Time of delivery and performance
If no date for delivery or performance is stated by CSD delivery or performance shall be made within a reasonable time. Any time or date for delivery of the Goods or performance of the Services given by CSD to the Purchaser is an estimate only. CSD shall not be liable for any loss or damage howsoever arising by reason of any failure on the part of CSD to effect delivery to or performance for the Purchaser at the time or date stated and accordingly time for delivery or performance shall not be of the essence of the Contract unless CSD expressly agrees in writing. Any delivery period begins on the date of CSD’s acceptance of the Purchaser’s order as required by condition 4 hereof or if later when CSD receives from the Purchaser any further information or goods which it may require to proceed with the Contract. The Purchaser agrees to supply such information or goods promptly.
Passing of risk
Not withstanding the terms of condition 10 below, risk of loss or damage to or by the Goods shall pass to the Purchaser upon the Goods leaving the premises of CSD unless delivery is made by a motor vehicle owned by CSD in which case such risk shall pass to the Purchaser upon the Goods entering the premises of the Purchaser.
Place of delivery
In the event that the Contract requires CSD to cause the Goods to be delivered CSD shall effect delivery of the Goods to the Purchasers normal place of business within the United Kingdom unless otherwise agreed between the parties.
The Purchaser shall in all cases provide the labour necessary to unload the Goods free of charge to CSD and shall ensure that the delivery vehicle is unloaded immediately and shall indemnity CSD against any loss or damage arising during unloading.
Checking goods on delivery
The Purchaser shall check the Goods delivered on delivery and shall then sign the delivery note. The delivery note shall be conclusive evidence of full and proper delivery of the Goods and no claim will be accepted by CSD for short delivery after the Purchaser has signed the delivery note.
Short or excess delivery
CSD shall be deemed to have fulfilled its obligations under the Contract by delivery of a quantity of Goods which are within a margin of 5%, more or less than the quantity specified in the Contract. The Purchaser shall pay for the actual quantity of Goods delivered at the rates specified in the Contract.
Delivery by instalments
CSD shall be entitled to deliver the Goods in instalments unless otherwise agreed in writing between the parties and the Purchaser shall be obliged to accept such deliveries. If the Goods are delivered in instalments by CSD each delivery shall be deemed to be the subject of a separate contract to which these conditions shall apply but so that this condition shall in no way affect the right of CSD to suspend or terminate the whole Contract.
Any complaint about or delay in the delivery of any instalment shall not entitle the Purchaser to reject any subsequent delivery.
If the Goods are being delivered in instalments by CSD then it shall have the right to make good any shortfalls in the amount of Goods delivered in earlier instalments in later instalments.
If the Goods are being delivered in instalments, CSD shall have the right to withhold later deliveries until earlier deliveries have been paid for in full by the Purchaser.
PURCHASER CAUSING DELAY IN DELIVERY OR COLLECTION OF GOODS
If for any reason the Purchaser causes any delay in the delivery or collection of the Goods or any part thereof beyond the lime that they would otherwise have been available for delivery or collection CSD may terminate the Contract by serving writ ten notice to that effect on the Purchaser. Such termination shall be without prejudice to any claim that CSD may have in respect of an antecedent breach by the Purchaser of any of his obligations under the said Contract or in respect of any Goods delivered to the Purchaser for which payment in full has not been received.