1. Delivery Arrangements
1.1 Normal delivery is 2-5 days from stock via Parcel Force, Clarkes Transport or another. If any time is stated for delivery of the goods, it is an estimate and not a contractual commitment. The Company will, subject to the provisions of Clause 10, make delivery within a reasonable time, but shall not be liable for any breach of this obligation unless the Customer serves notice in writing upon it that delivery is due and the Company fails to make delivery within a reasonable time thereafter.
1.2 The Company will without prejudice to any rights it may otherwise have in respect of undispatched goods have the right to dispatch any portion of the goods ordered and shall be entitled to invoice the Customer separately for each dispatched portion.
1.3 The Company may deliver against any order for or instalment of a non-stock item an excess or deficiency of up to 10 per cent of the quantity of any such item ordered provided that where there is any excess or deficiency the amount charged for the goods shall be adjusted proportionately.
1.4 If delivery of the goods is to be made by instalments each instalment shall be deemed to be a separate sale and the default of the Company in respect of any one or more instalments shall not entitle the Customer to repudiate the contract with regard to all or any other instalments.
1.5 The Company may deliver the goods to any person appearing to the Company to have the authority of the Customer to take possession of them and the giving of a receipt by such person shall be deemed to be acknowledgement by the Customer of due delivery and a receipt by such person and the retention of the goods on obtaining possession without immediate return shall further confirm the acceptance by the Customer of these Conditions of Sale notwithstanding any statement or indication to the contrary.
1.6 The Company may suspend or cancel the giving of possession of any goods or instalment of goods where no receipt is given to the Company by the Customer immediately before delivery or, if later, collection of the goods.
2. Non-delivery, Non-conformity and Damage
2.1 Where the Customer believes goods delivered to be damaged or not in conformity with an order the Customer will retain those goods and will give notice to the Company of such non-conformity or damage giving full details of the goods concerned including the Company's delivery note number within 3 days of arrival of the goods at the specified delivery address.
2.2 Notice of non-delivery of goods must be submitted in writing to the Company giving full details of the goods concerned within 3 days of any anticipated date of delivery.
2.3 In the absence of notification of non-conformity or of damage within the time mentioned above, the goods shall be deemed to have been delivered in accordance with the order and accepted by the Customer, and the Customer shall be deemed to have waived all its rights against the Company in relation to any such non-conformity or damage.
2.4 Where notification of non-conformity or damage is given within the permitted time the Customer will admit the Company to its premises or other place of storage to inspect such goods and will permit the Company if the Company so wishes to advise the Customer and to rectify and or substitute the goods and the Company may require the Customer to return the goods to the Company's premises.