BI FLEX STEEL TROWEL

1.Delivery of Goods to the Buyer shall be deemed to be effected by ClaudiCemento at the following times:

1.1   where Goods are transported to the Buyer by ClaudiCemento, the manufacturer of the Goods, or by an independent carrier, at the time the Goods arrive prior to unloading at the at premises specified in the Contract, or at the nearest road accessible point to such premises (as applicable);

1.2   in the event of Goods being collected by the Buyer, at the earlier of:

1.2.1  the time of collection of the Goods by the Buyer, its employees or agents from ClaudiCemento’s premises; or,

1.2.2   seven days after the date on which the Buyer was notified that the Goods were ready for collection.

2. The Goods are generally dispatched within 2-3 business days after receipt of payment. The Exact timings of deliveries cannot be specified.  The date or dates (if any) specified by ClaudiCemento in the Contract shall only constitute the times by which ClaudiCemento expects to effect delivery, and time of delivery shall not be of the essence.

3. Unless otherwise stated, all deliveries will be made at the kerbside within the arc of the crane, where the driver deems safe to do so, whilst delivering the goods. ClaudiCemento is not responsible for any additional lifting or carrying of the Goods.  ClaudiCemento reserves the right not to unload Goods unless payment in full has been received and delivered Goods have been signed for.

4. When requested by the Buyer in writing, ClaudiCemento shall either endeavour to expedite delivery of the Goods (but such request shall not make time of delivery of the essence), or (as appropriate) delay the physical delivery of the Goods for a period of up to 28 days.

The Buyer shall reimburse ClaudiCemento for all additional costs (including but not limited to: overtime payments; storage charges and insurance) that ClaudiCemento incurs in complying with such a request under condition 6.

5.  In the event that delay in physical delivery continues for a period in excess of 28 days then ClaudiCemento may:

5.1  terminate the Contract; and

5.2 sell the Goods to another person; and

5.3 seek damages for all direct, indirect and consequential loss suffered by ClaudiCemento as a result of the Buyer’s default.

6. If ClaudiCemento shall be prevented from delivering the Goods in accordance with the Contract as a result of delay or default on the part of the Buyer and the Contract is not cancelled, ClaudiCemento shall be entitled to reschedule the date for such delivery to such time as it shall reasonably require taking into account its commitments to third parties.

7. Subject to the other provisions of these conditions, ClaudiCemento’s financial liability for any late delivery shall be limited to the Contract Price and ClaudiCemento shall not be responsible for any direct, indirect or consequential loss, costs damages, charges, or expenses caused by any delay in the delivery of the Goods resulting from:

7.1  any failure of the Buyer to take delivery at the appropriate time;

7.2   any failure of the Buyer to give proper delivery instructions, or failure to obtain appropriate authorisations to permit the delivery of the Goods;

7.3   any delay or postponement of delivery requested by the Buyer pursuant to condition 1.3.

8. No delaying in delivery resulting from ClaudiCemento’s default shall entitle the Buyer to rescind the Contract unless the delay exceeds 5 days.

9. ClaudiCemento may deliver the goods by separate instalments.  Each separate instalment may be invoiced separately.  Each instalment shall be a separate Contract and no cancellation or termination of any one Contract shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

10. Shipping fees include handling and packing fees as well as postage costs.

11. Transport fees vary according to total weight of the shipment. We advise the Buyer to group the purchased Goods in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them.

12. “Available on back order” status means that the Goods are not currently available for instant delivery, as it is out of stock. It takes between 8-10 working days to receive the Goods ordered with “Available on back order” status.

13. Orders for an area above 500m2 might be dispatched within 10-14 working days. The Buyer shall contact ClaudiCemento directly to obtain more details about the delivery times.