Delivery
1.1 Delivery of the Order shall be completed when the Goods reach the agreed delivery point.
1.2 Any dates quoted for delivery are approximate only and Doherty Group shall not be liable for any delay in delivery howsoever caused. Time for delivery shall not be of the essence unless previously agreed in writing by one or more of Doherty group’ authorised employees or agents.
1.3 Where the Goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by Doherty Group to deliver any one or more of the instalments in accordance with these Terms or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the Order as wholly repudiated.
1.5 The Customer is responsible for ensuring that Doherty group is able to deliver the Goods on arrival at the delivery site, where it must ensure that there is safe access for Doherty group and that the delivery vehicle can avail of a suitable parking space adjacent to the Customer’s store. If Doherty group, its servants or agents are unable to park in a location suitable for delivery, it reserves the right to abandon the delivery. The cost of this delivery/transport shall be borne by the Customer.
1.6 Upon the occurrence of the circumstances specified in clause 4.5, or should the Customer fail to take delivery of the Goods for any reason, without prejudice to any other right or remedy available to Doherty Group it may:
- a) store the Goods until actual delivery can be arranged and charge the Customer for the reasonable costs (including insurance) of storage; or
- b) sell the Goods at the best price readily obtainable and after deducting all reasonable expenses, account to the Customer for the excess over the price under the Order, or charge the Customer for any shortfall below the price under the Order.
1.7 In the event that Doherty Group cannot deliver the Goods safely and conveniently the Customer will be liable to pay the Delivery Charge regardless if Doherty Group were able to deliver the Goods. The delivery charge is calculated according to Doherty Group’ standard pricing – details of which will be set out on the quote (Delivery Charge). Doherty Group will be under no obligation to attempt a further delivery. The onus will be on the Customer to request a further delivery, which Doherty Group will be under no obligation to accept. If Doherty Group accepts a request for a further delivery, the Customer will be liable to pay the full cost of this (including Delivery Charge) as well as the Delivery Charge for the original delivery.
1.8 It is the Customer’s responsibility to order the correct quantity of the Goods.
1.9 If the Customer cancels or reschedules the delivery within 2 working days of the delivery, the Customer will be liable for Doherty Group’ Cancellation Charge.
1.10 The Customer must specify any special requirements when requesting a quote. However, Doherty Group does not guarantee to meet any special requirements.
1.11 Doherty Group will not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
1.15 For deliveries of bagged pellets:
1.15.1 Pallets will be delivered to kerbside.
1.15.2 The Customer must provide its own means of moving the bags from kerbside to where they will be stored.
1.15.3 The parking space for the vehicle and set-down spot for the pallet(s) must be on no more than a gentle gradient, with no significant obstacles between the parking space and the set-down spot that might prevent the haulier from offloading the pallet(s).
1.15.4 The Customer will be delivered the number of pallets ordered (possibly in multiple deliveries). The acceptable margin of error on the weight of pellets on each pallet will be ±5 per cent.
