Variable Elbow (124)

1 KITE shall ensure that:

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(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by installments, the outstanding balance of Goods remaining to be delivered; and

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(b) If KITE requires the Customer to return any packaging materials to KITE, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as KITE shall reasonably request. Returns of packaging materials shall be at KITE’s expense.

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2 KITE shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after KITE notifies the Customer that the Goods are ready.

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3 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.

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4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. KITE shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event, the acts or omissions of a third party, or the Customer’s failure to provide KITE with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

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5 KITE will contact the Customer no less than five business days in advance of any quoted delivery date in the event that the Goods will not be delivered on the quoted delivery date and the Customer will use best endeavours to mitigate any loss incurred by it in relation to the change in the quoted delivery date.

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6 If KITE fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. KITE shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide KITE with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

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7 If the Customer fails to accept delivery of the Goods within 3 Business Days of KITE notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or KITE’s failure to comply with its obligations under the Contract:

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(a) delivery of the Goods shall be deemed to have been completed at

9.00 am on the third Business Day after the day on which KITE notified the Customer that the Goods were ready; and

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(b) KITE shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

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8 If 10 Business Days after the day on which KITE notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, KITE may resell or otherwise dispose of part or all of the Goods.

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9 KITE may deliver the Goods by installments, which shall be invoiced and paid for separately. Each installment shall constitute a separate Contract. Any delay in delivery or defect in an installment shall not entitle the Customer to cancel any other installment.