Terms & Conditions

458 01.12.17 2.4 Where Mila delivers or arranges delivery of the goods, the Buyer shall be liable to Mila for carriage costs, insurance costs and any demurrage costs incurred by Mila if vehicles are unduly delayed at the place of delivery. 3. DELIVERY 3.1 Delivery of the goods shall be given and taken at Mila’s premises unless Mila has specifically agreed in writing to arrange transport for the goods in which case delivery shall occur when the goods arrive at the designated place of delivery. 3.2 Mila shall be entitled to deliver goods in instalments and each such delivery shall be treated as a separate contract. 3.3 Time for delivery is given as accurately as possible but is not guaranteed. The Buyer shall have no right to damages or to cancel the contract for failure for any cause to meet any delivery time stated nor shall the Buyer be entitled to make, or to purport to make, time for delivery of the essence of the contract. 3.4 The date for delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the Buyer. 3.5 If the Buyer fails to take delivery of goods or to give Mila adequate delivery instructions (save where this is due to an act or omission by Mila) then, without prejudice to any other right or remedy available to Mila, Mila may:- 3.5.1 store the goods until delivery and charge the Buyer reasonable costs of such storage; or 3.5.2 treat the contract as repudiated by the Buyer either in whole or in part. 3.6 Mila will endeavour to comply with reasonable requests by the Buyer for postponement of delivery of the goods but shall be under no obligation to do so. Where delivery is postponed, otherwise than due to default by Mila then, without prejudice to all other rights and remedies available to Mila, the Buyer shall pay all costs and expenses, including a reasonable charge for storage and transportation so occasioned. 3.7 Mila will not be liable for unloading the goods at the place of delivery or for placing them in position on site except by prior agreement in writing, and if Mila or any of its agent does participate in the unloading (whether with or without such prior agreement) the Buyer will indemnify Mila in respect of claims brought against Mila relating to its or its agents participation in such unloading. 3.8 Section 32(2) of the Sale of Goods Act 1979 shall not apply. Mila shall not be required to give

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