(a) Delivery of the goods at the premises of the Purchaser or his specified agent, shall for the purpose of these Contract Terms, constitute valid ‘delivery’ to the Purchaser, except where the premises of the Purchaser or his specified agent are not on the mainland of England, Scotland or Wales, when the delivery to the shipping agent shall constitute valid ‘delivery’.
(b) The Vendor shall endeavour to despatch goods as soon as practicable after receipt of the Purchaser’s order. However, the Vendor shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver goods by any particular date, or within a particular period, or as a result of any cause beyond its control. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
(c) The Vendor shall be entitled where appropriate to deliver any order by one or more consignments and each consignment shall be treated as a separate contract. Any delay in delivery or material defect in any such consignment shall not entitle the Purchaser to cancel any other consignment.
COMPLAINTS/DAMAGE/SHORTAGE OR LOSS IN TRANSIT
(a) No claim for material damage or material shortages will be considered by the Vendor unless the Vendor receives written notice (including pictures) from the Purchaser within 3 days of delivery.
(b) Any allegedly damaged goods shall be held by the Purchaser without costs awaiting Vendor’s instructions and the Purchaser shall allow the Vendor’s representatives to examine the same.
(c) Any product considered to be out of condition shall be notified by the Purchaser immediately in accordance with Laid Down Procedure as the Vendor may from time to time specify.
(d) If Goods are not received within seven working days after invoice, the Purchaser shall notify non receipt in writing to the Vendor immediately, otherwise claims will not be entertained.
(e) In case of alleged material damage or material shortages, no deduction, set-off or withholding of any nature may be made by the Purchaser against the Vendor’s invoice except on specific written authority from the Vendor.
(f) The Vendor shall not be liable under any circumstances for making good the damage, shortage or defects in the Goods in the event that (i) the Purchaser uses the Goods after giving written notice; (ii) the damage or defect arises due to the Purchaser failing to follow the Vendor’s oral or written instructions as to storage use and maintenance of the Goods; (iii) the Purchaser alters or repairs such Goods without the consent of the Supplier; or (iv) the damage or defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.