4. Delivery

4.1 Unless otherwise agreed in writing, delivery of the Goods shall take place on the arrival of the Goods at the Buyer’s usual place of business. Unless otherwise agreed in writing, the cost of delivery of the Goods is not included in the price for the Goods. The Supplier reserves the right to make such charge associated with the delivery of the Goods as stated in the Supplier’s catalogue published on the date of delivery or deemed delivery, or if no such price is published, as set out in the invoice for the Goods.

4.2 Any dates specified by the Supplier for delivery of the Goods are an estimate and time for delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time.

4.3 Subject to the other provisions of these conditions the Supplier shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Supplier’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract or reject further deliveries unless such delay exceeds two months.

4.4 If for any reason the Buyer fails to accept delivery of any of the Goods, or the Supplier is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: (a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Supplier’s negligence); and (b) the Goods shall be deemed to have been delivered; or (c) the Supplier may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

4.5 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading or unloading of the Goods.

4.6 The Supplier may cancel delivery if it believes it would be unsafe, unlawful, or unnecessarily difficult to deliver to the Delivery Point and delivery shall take place upon the return of the Goods to the Supplier’s place of business.

4.7 The Supplier may deliver the Goods by separate instalments. Each separate instalment shall, subject to condition 4.8, be invoiced and paid for in accordance with the provisions of the Contract.

4.8 Each installment shall be a separate Contract and no cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or installment.