Common use of Delivery; Title Clause in Contracts

Delivery; Title. 3.1 Unless you order and collect the goods from our trade counter, we will deliver them in accordance with your order usually within the stated delivery time but certainly within 30 days of accepting your order. In addition to your rights under clause 5, in the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts. 3.2 For reasons of health and safety and to avoid any property damage, most items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us. 3.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs. 3.4 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

Delivery; Title. 3.1 Unless you order and collect the goods from our trade counter, we We will deliver them the Products to the location set out in accordance the order (or such other location as we may both agree in writing) (“Delivery Point”). Products shall be delivered FCA Shipping Point (Incoterms 2020), unless otherwise specified in the order. 3.2 Unless otherwise specified in the order, risk in the Products passes to you on delivery. Delivery is completed upon the unloading of the Products at the Delivery Point. You are responsible for unloading. 3.3 We will use reasonable efforts to deliver the Products by the date specified in the order. Time of delivery shall not be of the essence. We’re not liable for any delay in delivery that is caused by any circumstances beyond our control, including a force majeure event and/ or anything that you do or fail to do. 3.4 We may deliver the Products early, in partial shipments, or both. Each shipment will be invoiced and paid for separately. A delay to or defect in one shipment does not give you a right to cancel any other shipment. 3.5 We won’t accept orders below the minimum order value, which was communicated to you when you opened your account with your us. If we agree to accept an order usually within below the stated delivery time but certainly minimum order value, we’ll notify you of the additional handling surcharge you will need to pay. Our agreement to accept an order below the usual minimum order value in one instance doesn’t apply to any future order. 3.6 You must notify us of any claims for damage or shortages within 30 days of accepting your orderreceipt of a shipment. In addition Claims made after that date will not be effective and are waived and forfeited. 3.7 If we fail to your rights under clause 5deliver the Products, in the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer our liability is limited to the delivery options set out on our website to ensure that we can deliver to your addresscosts and expenses you incur obtaining replacement products of similar description and quality at the least expensive price available, less the price of the Products. A valid signature will be required on collection or delivery. In the unlikely event that you We have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods no liability for any defects failure to deliver Products where such failure is caused by a force majeure event or missing partscircumstances beyond our reasonable control. 3.2 For reasons of health and safety and to avoid any property damage, most items can only be delivered to the exterior of a ground floor location at 3.8 Where we are responsible for the delivery address. You must therefore make your own arrangements at your own risk of the Products, if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us. 3.3 You must do all that you reasonably can to enable delivery fail to take place at delivery of the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date Products within 30 two days of the failed delivery. If delivery fails as originally scheduled date, then (unless such failure is caused by a result of circumstances within your reasonable controlforce majeure event), the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs. 3.4 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods Products shall be deemed to have been completed at 9 am on the third day after the originally scheduled delivery date, and we will store the Products at your risk. In spite of risk until delivery having been madetakes place, ownership and charge you for all related costs and expenses (also known as “title”) in including insurance). 3.9 Title to the goods shall Products will not pass transfer to you until you have paid the price for the goods in full and no other sums whatsoever all amounts owing to us in respect of such Products. This Section does not apply to any software, which shall be due to us from you. the subject of separate terms and conditions. 3.10 Until title in the goods passes from us, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us Products has passed to you, you shall will: (a) store the goods at your own cost Products separately from all other goods you hold so that they are readily identifiable as our property; (b) not remove, deface or obscure any mark or packaging on or relating to the Products; (c) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and (d) notify us immediately of any event listed in Section 7.1. 3.11 At any time before title passes to you, we may ask you to deliver up all the Products in your possession and marked or enter your premises to repossess them. Any proceeds of your sale of any Products shall be held in such a way trust for us. 3.12 We are entitled to maintain an action for the price of any Products notwithstanding that they are clearly identified as our propertytitle to them has not passed to you.

Delivery; Title. 3.1 1. Unless you order and choose to collect the goods from our trade counter, we distribution centre and except in exceptional circumstances (as contemplated in clause 12),we will deliver them the goods in accordance with your order usually within the stated delivery time but certainly within not more than 30 days of accepting after the day you place your order, unless otherwise agreed between you and us, subject always to clause 6 and 12. In addition We reserve the right to your rights under clause 5, deliver an order in the unlikely event that we do not make the instalments by separate delivery shipments. Further information about delivery of our goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to deliverycan be found at www.Northgate XXX.xxx 2. Before placing your order, please refer to the delivery options set out on our website and in our catalogues to ensure that we can deliver to your address. A valid signature will may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts. 3.2 3. For reasons of health and safety and to avoid any property damage, most items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation fitting or fitting waste removal services upon delivery unless otherwise agreed by usus in writing. 3.3 4. You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs. 3.4 5. Without prejudice to Clause 3.3clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your riskrisk and responsibility. In spite of delivery having been madeor collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no and, where other sums whatsoever shall be due payable to us from youyou are overdue, you have paid those sums too. Until title in the goods passes from usus to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.

Delivery; Title. 3.1 Unless you order and collect the goods from one of our trade countercounters, we will deliver them in accordance with your order usually within the stated delivery time but certainly within 30 days of accepting your order. In addition to your rights under clause 5, in the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the delivery options set out on our website and in our catalogues to ensure that we can deliver to your address. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts. 3.2 For reasons of health and safety and to avoid any property damage, most ‘Big Stuff’ items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us. 3.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs. 3.4 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.and