Delivery of the GOODS shall be made, and risk of damage to or loss of the GOODS shall pass to the CUSTOMER when the SUPPLIER delivers the GOODS roadside to that CUSTOMER or to a place designated by the CUSTOMER.
Claims against the SUPPLIER for short or incorrect delivery shall be notified to the SUPPLIER in writing within 7 days of receipt of the GOODS. The SUPPLIER shall make GOOD shortage or errors in delivery within a reasonable time thereafter and the SUPPLIER shall not thereafter be liable for any loss whatsoever arising out of such shortages or errors in delivery. The CUSTOMER shall not be entitled to reject the GOODS if no notice of short or incorrect delivery is given to the SUPPLIER as set out above.
All delivery dates are week commencing and are estimate only. Unless otherwise stated in the SPECIFICATION, provision must be made by either the CUSTOMER or the CUSTOMER’s builder for the SUPPLIER’s waste by form of skip. In the event the CUSTOMER fails to take delivery of the GOODS (or any instalment of the GOODS) or fails to give the SUPPLIER adequate delivery instructions at the time of delivery (other than by reason of any cause beyond the CUSTOMER’s reasonable control or by reason of the SUPPLIER’s fault) then without limiting any other right or remedy available by the SUPPLIER, may store the GOODS and any relevant storage charges incurred for the same shall be charged to the CUSTOMER and be immediately due and payable, or sell the GOODS at the best price obtainable and charge the CUSTOMER any shortfall below the price of the goods under the CONTRACT.
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