Common use of Delivery of Goods and/or Services Clause in Contracts

Delivery of Goods and/or Services. 4.1 At the Creditor’s sole discretion delivery of the Goods and/or Services shall take place when the Customer takes possession of the Goods and/or Services at the Customer’s nominated address (in the event that the Goods and/or Services are delivered by the Creditor or the Creditor’s nominated carrier). 4.2 At the Creditor’s sole discretion the costs of delivery are included in the Price, subject to clause 3.4. 4.3 The Customer shall make all arrangements necessary to take delivery of the Goods and/or Services whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods and/or Services as arranged then the Creditor shall be entitled to charge a reasonable fee for redelivery. 4.4 Delivery of the Goods and/or Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this Agreement. 4.5 The Creditor may deliver the Goods and/or Services by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions. 4.6 The failure of the Creditor to deliver shall not entitle either party to treat this contract as repudiated. 4.7 The Creditor shall not be liable for any loss or damage whatever due to failure by the Creditor to deliver the Services (or any of them) promptly or at all where such failure is due to circumstances beyond the control of the Creditor.