5 Delivery and Collection
5.1 We shall use all reasonable endeavours to provide the Deliverables in accordance with the delivery timetable described in the Agreement. Unless otherwise agreed, delivery shall be made to the address specified in your Order.
5.2 You agree to inspect the Deliverables on delivery. Any defects, damage or shortages must be notified to us immediately and, in any case, no later than 24 hours after delivery, failing which the quantity and quality of the Deliverables shall be deemed accepted. Claims for damage or defects not discoverable on reasonable examination must be made within 48 hours of discovery of the same.
5.3 We shall not be liable for any delay in delivery of the Deliverables that is caused by a Force Majeure Event or by your failure to provide us with adequate or correct delivery instructions or any other instructions that are relevant to the supply of the Deliverables.
5.4 If we fail to provide the Deliverables, our liability shall be limited to the reasonable costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Deliverables.
5.5 We shall (at our option) repair or replace any defects, damage or shortages in the Deliverables which are notified in writing to us in accordance with clause 2 (or may instead apply an appropriate credit to the Charges). However, we are not responsible for any defects or any other damage or loss caused by wilful damage, negligence (other than by our employees or agents), incorrect storage, application, movement or installation, defects caused by fair wear and tear or alteration or repair without our prior written agreement.
5.6 You agree to return to us any defective or damaged Deliverables, at your risk and cost, as soon as possible and no later than 48 hours of notification of the defect, packaged and transported in accordance with our reasonable requirements.
5.7 If you fail to take delivery of the Deliverables within three business days of our notification that the Deliverables are ready, then except where such failure or delay is caused by a Force Majeure Event or by our failure to comply with our obligations under the Contract in respect of the Deliverables:
(a) delivery of the Deliverables shall be deemed to have been completed at 9.00 am on the [third] business day following the day on which we notified you that the Deliverables were ready; and
(b) we shall store the Deliverables until delivery takes place.
5.8 If ten business days after we notified you that the Deliverables were ready for delivery you have not taken delivery of them, we may dispose of part or all of the Deliverables.
5.9 We may deliver the Deliverables by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.