Delivery prices and estimated delivery days are stated at the checkout stage before an order is placed
6.1 Unless otherwise agreed in writing, delivery of the Products will be at the Customer’s address. Delivery of Products will be accepted
at any time of day and at any time after the Products are ready.
6.2 The Supplier will use reasonable endeavours to deliver or perform each of the orders within the time agreed when the order is
placed and, if no time is agreed, then within a reasonable time, but the time of delivery or performance will not be of the essence. The
Supplier shall not be liable for any delay in delivery of the Products or performance of the Services that is caused by a Force Majeure event
or the Customer’s failure to provide the Supplier with adequate delivery instructions or other instructions relevant to the supply of
Products or Services.
6.3 If the Supplier is for any reason unable to fulfil any delivery or performance on the specified date, the Supplier will not be deemed
to be in breach of this Contract, nor will the Supplier have any liability to the Customer for direct, indirect or consequential loss (all of which
terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever
caused (including as a result of negligence) by any delay or failure in delivery except as set out in this condition. Any delay in delivery will
not entitle the Customer to cancel the order unless and until such delay exceeds 60 (sixty) days and the Customer has given 7 days’
written notice to the Supplier requiring the delivery to be made and the Supplier has not fulfilled the delivery within that period. If the
Customer cancels the order in accordance with this Condition 6.3 then the Supplier's liability will be limited to:
6.3.1 a refund to the Customer of any sums which the Customer has paid to the Supplier in respect of that order or part of the order which
has been cancelled; and
6.3.2 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, and the Customer will be under no liability to make any further
payments under Condition 4.2 in respect of the order or part of the order which has been cancelled. Unipart 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
Unipart Rail with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.4 If the Customer fails to take or accept delivery or performance of any of the Products or Services when they are ready for delivery or
performance or to provide any instructions, documents, licences or authorisations required to enable the Products to be delivered or
Services to be performed on time (except solely on account of the Supplier’s default), the Products or Services will be deemed to have
been delivered or performed on the due date and (without prejudice to its other rights) the Supplier may:
6.4.1 store or arrange for storage of the Products until actual delivery or sale in accordance with Condition 6.4.2 and charge the Customer
for all related costs and expenses (including, without limitation, storage and insurance); and/or
6.4.2 sell any of the Products at the best price reasonably obtainable in the circumstances and charge the Customer for any shortfall below
the price under the Contract or account to the Customer for any excess achieved over the price under the Contract, in both cases
having taken into account any charges related to the sale.
6.5 The Customer may return any Products that are unwanted by the Customer provided these Products are returned in accordance with
the Supplier’s current Return’s Policy.