1. Delivery – Claims for Damage or Shortages
1.1 Any claim for damage apparent on inspection or shortage of delivery shall be absolutely barred unless receipt of the Goods has been signed for on delivery as ‘damaged’ or ‘shortage on item…’ All claims must be received by Ibex Supplies Ltd in writing within seven days of delivery in the case of deliveries to customers within the UK or 21 days of delivery in the case of deliveries to customers outside the UK (‘Export Customers’).
2. Delivery – General
2.1 Whilst every effort is made to adhere to the delivery times stated by Ibex Supplies Ltd, such times are not guaranteed and Ibex Supplies Ltd accepts no liability for any loss or damage arising from any delay in delivery.
2.2 Save for contracts for supply of goods to Export Customers (see below), delivery shall be effected by Ibex Supplies Ltd making the Goods in question available at its premises for collection.
2.3 Unless otherwise specifically agreed in writing, where Ibex Supplies Ltd is responsible for delivering the Goods to a delivery address nominated by the Buyer then it does so as the Buyer’s agent (and at the Buyer’s risk) and may effect delivery of the Goods by whatever means it thinks most appropriate.
2.4 Where the buyer wrongfully fails or refuses to accept delivery of the Goods, Ibex Supplies Ltd may, at its option, charge the Buyer reasonable storage charges until the Goods are delivered, or sell the Goods, account to the Buyer and terminate the Contract.
2.5 A delay in making delivery shall not entitle the Buyer to treat the Contract as a whole as repudiated.
2.6 Ibex Supplies Ltd whilst endeavouring to effect prompt delivery, accepts no liability whatsoever for the consequences of any failure in delivery due to circumstances beyond its reasonable control.
The following conditions shall apply to contracts for the supply of goods to Export Customers:
3.1 Unless otherwise agreed in writing Ibex Supplies Ltd shall deliver the Goods to a carrier nominated by Ibex Supplies Ltd and the risk in the Goods shall pass on delivery to the Buyer. Where the Buyer specifies the carrier, risk in the Goods shall pass to the Buyer on collection by the carrier.
3.2 All insurance required to be effected by Ibex Supplies Ltd in respect of transportation of the Goods to the Export Customer shall be paid by the Buyer prior to shipment unless agreed by Ibex Supplies Ltd in writing.
3.3 Payment shall be made in the currency specified on the relevant quotation or acknowledgement of order. The price quoted to the Buyer shall exclude any foreign bank charges which shall be paid in addition by the Buyer.
3.4 The Buyer shall be responsible for complying with any legislation or regulations governing the export of Goods from the UK, the shipment of Goods, their import into the country of destination and for the payment of any duties on them.