all delivery notes at the time of delivery the signing of delivery notes or the provision of the Customer's own goods received notes to the Company will constitute acceptance of the Goods delivered within the meaning of Section 35 of the Sale of Goods Act 1979. (7) The Customer waives its right to reject part only of a consignment of the Goods under Section 35A of the Sale of Goods Act 1979. (8) Without prejudice to Conditions 4(5) and 4(6) the Customer shall be deemed to have accepted the Goods if the Customer has not notified the Company that it has rejected the Goods within 72 hours of delivery. (9) The Company shall not in any event be liable for any loss or damage to the Goods occurring after delivery to the Customer. (10) The Company may deliver the Goods in instalments and invoice the Customer as if each instalment comprised a separate contract upon the terms of these Conditions. Where the Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Company Com- pany to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated. (11) The Company reserves the right to put the Goods, or any portion thereof, into storage at the Customer's risk and expense in the following cases, or in any other comparable circumstances: : (a) where the Goods are about to be despatched and the Customer notifies the Company that the Customer is or will be unable to accept delivery of the Goods when tendered; or or (b) where the Customer fails to collect the Goods when ready; or (c) where the Customer refuses without good cause to take delivery of the Goods or provide the Company with the information or instructions the Company requires in order to deliver the Goods.

Delivery and Risk. (1a) Any time or date for Delivery of the delivery of Goods given by the Company shall be taken as an estimate made by to the Company Customer at the place specified in good faith but shall not be binding upon the Company either as a term of the Contract or otherwise. Time for despatch or delivery shall not be of as subsequently agreed between the essence unless previously agreed in writing by a duly authorised representative of the Company. In no circumstances shall the Company be liable for any loss or damage sustained by the Customer in consequence of failure to despatch or deliver within such time or by such date or in consequence of any other delay in despatch or delivery however caused. (2) If the Customer collects the Goods delivery shall be deemed to be made at the Company's Premises parties and the risk in the is respect of all Goods shall pass to the Customer upon at the Goods being loaded on to the time of delivery. If no place for delivery vehicle(s) is specified or agreed delivery shall take place at the Company's Premises’s work immediately prior to loading for dispatch to the Customer. Notwithstanding such delivery the property in and title to the Goods shall not pass to the Customer expect as provided in Condition 6. (3b) If delivery is to be made at the Company agrees to deliver premises of the Goods: (a) Company’s warehouseman or other bailee, sufficient delivery shall be made by the delivery to the address stated on the order or any other address accepted Customers by the Company ("Delivery Address"); (b) of an order on or by the transfer to the Customer shall provide of the Company with safe and adequate access to warrant of such warehouseman or bailee for the Delivery Address for release or delivery of the Goods;. (c) the The Company shall be entitled to deliver make delivery of the Goods by instalments and to any person whom invoice the Company reasonably believes has authority to accept delivery on behalf of the Customer; andCustomer for each instalment despatched. (d) the risk in Where damage to or loss of the Goods shall pass occurs before delivery to the Customer upon the Company undertakes (subject as provided below to replace or (at its discretion) to repair free of charge any Goods being unloaded so damaged or lost in which event the time for delivery of the damaged or lost Goods shall be extended for such replacement or repair. The foregoing undertaking of the Company is conditional upon: i) The Customer giving written notice of such damage or loss with reasonable particulars therefore to the Company and to the carriers (if other than the Company) within 14 days of receipt of the Company’s or the carriers delivery advice or other notification of dispatch; and ii) The Customer if requested by the Company and at the Delivery AddressCustomer’s cost returning any damaged Goods to the Company’s works within one month of receipt thereof. (4e) If the Company agrees to deliver the Goods and delivers the Goods in bulk containers: (a) the Customer shall clearly indicate to the carrier effecting delivery the correct location silo or xxxxxx into which Where the Goods are not manufactured or supplied directly by the Company and are delivered direct to be discharged the Customer from the manufacturer or otherwise delivered. The supplier the Company shall not be liable for any losses damages costs damage to or expenses if through no fault of the Company delivery is made to the wrong location silo or xxxxxx; (b) where the Company fails to deliver the Goods for any reason other than any cause beyond the Company's reasonable control or the Customer's fault and the Company is accordingly liable to the Customer the Company's liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods; (c) in the event of persistent failure by the Company to deliver pursuant to calls-off under the Contract the Customer shall be entitled to terminate the Contract on 3 days' written notice to the Company but shall have no other recourse against the Company for any loss or damage arising therefrom whatsoever; and (d) the Customer shall pay the demurrage rate (if any) specified in the Contract in the event that the unloading of the Goods is delayed by more than 2 hours after the Goods have arrived at the Delivery Address (except where such delay is caused by the Company's breach of contract whatsoever or negligence), and the Customer shall indemnify the Company against all losses costs damages and expenses incurred as a result of such delaywhen so ever occurring. (5f) In Save as expressly provided in this condition in the event of short delivery or over delivery the Customer Company shall not be entitled have any liability whatsoever for or in connection with any damage to reject the Goods or to treat the Contract as repudiated and shall notify the Company of the short delivery or over delivery at the time of delivery or as soon as possible thereafter and provide the Company reasonable access to the Goods to correct any mistake in delivery. (6) The Customer must check and sign all delivery notes at the time of delivery the signing of delivery notes or the provision of the Customer's own goods received notes to the Company will constitute acceptance loss of the Goods delivered within in transit to the meaning of Section 35 of the Sale of Goods Act 1979. (7) The Customer waives its right to reject part only of a consignment of the Goods under Section 35A of the Sale of Goods Act 1979. (8) Without prejudice to Conditions 4(5) and 4(6) the Customer shall be deemed to have accepted the Goods if the Customer has not notified the Company that it has rejected the Goods within 72 hours contracted place of delivery. (9) The Company shall not in any event be liable for any loss or damage to the Goods occurring after delivery to the Customer. (10) The Company may deliver the Goods in instalments and invoice the Customer as if each instalment comprised a separate contract upon the terms of these Conditions. Where the Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated. (11) The Company reserves the right to put the Goods, or any portion thereof, into storage at the Customer's risk and expense in the following cases, or in any other comparable circumstances: (a) where the Goods are about to be despatched and the Customer notifies the Company that the Customer is or will be unable to accept delivery of the Goods when tendered; or (b) where the Customer fails to collect the Goods when ready; or (c) where the Customer refuses without good cause to take delivery of the Goods or provide the Company with the information or instructions the Company requires in order to deliver the Goods.

Delivery and Risk. (1a) Any time or date for the delivery The risk in respect of Goods given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company either as a term of all goods supplied under the Contract or otherwise. Time for despatch or delivery shall not be of the essence unless previously agreed in writing by a duly authorised representative of the Company. In no circumstances shall the Company be liable for any loss or damage sustained by the Customer in consequence of failure to despatch or deliver within such time or by such date or in consequence of any other delay in despatch or delivery however caused. (2) If the Customer collects the Goods delivery shall be deemed to be made at the Company's Premises and the risk in the Goods shall pass to the Customer upon the Goods goods being loaded on delivered to the Customer as provided in the Contract or in accordance with the Customer's delivery vehicle(s) instructions but notwithstanding such delivery, the property in the goods shall not pass to the Customer except as provided in Condition 5 unless otherwise agreed in writing. The Company shall on behalf of the Customer and at the CompanyCustomer's Premises. (3) If expense arrange for the Company agrees to deliver the Goods: (a) delivery shall be made to the address stated on the order or any other address accepted by the Company ("Delivery Address"); (b) the Customer shall provide the Company with safe and adequate access to the Delivery Address for delivery carriage of the Goods; (c) goods and the carrier selected by the Company shall be entitled to deliver the Goods to any person whom the Company reasonably believes has authority to accept delivery on behalf agent of the Customer; and (d) the risk in the Goods shall pass to the Customer upon the Goods being unloaded at the . Delivery Address. (4) If the Company agrees to deliver the Goods and delivers the Goods in bulk containers: (a) the Customer shall clearly indicate to the carrier effecting will, in such circumstances constitute delivery to the correct location silo or xxxxxx into which the Goods are to be discharged or otherwise deliveredCustomer. The Company shall not be liable for any losses damages costs damage or expenses if through no fault loss occurring after the goods have been delivered to the Customer as aforesaid. b) Where damage or loss occurs to the goods before delivery thereof to the Customer in accordance with paragraph 4a above, the Company undertakes to replace or (at its discretion) to repair free of charge any goods damaged or lost in transit to the contracted place of delivery in which event the time for delivery of the Company delivery is made to the wrong location silo damaged or xxxxxx; (b) where lost goods shall be extended for such period as the Company fails shall reasonably require for such replacement or repair. c) Conditions precedent to deliver the Goods for any reason other than any cause beyond the Company's undertaking to repair or replace under paragraph 4b above are: (i) that the Customer shall have given written notice of such damage or loss with reasonable control or the Customer's fault and particulars thereof to the Company is accordingly liable and to the Customer carrier if other than the Company within three days of the receipt of the goods or in the case of total loss within fourteen days of receipt of the Company's liability shall be limited to or the excess (if any) carrier's delivery advice or other notification of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods;despatch and (cii) in that the event of persistent failure Customer, if requested by the Company to deliver pursuant to calls-off under the Contract the Customer shall be entitled to terminate the Contract on 3 days' written notice to the Company but do so, shall have no other recourse against the Company for any loss or damage arising therefrom whatsoever; and (d) the Customer shall pay the demurrage rate (if any) specified returned in the Contract in the event that the unloading case of the Goods is delayed by more than 2 hours after the Goods have arrived at the Delivery Address (except where damaged goods such delay is caused by goods to the Company's breach of contract Works within one month or negligence)receipt thereto. d) Save as expressly provided in this Condition, and the Customer shall indemnify the Company against all losses costs damages and expenses incurred as a result of such delay. (5) In the event of short delivery or over delivery the Customer shall not be entitled have any liability whatsoever or in connection with any damage to reject the Goods or to treat the Contract as repudiated and shall notify the Company loss of the short delivery or over delivery at the time of delivery or as soon as possible thereafter and provide the Company reasonable access goods in transit to the Goods to correct any mistake in delivery. (6) The Customer must check and sign all delivery notes at the time of delivery the signing of delivery notes or the provision of the Customer's own goods received notes to the Company will constitute acceptance of the Goods delivered within the meaning of Section 35 of the Sale of Goods Act 1979. (7) The Customer waives its right to reject part only of a consignment of the Goods under Section 35A of the Sale of Goods Act 1979. (8) Without prejudice to Conditions 4(5) and 4(6) the Customer shall be deemed to have accepted the Goods if the Customer has not notified the Company that it has rejected the Goods within 72 hours contracted place of delivery. (9e) The Where the goods are not manufactured by the Company and are delivered direct to the customer by, or collected by the Customer from, the manufacturer the Company shall not in any event be liable for any loss or damage to the Goods occurring after delivery to the Customergoods whatsoever or whensoever occurring. (10) The Company may deliver the Goods in instalments and invoice the Customer as if each instalment comprised a separate contract upon the terms of these Conditions. Where the Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated. (11) The Company reserves the right to put the Goods, or any portion thereof, into storage at the Customer's risk and expense in the following cases, or in any other comparable circumstances: (a) where the Goods are about to be despatched and the Customer notifies the Company that the Customer is or will be unable to accept delivery of the Goods when tendered; or (b) where the Customer fails to collect the Goods when ready; or (c) where the Customer refuses without good cause to take delivery of the Goods or provide the Company with the information or instructions the Company requires in order to deliver the Goods.