Delivery shall be deemed to have been duly effected.
Where delivery takes place by road:
Where the COMPANY is the carrier, at the time when the goods forming the subject matter of the sale are delivered to the place specified by the Purchaser.
Where an outside transporter is the carrier, at the time when the goods forming the subject matter of the sale are delivered to such outside carrier, which in all cases shall be deemed to be the agent of the Purchaser notwithstanding the fact that the COMPANY may appoint such carrier and/or pay such carrier's charges.
The risk in and to the goods purchased shall pass to the Purchaser upon delivery.
The costs of transportation and any costs incidental thereto shall be borne and paid by the Purchaser.
- TIME FOR DELIVERY
Notwithstanding anything herein or elsewhere contained, any time or date for delivery specified by the COMPANY or the Purchaser in respect of any sale shall be an estimate and shall not be of the essence of this contract. If the COMPANY cannot, for any reason whatsoever, effect delivery of any goods on the date stipulated by it or by the Purchaser the sale shall not, for that reason alone, be cancelled by the Purchaser and the Purchaser shall be obliged to take delivery as and when the COMPANY can affect such delivery. Whilst the COMPANY undertakes to use its best endeavors to affect delivery on any date specified by it, no warranties of whatsoever nature or kind are given and the COMPANY shall not be responsible for any damages of whatsoever nature, loss of profit or any consequential or indirect damages which the Purchaser may suffer as a result of such late delivery.
- PARTIAL DELIVERY
In the event of the COMPANY for any reason whatsoever, not being able to affect delivery of all the goods forming the subject matter of the sale:
- the COMPANY shall deliver such goods as it is then able so to do, and the Purchaser is obliged to accept such partial delivery;
- The Purchaser shall accept delivery of the balance of the goods not delivered in 8.1, upon The COMPANY tendering delivery thereof, in case of the COMPANY being in a position to do so.
- EXCESS DELIVERY
Wherever the subject matter of the sale is manufactured and/or supplied to the special order of the Purchaser and such goods do not normally form part of the COMPANY's standard stock lines, The COMPANY shall have the right to deliver a quantity which shall be in accordance with the COMPANY's manufacturing allowances, within 5% (five percent) in excess of the quantity ordered, at the same rate upon which the value of the original quantity ordered was calculated.
- CLAIMS FOR SHORT DELIVERY
- Should the Purchaser have any claim whatsoever arising out of the short delivery of the goods forming the subject matter of the sale delivered in terms of paragraph 4 above, the Purchaser shall:
- notify the COMPANY in writing within seven (7) days of receiving delivery from the Railway authorities, where the goods have been dispatched by rail;
- Notify the carrier, in writing, on delivery of the goods, by endorsing the delivery note accordingly, where the goods are dispatched by road and where such carrier is the COMPANY or its agent.
- Unless the Purchaser gives timeous notice of short delivery in terms of 10.1 above, the Purchaser shall be deemed to have received the goods set out in the delivery note and relevant invoices.
The Purchaser shall not be entitled to return any goods for credit without the prior written consent of the COMPANY first being had and obtained.
If, in the exercise of its discretion, the COMPANY shall agree at the request of the Purchaser to accept the return of goods for credit, which goods were currently supplied by the COMPANY, and are not faulty or subject to any claim, then the COMPANY shall be entitled without the necessity of any further agreement to claim from the Purchaser a handling charge of 20% (twenty percent) of the invoice price of the goods returned.