Delivery Information
- QUEST shall use its reasonable endeavours to ensure that each delivery of the goods is accompanied by a delivery note which shows the date of the order, all relevant customer reference numbers, the quantity of the goods and special storage instructions (if any).
- QUEST shall deliver the goods to the location set out in the order or such other location as the parties may agree (“delivery location”) at any time after QUEST notifies the customer that the goods are ready. Delivery of the goods will be made during the customer’s usual business hours, if possible.
- Delivery of the goods shall be completed on the goods’ arrival at the delivery location unless the goods are collected from QUEST in which case delivery of the goods shall be completed on collection from QUEST. The customer will provide, at its expense, at the delivery location, adequate and appropriate equipment and manual labour for off-loading the goods.
- Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. QUEST shall not be liable for any delay in delivery of the goods or failure to deliver the goods if caused by a Force Majeure Event or the customer’s failure to provide QUEST with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
- If QUEST fails to deliver the goods, its liability shall be limited to the costs and expenses incurred by the customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the goods. QUEST shall have no liability to the customer for direct, indirect or consequential loss howsoever caused (including the negligence) by any delay in delivery except as set out above.
- If the customer fails to take delivery of the goods within 3 (three) business days of QUEST notifying the customer that the goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or QUEST’s failure to comply with its obligations under the contract:
- delivery of the goods shall be deemed to have been completed at 9.00 a.m. on the third business day after the day on which QUEST notified the customer that the goods were ready; and
- QUEST shall store the goods until actual delivery takes place, and charge the customer for all related costs and expenses (including insurance).
- If 10 (ten) business days after the day on which QUEST notified the customer that the goods were ready for delivery the customer has not taken delivery of them, QUEST may:
- store or arrange for storage of the goods until actual delivery or sale in accordance with clause 4.6.2 and charge the customer for all related costs and expenses (including without limitation, storage and insurance); and/or
- following written notice to the customer, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, account to the customer for any excess over the price of the goods or charge the customer for any shortfall below the price of the goods.
- QUEST may deliver the goods by instalments, which shall be invoiced and paid for separately in accordance with these conditions. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the customer to cancel any other instalment.