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Delivery

  • Unless otherwise agreed by Mailing Solutions UK Ltd. in writing, delivery of the Goods shall take place at the Delivery Address.
  • The Buyer shall take delivery of the goods within 7 days of Mailing Solutions UK Ltd. giving it notice that the Goods are ready for delivery.
  • Any dates specified by Mailing Solutions UK Ltd. for delivery of the Goods are an estimate. Time for delivery is not of the essence and shall not be made of the essence by notice.
  • Subject to the other provisions of these terms and conditions Mailing Solutions UK Ltd. shall not be liable for any direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Mailing Solutions UK Ltd’s negligence). No such delay shall entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 30 days. If the delay in delivery of any Goods exceeds 30 days, the Buyer shall be entitled to cancel delivery of those Goods which are so overdue for delivery by written notice to Mailing Solutions UK Ltd. The foregoing right to cancel shall be the Buyer’s sole remedy in respect of any delay in delivery.
  • If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or Mailing Solutions UK Ltd. is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: -
    • risk in the Goods shall pass to the Buyer (including for loss or damage caused by Mailing Solutions UK Ltd’s negligence);
    • the Goods shall be deemed to have been delivered;
    • Mailing Solutions UK Ltd. may store the Goods until delivery and the Buyer shall be liable for all related costs and expenses (including storage, insurance and carriage); and
    • the price for the Goods shall become due immediately.
  • Unless otherwise agreed by Mailing Solutions UK Ltd. in writing, the Buyer shall provide at the Delivery Address and at its expense adequate and appropriate equipment and manual labour for accepting delivery of the Goods.
  • Mailing Solutions UK Ltd. may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
  • Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
  • If so requested by the Buyer, Mailing Solutions UK Ltd. may in its absolute discretion, agree to install the Goods at the premises of the Buyer.
  • Where Mailing Solutions UK Ltd. agrees at the request of the Buyer to install the Goods at the premises of the Buyer, the Buyer shall permit Mailing Solutions UK Ltd. access to such of its premises or personnel as Mailing Solutions UK Ltd. may reasonably require to perform the installation.
  • If the Buyer fails to comply with clause 4.10, Mailing Solutions UK Ltd. may invoice the Buyer in respect of any reasonable costs and expenses incurred by Mailing Solutions UK Ltd. as a consequence of the Buyer failing to comply with clause 4.10.

Non-Delivery

  • The quantity of any consignment of Goods as recorded by Mailing Solutions UK Ltd. upon despatch from Mailing Solutions UK Ltd’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
  • The Buyer shall inspect the Goods on delivery and shall, within 3 days of the date of delivery, notify Mailing Solutions UK Ltd. in writing of any alleged defect, shortage of quantity, surplus of quantity, damage or failure to comply with the description given by Mailing Solutions UK Ltd.
  • If the Buyer does not so notify Mailing Solutions UK Ltd. the Goods delivered shall be presumed to be in accordance with the terms of the Contract and free from any defect, damage or shortage of quantity which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
  • Any liability of Mailing Solutions UK Ltd. for total or partial non-delivery of Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

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Mailing Solution UK Ltd t/a msldirect.co.uk, Trident House, Anchor Court, Commrcial Rd, Darwen, Lancs, BB3 0DB.
Tel: 0845 3311007 Fax: 0845 3311008 Email: enquiries@msldirect.co.uk
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