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DELIVERY
(As per our terms and conditions)
4.1 Delivery will be made by the Customer collecting the Equipment at Saratota’s warehouse at any time after Saratota has notified the Customer that it is available for collection or, if some other place is agreed between the parties for delivery, by Saratota delivering the Equipment to that place.
4.2 Risk of damage to or loss of the Equipment shall pass to the Customer either when Saratota tells the Customer the Equipment is available for collection or, in the case of Equipment to be delivered otherwise, at the time of delivery or if the Customer wrongfully fails to take delivery of the Equipment the time when Saratota has tendered delivery of the Equipment.
4.3 The Customer shall inspect the Equipment upon delivery and if it does not correspond in nature to the goods ordered, the Customer shall notify Saratota in accordance with the provisions of Clause 3.2.
4.4 If the Customer fails to take delivery of the Equipment or fails to give Saratota adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to Saratota, Saratota may either, in its absolute discretion:
4.4.1 store the Equipment until actual delivery and charge the Customer for the reasonable cost (including insurance) of storage; or
4.4.2 sell the Equipment at the best price readily obtainable and taking into account all reasonable storage and selling expenses charge the Customer for any shortfall below the price under the Contract.
4.5 Where the Equipment or Services are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by Saratota to deliver any one or more instalments in accordance with the Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
4.6 If Saratota fails to deliver the Equipment or Services for any reason other than a Force Majeure reason or the Customer’s fault and Saratota is found liable to the Customer, Saratota’s liability shall be limited to 100% of the price of the Equipment or Services not so delivered.
4.7 Any dates quoted for delivery of the Equipment or Services are approximate only and Saratota shall not be liable for any delay in delivery of the Equipment or Services, howsoever caused. Time for delivery shall not be of the essence. The Equipment or Services may be delivered by Saratota in advance of the quoted delivery date upon giving reasonable notice to the Customer.