Llaborate shall deliver the products to the customer’s location as set out in the Order Details. Delivery dates are non-binding and time for delivery shall not be of the essence. Delivery of products may be made in instalments. Llaborate shall not be liable for any loss (including loss of profits), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by Llaborate’s negligence), nor will any delay entitle Customer to terminate or rescind the Agreement. Llaborate shall only be liable for any non-delivery of Products if Customer gives written notice to Llaborate within 7 days of the date when the Products would, in the ordinary course of events, have been delivered.
The products shall be at the risk of the customer from the time of delivery. Llaborate retains legal, beneficial and equitable ownership of the goods until full payment for the goods has been received. Therefore, until full payment is received, Customer will (1) hold the Products on a fiduciary basis as Llaborate’s bailee (2) store the Products (at no cost to Llaborate) separately from all other goods of Customer or any third party in such a way that they remain readily identifiable as Llaborate’s property (3) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products (4) maintain the Products in satisfactory condition and keep them insured on Llaborate’s behalf for their full price against all risks to the reasonable satisfaction of Llaborate. On request Customer shall produce the policy of insurance to LLaborate. Customer grants Llaborate, its agents and employees an irrevocable licence at any time to enter without restriction any premises where the Products are or may be stored without prior notice in order to inspect them, or, where Customer’s right to possession has terminated, to recover them. Llaborate shall be entitled to maintain an action against Customer for the price of the Products notwithstanding that legal, equitable and beneficial title to and property in the Products has not passed to Customer.
The Customer shall inspect the Products to identify any missing, wrong or damaged Products or packaging, and notify Llaborate of any such issues which would be apparent on reasonable inspection and testing of the Products within 7 days of the date of delivery of the Products. Where the defect or failure would not be so apparent within 7 days of the date of delivery, Customer shall notify Llaborate in writing of any defects or other failure of the Products within a reasonable time. If Customer does not comply with the notification requirements in this clause, Customer shall not be entitled to reject the Products; Llaborate shall have no liability for such defect or failure, and Customer shall be bound to pay for the Products as if they had been delivered in accordance with the Agreement.
If for any reason Customer does not accept delivery of any of the Products when they are ready for delivery, or Llaborate is unable to deliver the Products on time because Customer has not provided appropriate instructions, documents, licences or authorisations then the Products will be deemed to have been delivered, risk passing to Customer (including for loss or damage caused by Llaborate’s negligence) and Llaborate may:
(1) Store the Products until actual delivery and Customer shall be liable for all related costs and expenses (including without limitation storage and insurance); or
(2) sell the Products at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge Customer for any shortfall below the Price for the Products.
Missing, Damaged or Incorrect Orders
We try our very best to make sure your order reaches you in excellent condition. If you do not receive your order in full please check that they have been sent by using the tracking facility. If you need any further assistance please contact customer services via email Here.
This page was last updated on July 2015