DELIVERY AND RISK
a. Any time or date stated for delivery is an estimate only. The Company makes every effort to despatch goods on time but does not accept liability for failure to deliver within the stated time.
b. Delivery of the goods shall be made to the Customer at the address specified to the Company and the risk in respect of all goods shall pass to the Customer at the time of delivery (save as provided in (c) below). Notwithstanding such delivery, the property in and title to the goods shall not pass to the Customer except as provided in Condition 7.
c. In the case of sales within the U.K., unless otherwise agreed in writing, the Company shall on behalf of the Customer arrange for the carriage of the goods and the carrier selected by the Company shall be deemed to be the agent of the Customer. Special notice is directed to the fact that in accordance with the provisions of Section 32 of the Sale of Goods Act 1979 delivery to the carrier will, in such circumstances constitute delivery to the Customer. The Company shall for the purposes of Section 32(2) of the Sale of Goods Act 1979 be deemed to have the Customer’s authority to make such contract with the carrier which the Company considers reasonable.
d. Without prejudice to the generality of (c) above and (e) below and without any admission of liability or responsibility for carriage of the goods below: i. the Company in its absolute discretion may consider a claim for damage or pilferage in transit if both the Company and the carrier are both notified in writing on the date of receipt of the goods but in no circumstances will the Company consider a claim where an unqualified receipt for the goods has been given; ii. if the goods are not received by the Customer within 14 days of the date of the invoice, the Customer must immediately notify the Company in writing of such non-receipt. If the Customer does not so notify the Company in such circumstances the Customer shall pay the whole of the invoice price to the Company, whether or not the goods are ever received by the Customer.
e. Arrangements in respect of delivery and risk in the case of sale outside the U.K. shall be as agreed between the Company and the Customer on the relevant occasion but shall unless otherwise agreed in writing be deemed to be ex works of the Company as defined in the relevant edition of Incoterms.
f. If the Customer cannot accept delivery, the Company may at its option (i) store and insure the goods at the Customer’s expense and risk or (ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.
g. The Company uses a courier to deliver goods to the Customer and if the courier does not deliver successfully to the Customer on two occasions because the courier reports that the Customer was not present at the premises to sign for the delivery the Company reserves the right to automatically charge the Customer the cost of re-delivery that is liable to the Company from the courier. The notification of door colour or other description of the Customer's delivery address premises by the courier company is deemed to be proof that the courier has attempted to deliver to the Customer and the Company reserves the right to consider this a failed delivery attempt. The Company also reserves the right to charge the Customer the charge from the courier company for any re-directions to an alternative delivery address.