The time stated for delivery will date from receipt by us of a written order to proceed together (if appropriate) with all necessary information, drawings and free issue items required from you.
We shall not be liable in any manner whatsoever for any delay in delivery or commissioning of the equipment. Any date specified shall be an estimate only and time shall not be of the essence in connection with the performance by us of our obligations under the contract.
If any such delay occurs then (unless the cause thereof shall frustrate or render impossible or illegal the performance of the counter or shall otherwise discharge the same) the period for performing our obligations shall be extended to such period (not being limited to the length of delay) as we may reasonably require completing the performance of our obligations.
If the contract provides for quantities of equipment to be delivered to be specified by you by schedule from time then any schedule relating to the contract and delivered by you shall be subject to acceptance by us and shall not form part of the contract unless and until so accepted.
We despatch Equipment to you at your sole expense and:
(a) Unless you specify otherwise Equipment will be boxed or crated, as we deem proper for protection against normal handling. An extra charge will be made for preservation, waterproofing and similar added protection of the equipment;
(b) All UK shipments are ex-works, delivery of equipment to the initial carrier constitutes delivery to you. If requested by you we shall (as your agent) arrange carriage provided that the routing and manner of carriage will be at our discretion and the value of insurance obtained on your behalf shall be our invoice price;
(c) No claim for shortage or non-delivery will be considered unless we and the carrier are advised within the time limits necessary for a valid claim to be made against the carrier,
(d) We will not be liable for the Equipment or placing in position on site except by prior arrangement.
Risk in the equipment or any part thereof shall pass to you upon delivery of all or any part thereof and you shall insure the equipment to the full purchase price against all loss or damage arising from any cause whatsoever from the time of delivery and note our interest as owners to the insurers.
If you fail to take delivery of the Equipment or give disposal instructions when it is due and ready for delivery then there shall be deemed delivery to you at our works and risk shall pass to you. We will have the equipment stored on your behalf at your sole expense and risk.
Equipment supplied on “sale or return” and not returned to our works within the agreed period shall be paid for in full.
Registered in England & Wales Company No 08758214. VAT No GB 179 499 336 © Ram Power