1.1 In consideration of the payment of the price by the customer to the company, the company shall deliver the goods to the customer on a date to be notified, and, wherever possible, agreed with the customer.
1.2 The company shall endeavour to make delivery of the goods within 28 days of the date of the contract. However, the company shall not be liable for any penalty, loss, injury, damage, or expense arising from any delay or failure in delivery or performance of the contract from any cause at all, nor shall any such delay or failure entitle the customer to refuse to accept any delivery under the contract, performance of the contract, or to repudiate the contract. Delivery of goods within 28 days for some products. However delivery will vary between items.
1.3 All dates quoted or provided by the company for the delivery are approximate only and although the company shall use its best endeavours to supply the goods within the time scale of 28 days, or any other timescale notified by the company to the customer, time shall never and not be of the essence at any point. The company shall not incur any liability whatsoever for failure to supply or deliver goods by any given or such date or dates.
1.4 Delivery of the goods shall be affected by the company arranging transportation of the goods to the customer’s premises. Subject to clause the costs of the transportation and carriage shall be met in full by the company.
1.5 The company may at the company’s sole discretion subcontract the performance of the delivery in whole or in part. The choice of carrier in order to effect delivery shall at all times be the company’s and the customer shall raise no requisition in relation to the same.
1.6 Delivery of the goods may take place separately and on a piecemeal basis.
1.7 The customer warrants in entering into the contract to ensure that adequate access is available to the premises to enable the company to deliver the goods and in the event it is not, the company shall be at liberty to deliver the goods to the closest point of accessibility which shall be determined by the company, employees, servants or agents at their sole discretion and the customer shall raise no objection or requisition thereto.
1.8 The customer shall carefully examine the goods upon delivery and shall notify the company of any shortages or defects reasonably discoverable upon careful examination and sign the delivery notes with the relevant damages . Such notification shall be made in writing and must be received by the company within 48 hours, commencing with the date of delivery. In the absence of such notification, the company excludes all liability in respect of any defects or shortages. Any goods which the customer believes are damaged or defective must be retained together with the packaging for inspection by or on behalf of the company.
1.9 If the company shall be satisfied that the goods are satisfactory and are as detailed in the contract, and are not damaged or defective then the contract shall be deemed to have been fulfilled insofar as the company’s obligations under the contract are concerned.