1. Delivery of the goods shall be made by the customer collecting the goods at Extract Vac’s premises at the agreed time or at any time after Extract Vac has notified the customer that the goods are ready for collection or, if some other place for delivery is agreed by Extract Vac, by Extract Vac delivering the goods to that place.
2. Any dates quoted by Extract Vac for delivery of the goods are approximate only and Extract Vac shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be of the essence of the contract unless previously agreed by Extract Vac in writing. The goods may be delivered by Extract Vac in advance of the quoted delivery date upon giving reasonable notice to the customer.
3. Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Extract Vac to deliver any one or more of the instalments in accordance with these conditions of any one or more instalments shall not entitle the customer to treat the contract as a whole as repudiated.
4. If Extract Vac fails to deliver the goods (or any instalment) for any reason other than any cause beyond Extract Vac’s reasonable control or the customers fault, and Extract Vac is accordingly liable to the customer, Extract Vac’s liability shall be limited to the excess (if any) of the cost to the customer (in the cheapest available market) of similar goods to replace this not delivered over the price of the goods.
5. If the customer fails to take delivery of the goods or fails to give Extract Vac adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the customers reasonable control or by reason of Extract Vac’s fault) then, without prejudice to any other right or remedy available to Extract Vac,
Extract Vac may:
5.1 Store the goods until actual delivery and charge the customer for the reasonable costs (including insurance) of storage; or
5.2 Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the customer for the excess over the price under the contract or charge the customer for any shortfall below the price under the contract.