Common use of LOSS OR DAMAGE IN TRANSIT Clause in Contracts

LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery the Company shall repair or replace at the quoted rates goods damaged in transit or not delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not more than two days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two working days of the receipt of the goods by the Purchaser, together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “Not Checked”. Such goods will be invoiced in full by the Company.

LOSS OR DAMAGE IN TRANSIT. When Buyer may not make any deduction from any payment due hereunder by reason of loss or damage to Goods in transit. Upon Buyer’s written request, Seller, in its sole discretion, may agree as a service to Buyer to process Buyer’s claim against the price quoted includes delivery the Company shall repair or replace at the quoted rates goods damaged in transit or not delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not more than two days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting carrier for any loss or damage in transit, or, where delivery is made by the Company’s own transport, provided that Seller receives such claim within 2 days after receipt of the Advice Note. Upon receipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two working five (5) days of the receipt delivery of the goods Goods. Any such claims must be accompanied by a delivery receipt, signed by carrier’s agent at time of delivery, on which receipt the Purchaserloss or damage has been noted, together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge or such claims will be deducted waived. TERMS OF PAYMENT. Terms are stated on Seller’s order or invoice document. Seller may make partial shipments and payment for that portion shall be due as provided on Seller’s order or invoice document based on time of shipment. If, at any time or for any reason, Seller has cause to question Buyer’s ability to perform, Seller may demand such assurances of Buyer’s performance as Seller deems necessary in its discretion, including payment in advance for all shipments. If Buyer fails within ten (10) days of Seller’s demand to provide Seller with such assurance, Seller may suspend its performance, cancel any order then outstanding, receive reimbursement for its reasonable and proper cancellation charges and collect, without limitation, any sums due and owing, its reasonable cancellation charges and all damages resulting from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the PurchaserBuyer’s staff or agent no claim for shortage or damage will be considereddefault. In the event of an agreed shortage on an Buyer’s bankruptcy or insolvency, or in the event of any proceeding brought against Buyer, voluntarily or involuntarily, under bankruptcy or any insolvency laws, Seller may cancel any order the goods will need then outstanding at any time and receive reimbursement for its reasonable and proper cancellation charges. If Buyer fails to be credited and reordered. The quantity of goods delivered make payment for Goods when due, Buyer’s account will be assumed deemed delinquent and Buyer will be liable to be correct Seller for a service charge of eighteen percent (18%) per annum or the maximum allowed by law, whichever is greater, on any Advice Note signed by unpaid amount; provided that, in addition to the Purchaser foregoing, Seller may also suspend its performance, cancel any order then outstanding, receive reimbursement for its reasona‐ ble and marked “Not Checked”proper cancellation charges and to collect, without limitation, any sums due and owing, its reasonable cancellation charges and all damages resulting from Buyer’s default. Such goods Buyer will be invoiced in full by the Companyliable to Seller for all costs and expenses of collection, including court costs and reasonable attorneys’ fees.

LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery the Company shall repair Whenthepricequoted includesdeliverythe Companyshallrepair or replace at the quoted rates goods damaged replacethegoodsdamaged in transit or not delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not no more than two working days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt Uponreceipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, in-house processes then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two working days of the receipt of the goods by the Purchaser, together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “Not Checked”. Such goods will be invoiced in full by the Company.

LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery the Company shall repair or replace at the quoted rates goods damaged in transit or not Whenthepricequotedincludesdeliverythe Companyshallrepairorreplacethegoodsdamagedintransit ornot delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not no more than two working days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt Uponreceipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, in-house processes then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two working days of the receipt of the goods by the Purchaser, together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “Not Checked”. Such goods will be invoiced in full by the invoicedinfullbythe Company.

LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery delivery, the Company shall repair or replace at the quoted rates goods damaged in transit or not delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not more than two 2 days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found defectfound is as a result of the Company’s workmanship or faulty orfaulty materials, then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two 2 working days of the receipt of the goods by the Purchaser, Purchaser together with sufficient information to enable the Company to properly identify the shortage including the Advice Note numberNotenumber, case number casenumber and condition of case. The Company reserves the right to Companyreservestherightto charge £30 where a claim whereaclaim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no agentno claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “‘Not Checked”’. Such goods will be invoiced in full by the Company.

LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery delivery, the Company shall repair or replace at the quoted rates goods damaged in transit or not delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-non- delivery within such time (being not more than two 2 days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt Uponreceipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two 2 working days of the receipt of the goods by the Purchaser, Purchaser together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “‘Not Checked”’. Such goods will be invoiced in full by the Company.

LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery delivery, the Company shall repair or replace at the quoted rates goods damaged quotedratesgoodsdamagedintransitornotdelivered in transit or not delivered in accordance with the accordancewiththe Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not more than two withinsuchtime(beingnotmorethan 2 days) as will enable aswillenable the Company to comply with the Companyto complywiththe carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt of the faulty/damaged goods at the Company’s warehouse and after inspection/inspection/ testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two 2 working days of the receipt of the goods by the Purchaser, Purchaser together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “‘Not Checked”’. Such goods will be invoiced in full by the Company.

LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery the Company shall repair or replace at the quoted rates goods damaged Whenthepricequoted includesdeliverythe Companyshallrepairorreplacethegoodsdamaged in transit or not ornot delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not no more than two working days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt Uponreceipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, in-house processes then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two working days of the receipt of the goods by the Purchaser, together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “Not Checked”. Such goods will be invoiced in full by the fullbythe Company.