Uncollected goods. 13.1 The Company may at its discretion sell or otherwise dispose of Perishable Goods without notice to the Customer where the Goods are not collected immediately upon arrival, are insufficiently or incorrectly addressed or are not identifiable.
13.2 Without limitation to clause 13.1, the Company may at its discretion sell or return Goods that cannot be delivered because they are insufficiently or incorrectly addressed, are not identifiable, are uncollected or not accepted after 21 days' notice to the Customer or where the Customer fails to pay any cost or do any action reasonably necessary for the Company to deliver the Goods.
13.3 Where the Company sells Goods under clauses 11, 13.1 or 13.2;
(a) it does so as principal, not as agent, and is not the trustee of the power of sale;
(b) the Customer must pay all costs, charges and expenses incurred by the Company in connection with the storage, sale or return of the Goods, which may be deducted from the proceeds of the sale of the Goods;
(c) the Company is entitled to recover any deficit from the Customer where the proceeds of sale of the Goods do not satisfy the amounts payable to the Company.
Uncollected goods. 13.1 The Company may at its discretion sell or otherwise dispose of Perishable Goods without notice to the Customer where the Goods are not collected immediately upon arrival, are insufficiently or incorrectly addressed or are not identifiable.
13.2 Without limitation to clause 13.1, the Company may at its discretion sell or return Goods that cannot be delivered because they are insufficiently or incorrectly addressed, are not identifiable, or are uncollected or not accepted after 21 days' notice to the Customer.
13.3 Where the Company sells Goods under clauses 11, 13.1 or 13.2;
(a) it does so as principal, not as agent, and is not the trustee of the power of sale;
(b) the Customer must pay all costs, charges and expenses incurred by the Company in connection with the storage, sale or return of the Goods, which may be deducted from the proceeds of the sale of the Goods;
(c) the Company is entitled to recover any deficit from the Customer where the proceeds of sale of the Goods do not satisfy the amounts payable to the Company.
Uncollected goods. 20.1 The Club hereby gives notice to the Customer that vessels accepted by the Club for mooring within the Marina are subject to the Disposal of Uncollected Goods Xxx 0000 (as amended) which confers upon the Club a right of sale exercisable in certain circumstances after an interval of not less than six months from the date on which such vessels are ready for re-delivery to the Customer, such date being that upon which the Club gives the Customer written notice to remove the Vessel from the Marina.
Uncollected goods. 9.1 The Purchaser warrants that it has full and unencumbered title to any Bailed Goods.
9.2 In the event that:
(a) the Company gives a Notice to Collect to a Xxxxxx with respect to Bailed Goods and the Xxxxxx fails to collect those goods within the 7 day period specified in that notice; and
(b) the Company then gives a Notice of Disposal to a Xxxxxx with respect to the same goods and the Xxxxxx further fails to collect those goods (the “Uncollected Goods”) within the 3 month period specified in that notice; then:
(c) all of the Xxxxxx’x rights, title and interest in the Uncollected Goods passes to the Company;
(d) the Company may sell, dispose of or otherwise deal with the Uncollected Goods as it sees fit;
(e) any deposits, advance payments or progress payments made by the Xxxxxx to the Company are forfeited by the Xxxxxx to the Company;
(f) the Xxxxxx forever releases the Company from any Claims arising in connection with the Uncollected Goods.
9.3 The Xxxxxx acknowledges that the Company relies upon the warranty in clause 9.1 in exercising its right to sell, dispose or otherwise deal with Uncollected Goods under clause 9.2(d). The Xxxxxx indemnifies the Company for any loss or damage incurred by the Company in connection with the Uncollected Goods, including any breach of the warranty in clause 9.1.
9.4 In the event of any inconsistency between these terms and conditions and any laws dealing with uncollected goods, these terms and conditions will prevail to the extent permitted by law.
9.5 The Xxxxxx is liable to the Company, and the Company may charge to the Xxxxxx, the following charges in relation to any Goods or Uncollected Goods:
(a) a charge of $70 per square metre per month for storing the Uncollected Goods from the date of the expiration of the 7 day period in the Notice to Collect;
(b) an administration charge of $20.00, or such higher amount as may be reasonable, for each item of Bailed Goods;
(c) any expenses of the Company incidental to the sale or such other disposition of the Uncollected Goods under clause 9.2(d).
9.6 The charges under clause 9.5 are a debt due and payable to the Company.
9.7 Any Goods or Uncollected Goods stored by the Company are at the Xxxxxx’x risk.
Uncollected goods. 15.1 Whale may at its discretion sell or otherwise dispose of Perishable Goods without notice to the Customer where the Goods are not collected immediately upon arrival, are insufficiently or incorrectly addressed or are not identifiable.
15.2 Without limitation to clause 15.1, Whale may at its discretion sell or return Goods that cannot be delivered because they are insufficiently or incorrectly addressed, are not identifiable, are uncollected or not accepted after 21 days' notice to the Customer or where the Customer fails to pay any cost or do any action reasonably necessary for Whale to deliver the Goods.
Uncollected goods. 15.1. The Supplier may exercise its right as regards uncollected goods under the Torts (Interference with Goods) Xxx 0000, if the vehicle is not collected when the work is completed subject to the Supplier complying with the provisions of the Torts (Interference with Goods) Xxx 0000.
Uncollected goods. 13.1 Residents are responsible to take their personal belongings with them when they vacate.
13.2 Foundation Housing will dispose of any uncollected goods left by residents after 10 working days from the date the room is vacated and any costs associated with packing, storage or transport of goods will be deducted from the resident bond.
13.3 Residents evicted due to serious violence will not be allowed to re-enter the lodge to collect belongings and will need to nominate another person to collect.
Uncollected goods. Subject to any applicable legislation governing the disposal of uncollected goods, if the Equipment is not removed by the Removal Date (or Agent approved extension date), and after notice to the Purchaser, the Equipment shall be deemed to be abandoned and will be reclaimed by the Vendor and no refund of monies paid will be made.
Uncollected goods. 10.1. If goods are undeliverable for whatever reason the Carrier will hold them in safe keeping for three (3) months. The cost of the storage will be paid by the Customer. The Carrier will be entitled to retain the goods until payment of the storage fees have been paid.
10.2. If after the period of storage noted in clause 10.1, the goods are not collected (and regardless of whether the service has been paid for and regardless of any notice being provided to the Customer that the goods are being held), the Customer authorises the Carrier to dispose of those goods by way of public auction. The Carrier may apply the proceeds firstly in payment of the storage and attempted delivery (if any) fees, secondly against any auction costs and any incidental costs of the Carrier (including the costs of its employees or agents or solicitors in arranging the sale or disposal of the goods). The balance will be paid to the Treasury under the applicable legislation of the State where the goods are stored.
10.3. If, in the opinion of the Carrier, the costs associated with the sale will exceed the proceeds to be obtained, the Carrier may dispose of the goods by any means after the period of three (3) months, be that by donation to charity orotherwise.
Uncollected goods. 13.1 Aurora may at its discretion sell or otherwise dispose of Perishable Goods without notice to the Customer where the Goods are not collected immediately upon arrival, are insufficiently or incorrectly addressed or are not identifiable.
13.2 Without limitation to clause 13.1, Aurora may at its discretion sell or return Goods that cannot be delivered because they are insufficiently or incorrectly addressed, are not identifiable, are uncollected or not accepted after 21 days' notice to the Customer or where the Customer fails to pay any cost or do any action reasonably necessary for Aurora to deliver the Goods.
13.3 Where Xxxxxx xxxxx Goods under clauses 11, 13.1 or 13.2;
(a) it does so as principal, not as agent, and is not the trustee of the power of sale;
(b) the Customer must pay all costs, charges and expenses incurred by Aurora in connection with the storage, sale or return of the Goods, which may be deducted from the proceeds of the sale of the Goods;
(c) Aurora is entitled to recover any deficit from the Customer where the proceeds of sale of the Goods do not satisfy the amounts payable to Aurora.
