MOAP Delivery and Returns
Delivery will be effected when the goods leave our premises whether carried by us or an independent carrier, or the premises of our suppliers when the goods are delivered direct from suppliers.
Delivery dates are given in good faith, but are estimates only.
Time for delivery shall not be of the essence of the Contract.
For the avoidance of doubt, and without detracting from any other provisions of these Terms, we shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt of any liability to any third party) resulting from any delay in delivery of the goods, or failure to deliver the goods in a reasonable time –whether such delay or failure is caused by our negligence or otherwise howsoever.
You must provide the necessary labour for unloading the goods –and unloading is to be completed with reasonable speed. If our delivery vehicle is kept waiting for an unreasonable time, or is obliged to return without completing delivery, or if we provide additional staff to unload goods, an additional charge will be made.
The price agreed includes our normal delivery charges but we may make an additional charge if we incur further costs or expenses such as (but not limited to): i) those caused by delivery of less than a full load, ii) complying with your request for delivery outside our normal delivery pattern or trading by instalments.
We reserve the right to make delivery by instalments and tender to a separate invoice in respect of each instalment. Our failure to deliver any one or more instalments, or any claim by you in respect of any one or more instalments, shall not entitle you to treat the Contract as a whole as repudiated.
If you fail to take delivery, accept or collect the goods within the agreed time, in our discretion, we may make an additional charge, invoice you for the goods, or treat the Contract as repudiated and, in any case, recover our losses from you.
If the goods are to be deposited other than on your private premises, you shall be responsible for compliance with all regulations, and for all steps which need to be taken for the protection at all times of persons or property.
If you collect goods from us, you are solely responsible for the size, weight and positioning of the load on the vehicle and shall indemnity us in respect of all costs, claims, losses or expenses we may incur as a result of your collecting the goods.
You will indemnify us in respect of all costs, claims, losses or expenses we may incur as a result of delivery in accordance with your instructions. This indemnity will be reduced in proportion to the extent that such costs, losses, claims or expenses are due to our negligence.
It is your responsibility to ensure we are notified in writing of any access issues or if there are no offload facilities.
Unless offload has been agreed, it is not our responsibility to assist with offload, apart from the positioning of the vehicle in a safe accessible place and the removal of strapping.
It is your responsibility to ensure any lifting equipment is in good working order and is suitable for the lift load. All operators need to have valid training certificates for the machines they use.
If for any reason we feel that the offload of goods could be a Health & Safety issue, we reserve the right not to permit offload. All related costs will be incurred by the customer if this was not agreed in writing prior to delivery.
Prices listed or quoted are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of the goods as at the time of delivery by such amount as may be necessary to cover any increase sustained by us after the date of acceptance of your order and any direct or indirect costs of making, obtaining, handling, or supplying the goods.
Prices quoted are applicable to the quantity specified and on the information provided by you at the time of order. In the event of orders being placed for lesser quantities, or if there is any change in specifications, delivery dates, or delay is caused by your instructions or lack of instructions, we shall be entitled to adjust the price of the goods as order to take accounts of the variations.
The price of the goods shall be that prevailing at the date of delivery of the goods. The price is exclusive of VAT which shall be due at the rate ruling on the date of a VAT invoice.
We shall have the option of supplying any goods ordered by you in imperial measurements in the nearest equivalent metric measurements and the goods may be charged in metric measure allowing for conversions.