(a) The Company’s estimates of times for delivery or the written acknowledgment or delivery of the Goods (as appropriate) must be regarded as approximate only, and whilst every effort will be made to avoid delay and to deliver the Goods within a reasonable time of the date of the Dispatch Confirmation or the written acknowledgment, as appropriate, the Company will accept no liability for any direct or indirect loss arising from any such delays. Time of delivery shall not be of the essence.
(b) Where the Goods are handed to a carrier for carriage to the Buyer or to a United Kingdom port for export, any such carrier shall be deemed to be the agent of the Company and not of the Buyer for all purposes.
(c) Where the Goods are sold F.O.B. the responsibility of the Company shall cease immediately the Goods are placed on board ship and the Company shall be under no obligation to give the Buyer the notice specified in Section 32 (3) of the Sale of Goods Act 1979.
(d) If the Buyer orders Goods from the Company’s Site or otherwise for delivery outside the UK, such Goods may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer will be responsible for payment of any such import duties and taxes. Please note that the Company has no control over these charges and cannot predict their amount. The Buyer is advised to contact its local customs office for further information before placing its order.
(e) The Buyer should also note that it must comply with all applicable laws and regulations of the country for which the Goods are destined. The Company will not be liable for any breach by the Buyer of any such laws.
(f) No liability for non-delivery, partial loss or damage to the Goods occurring prior to delivery or where the Goods are not in accordance with the contract will attach to the Company unless claims to that effect are notified in writing by the Buyer to the Company (with a copy to the Carrier if the Company’s own vehicles have not been used to deliver the Goods):
(i) within seven days of delivery for partial loss, damage including defects that are apparent on normal visual inspection or non-compliance with the contract; or
(ii) within fourteen days of the date of the invoice for non-delivery; or
(iii) in the case of a latent defect, within 28 days of the latent defect having become apparent or ought reasonably to have been discoverable.
(g) In the event of a valid claim for non-delivery, a partial loss, damage or non-compliance with the contract the Company undertakes as its option either to reprocess or replace the Goods at its expense but the Company shall not be under any further or other liability to any party in connection with such non-delivery, partial loss, damage or non-compliance.
(h) If the Buyer shall fail to give notice in accordance with Condition 5(f) above the Goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same accordingly.
(i) Without prejudice to any other rights it may have the Company may withhold delivery of the Goods or any instalment thereof if it has reasonable grounds for doubting the Buyer’s ability to pay the price thereof.