Delivery shall be made by the Seller delivering the Goods to a place agreed by the Seller.
The Seller will endeavour to adhere to delivery dates requested by the Buyer although delivery dates mentioned are approximate only and not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date or dates. The Seller cannot guarantee delivery within 24 hours of receipt of the Buyer's order.
The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery although (owing to stock shortages from time to time) the quantity may be less than the quantity specified in the contract and in such event the Buyer shall pay for the actual quantity delivered.
If the Buyer refuses or fails to take delivery of Goods tendered in accordance with the contract or fails to take any action necessary on its part for delivery of the Goods the Seller shall be entitled at its option to store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and transport; or to terminate the contract with immediate effect, to dispose of the Goods as the Seller may determine and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure.
Unless otherwise expressly agreed the Seller may affect delivery of the Goods in one or more instalments. Where delivery is effected by instalment each instalment shall be treated as a separate Contract and failure by the Seller to deliver any one or more instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.
Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.