(i) Goods will be delivered by the Company if specifically requested at time of order or may be collected by the Customer;
(ii) Where Goods are to be delivered, the Customer must ensure adequate access to the specified destination. The Company will take all reasonable care in the delivery and unloading of Goods, but will not be responsible for damage to roadways, pipes, sewers, manholes or bridges caused by the combined weight of the delivery vehicle and its load;
(iii) The delivery vehicle driver will have the final decision on the unloading point having regard to Health and Safety regulations;
(iv) If requested, certain Goods may be delivered on pallets. Pallets will be chargeable and cannot be refunded;
(v) Any time or date stated for delivery is given and intended as an estimate only and shall not be of the essence;
(vi) Signature (including by electronic means) of any delivery notes by any agent, employee, nominee or representative of the Customer or by an independent carrier shall be conclusive proof of delivery or collection. If the Company fails to deliver the Goods, its entire liability shall be limited to the excess (if any) over the price of the Goods, of the cost to the Customer of purchasing similar Goods to replace those not delivered.
The Company reserves the right to make deliveries by installments and tender an invoice in respect of each installment.
If the Customer fails to take or make arrangement to accept delivery of the Goods or if delivery is delayed by the Customer or the Company is unable to deliver because of inadequate access or instructions or failure of the Customer to obtain necessary consents or licences, delivery shall be deemed and the Company may:
(a) make additional charges for failed delivery
(b) allocate new delivery dates
(c) store the Goods at the Customer’s risk and cost
(d) invoice the Customer for the Goods
(e) terminate the Contract without liability on the Company’s part
(f) recover from the Customer all costs and losses incurred by the Company;
(vii) The Customer shall inspect the Goods at the place and time of delivery. If the Company delivers Goods to the Customer, no claim for shortages or loss or damage to Goods in transit or failure of Goods to conform to the Contract apparent on reasonable inspection will be considered unless the Customer notifies the Company within 5 days of delivery. If the Customer has not given notice, the Goods will be deemed to have been delivered in the quantities shown on the delivery documents and will be deemed to have been accepted by the Customer and the Customer shall not be entitled to reject the Goods.