6. DELIVERY OF GOODS

6.1 The Company shall ensure that:

6.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and

6.1.2 if the Company requires the Customer to return any packaging material to the Company, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Company shall reasonably request. Returns of packaging materials shall be at the Company’s expense.

6.2 The Company shall deliver the Goods to the location set out in the Order Confirmation or such other location as the parties may agree at any time after the Company notifies the Customer that the Goods are ready.

6.3 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.

6.4 The Customer shall be bound to make arrangements for the delivery of the Goods whenever they are tendered for delivery.

6.5 The Customer shall ensure that delivery is to an area that is safe, suitable and accessible by the Company or its carriers.

6.6 Delivery of the Goods is estimated on the delivery date at the time of the acceptance of the quotation.

6.7 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Company shall have no liability for any delay or failure to deliver the Goods to the extent that such delay or failure is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

6.8 In accordance with clause 6.7 above, if the Company becomes aware that the delivery of the Goods will be materially delayed, the Company will notify the Customer as soon as reasonably practicable and if necessary arrange an alternative Delivery Date.

6.9 If the Customer fails to accept or take delivery of the Goods within 20 Business Days of the Company notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Company’s failure to comply with any material obligations under the Contract in respect of the Goods:

6.9.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the 21st Business Day following the day on which the Company notified the Customer that the Goods were ready; and

6.9.2 the Company shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

6.10 If 21 Business Days after the Company notified the Customer that the Goods were ready for delivery the Customer has not accepted or taken delivery of them, the Company may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

6.11 The Company may deliver the Goods by instalments which will appear on a single invoice. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.