Versand

1. DELIVERY

1.1 Delivery
Unless otherwise agreed in writing, delivery shall be made to the Delivery Address specified by the Customer.

1.2 Any delivery dates or times quoted by Trades International are estimates only and shall not be of the essence of the Contract.

1.3 Trades International shall use reasonable endeavours to meet estimated delivery dates but shall not be liable for delays caused by circumstances beyond Trades International's reasonable control.

1.4 Trades International may deliver Products in one or more instalments.

Each instalment shall constitute a separate delivery and any delay or defect affecting one instalment shall not entitle the Customer to reject any other instalment.

1.5 Delivery shall be completed when the Products are:

a. unloaded at the Delivery Address;

b. made available for collection by the Customer; or

c. delivered to a carrier nominated by the Customer,

whichever occurs first.

1.6 Trades International shall deliver the Products to the nearest kerbside at the location set out in the Order. If there are any special requirements for delivery, including but not limited to Moffett trucks, HIAB, FORS requirements, tail lift or timed deliveries, these must be specified in the Order and may incur additional costs.

1.7 Where Products are to be collected by the Customer, collection must take place within five (5) Business Days after notification that the Products are ready.

1.8 Where the Customer requests postponement of delivery after manufacture or allocation of stock, Trades International may charge reasonable storage, handling and insurance costs.

1.9 Delivery shall be deemed completed notwithstanding that minor shortages or defects remain to be remedied.

1.10 Trades International will be entitled to deliver plus or minus five per cent (±5%) of the quantity of Products ordered.

2. DELIVERY DELAYS

2.1 Trades International shall not be liable for delay arising from:

a. shortages of raw materials;

b. transport disruption;

c. carrier delays;

d. customs clearance;

e. industrial disputes;

f. adverse weather;

g. governmental action;

h. supplier delays;

i. Force Majeure Events;

j. incorrect delivery information supplied by the Customer;

k. any other event beyond Trades International's reasonable control.

2.2 Unless otherwise required by law, delay shall not entitle the Customer to:

a. cancel the Contract;

b. refuse delivery;

c. reject the Products;

d. claim compensation.

2.3 Where a delay exceeds thirty (30) consecutive days and is solely attributable to Trades International (excluding Force Majeure), the Customer may request cancellation of the undelivered balance of the Order.

2.4 Cancellation under Clause 2.3 shall be the Customer's sole remedy.

3. FAILED OR ABORTED DELIVERIES

3.1 If delivery cannot be completed because:

a. the Customer is unavailable;

b. access is unavailable;

c. unloading facilities are inadequate;

d. the Delivery Address is incorrect;

e. the Customer refuses delivery without lawful reason;

f. any other circumstance attributable to the Customer prevents delivery,

delivery shall be deemed attempted.

3.2 Trades International may:

a. store the Products;

b. rearrange delivery;

c. return the Products to Trades International's warehouse;

d. cancel the Contract where appropriate.

3.3 The Customer shall indemnify Trades International against all reasonable costs arising from a failed or aborted delivery including transport, redelivery, storage, insurance, handling, administration and carrier charges.

3.4 If the Customer fails to accept delivery within fourteen (14) days after notification that Products are ready for delivery, Trades International may treat the Contract as repudiated and recover all losses arising.

4. INSPECTION OF GOODS

4.1 The Customer shall inspect the Products immediately upon delivery.

4.2 Visible shortages or damage should, wherever reasonably possible, be recorded upon the carrier's delivery documentation before acceptance.

4.3 Business Customers must notify Trades International, within two (2) Business Days following delivery, in writing of:

a. shortages;

b. incorrect Products;

c. visible damage.

4.4 Latent defects which could not reasonably have been discovered upon delivery should be notified immediately after discovery.

4.5 Failure by a Business Customer to comply with this Clause may prejudice any claim relating to shortages or transit damage.

4.6 Nothing within this Clause limits any statutory rights available to Consumers.

5. RISK

5.1 Risk in the Products passes to the Customer upon delivery in accordance with Clause 1.

5.2 Where Products are collected by the Customer or the Customer's carrier, risk passes immediately upon collection.

5.3 Following transfer of risk, the Customer is responsible for storage, insurance, handling, transportation, security and protection from deterioration.