Common use of Perishable Goods Clause in Contracts

Perishable Goods. 17.1 Goods including but not limited to perishable goods in the care, custody or control of the Company may at the Customer’s expense be sold or disposed of by the Company without notice to the Customer, sender, Owner or consignee, if: 17.1.1 such Goods have begun to deteriorate or are likely to deteriorate, or are insufficiently addressed or marked; or 17.1.2 the Customer cannot be identified; 17.1.3 the Goods have not been collected or accepted by the Customer or any other person after the expiration of 7 days from the Company notifying the Customer in writing to collect or accept such Goods, provided that if the Company has no address for the Customer such notice period shall not be necessary, and payment or tender of the net proceeds, if any, of the sale thereof after deduction of those charges and expenses incurred by the Company in respect thereof shall be equivalent to delivery of such Goods. 17.2 Should any sum owing by the Customer to the Company become due and payable and remain unpaid, the Company shall be entitled, and the Customer hereby authorises the Company without further notice to the Customer and without first obtaining an order of court, to sell all or any of the Goods by public auction by private treaty. The net proceeds of any such sale, after deducting all costs, charges and expenses incurred by the Company, shall be applied in reduction or discharge as the case may be, of the Customer’s obligations to the Company in respect of such Goods, but without prejudice to the Company’s right to recover from the Customer any balance which may remain owing to the Company.

Perishable Goods. 17.1 Goods including but not limited to 11.1 Without limiting or affecting any other terms of these trading terms and conditions, goods (whether perishable goods or otherwise) in the care, custody or control of the Company company may at the Customer’s customer's expense be sold or disposed of by the Company company without notice to the Customercustomer, sender, Owner owner or consignee, if:if:- 17.1.1 11.1.1 such Goods goods have begun to deteriorate or are likely to deteriorate, or ; 11.1.2 such goods are insufficiently addressed or marked; or; 17.1.2 11.1.3 the Customer customer cannot be identified; 17.1.3 11.1.4 the Goods goods have not been collected or accepted by the Customer customer or any other person after the expiration of 7 21 (twenty-one) days from the Company company notifying the Customer customer in writing to collect or accept such Goodsgoods, provided that if the Company company has no address for the Customer customer such notice period shall not be necessary, and payment or tender of the net proceeds, if any, of the sale thereof after deduction of those charges and expenses incurred by the Company company in respect thereof shall be equivalent to delivery of such Goodsgoods. 17.2 11.2 Should any sum amount owing by the Customer customer to the Company company in respect of any goods referred to in 11.1 become due and payable and remain unpaid, the Company company shall be entitled, entitled and the Customer customer hereby authorises the Company without further notice to the Customer company and without first obtaining an order of court, to sell all or any of the Goods goods by public auction or on reasonable notice not exceeding 14 (fourteen) days by private treaty. The net proceeds of any such sale, after deducting therefrom all costs, charges and expenses incurred by the Companycompany, shall be applied in reduction or discharge as the case may be, of the Customer’s customer's obligations to the Company company in respect of such Goods, but goods without prejudice to the Company’s right company's rights to recover from the Customer customer any balance which may remain owing to the Companycompany after the exercise of such rights. Should the total amount collected by the company, after deducting therefrom all costs, charges and expenses incurred by the company in respect thereof, exceed the full amount of the customer's obligations to the company in respect of such goods, the company shall be obliged to refund such excess to the customer.