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Delivery of Goods
- Hydor shall ensure that:
- each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, the contract number, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
- if Hydor requires the Buyer to return any packaging materials to Hydor, that fact is clearly stated on the delivery note. The Buyer shall make any such packaging materials available for collection at such times as Hydor shall reasonably request. Returns of packaging materials shall be at Hydor expense.
- Delivery of international Orders shall be in accordance with the Incoterm specified by Hydor when Hydor accepts the Order in accordance with condition 2.3 or if no Incoterm is specified will be in accordance with FCA, Incoterms 2010 at Hydor Downton facilities as appropriate.
- For UK Orders, the Buyer shall collect the Goods from Hydor premises at Hydor Downton facilities as appropriate or such other location as may be advised by Hydor prior to delivery or, if agreed by Hydor, Hydor will deliver the Goods to some other place as agreed between the parties (“Delivery Location”). Collection or acceptance of delivery of the Goods by the Buyer must be made within three Business Days of Hydor notifying the Buyer that the Goods are ready.
- Unless otherwise agreed, delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
- Unless otherwise agreed with Hydor, Hydor carriers shall not be responsible for loading or off-loading of Goods at the Delivery Location.
- Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Hydor shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Buyer’s failure to provide Hydor with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- If Hydor fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Hydor shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Buyer’s failure to provide Hydor with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- If the Buyer fails to take or accept delivery of the Goods within three Business Days of Hydor notifying the Buyer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or Hydor failure to comply with its obligations under the Contract:
- delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which Hydor notified the Buyer that the Goods were ready; and
- Hydor shall store the Goods until delivery takes place, and charge the Buyer for all related costs and expenses (including insurance).
- If ten Business Days after the day on which Hydor notified the Buyer that the Goods were ready for delivery the Buyer has not taken or accepted delivery of them, Hydor may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.
- If Hydor delivers up to and including 5% more or less than the quantity of Goods ordered the Buyer may not reject them, but on receipt of notice from the Buyer that the wrong quantity of Goods was delivered, a pro rata adjustment shall be made to the Order invoice, provided that Hydor has received notice from the Buyer of such wrong quantity within forty-eight (48) hours of delivery of the Goods.
- Hydor may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Buyer to cancel any other instalment.
- Hydor shall ensure that:
- Cancellation Of Orders And Return Of Goods
- No Order which has been accepted by Hydor may be cancelled by the Buyer except with the agreement in writing of Hydor and on the condition that the Buyer shall indemnify Hydor in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Hydor up to and until the date of the cancellation in connection with the Order or as a result of cancellation.
- The Buyer may, with the agreement in writing of Hydor, return any unused Goods, which are “stock” items (i.e. Goods that are within the Hydor stocked range of Hydor branded products, and being sold by Hydor at the time of return) to Hydor, provided that any such Goods are returned to Hydor premises at the Buyer’s expense:
- within one (1) calendar month of the date of delivery; and
- with appropriate Hydor return paperwork completed as required by Hydor.
- Where the Goods are returned and accepted by Hydor to be in an unused and re-saleable condition, Hydor will raise a credit in favour of the Buyer. The amount of credit will be calculated on the basis of the price paid by the Buyer for the Goods, less a 25% restocking fee.
- The right set out in clause 3.2 shall not apply in the case of any Goods which are not part of the Hydor range of stocked branded products sold by Hydor at the time of return.