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1.1 The Goods shall be delivered to your Premises, or to such other place of delivery as is agreed by us in writing prior to delivery of the Goods. If for any reason you do not accept delivery of the Goods when they are delivered, or we are unable to deliver the Goods on time because you have not provided appropriate instructions:
1.1.1 risk in the Goods will pass to you;
1.1.2 the Goods will be deemed to have been delivered;
1.1.3 we may store the Goods until delivery whereupon you will be liable for all related costs and expenses (including without limitation storage and insurance).
1.2 We reserve the right to charge you postage and packaging and delivery expenses where deemed appropriate in accordance with the price list contained on line or in our price list from time to time.
1.3 We may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Conditions.
1.4 Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment.
2.1 We shall not be liable for any non-delivery of the Goods unless written notice is given to us within 21 days of the date when the Goods would in the ordinary course of events have been received.
2.2 Any liability of ours for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note for the value of the price paid for such Goods.
2.3 Any dates specified by us for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence. If no dates are specified then delivery will be made within a reasonable time.
2.4 Subject to the Conditions, we will not be liable for any direct, indirect or consequential loss (including without limitation loss of profits, loss of business and depletion of goodwill), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods howsoever caused.
3.1 The risk in the Goods shall pass to you upon delivery of the Goods to your Premises.
4.1 Until you have paid us in full for the Goods:
4.1.1 the ownership of the Goods shall remain vested in us and you may be entitled to possession only of the Goods (in a fiduciary capacity as a bailee) on our behalf;
4.1.2 you shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
4.1.3 you shall keep the Goods in satisfactory conditions and insured against all usual risks in their full replacement value;
4.2 On termination of this contract, howsoever caused, our (but not your) rights contained in this clause 4 shall remain in effect.