Common use of Delivery and Collection Clause in Contracts

Delivery and Collection. 7.1 Unless otherwise agreed between the Supplier and the Customer in writing, It is the responsibility of the Customer to collect the Hire Goods from the Supplier, and return them to the Supplier at the end of the Hire 7.2 The Supplier shall make the Hire Goods available for collection on the date agreed and at the place specified in the Commercial Terms Schedule, as may be amended from time to time by notice in writing from the Supplier. 7.3 If the Supplier agrees to collect the Hire Goods from the Customer, the Customer shall make the Hire Goods available for collection on the last day of the Hire Period and at the place agreed in writing with the Supplier. The Supplier will collect the Hire Goods within a reasonable time of the Hire Goods being made available for collection by the Customer. In accordance with clause 6 above, the risk in the Hire Goods shall remain with the Customer and the Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by the Supplier. For the avoidance of doubt, if the Supplier does not agree to collect the Hire Goods in accordance with this clause, the Customer shall deliver the Hire Goods to the Supplier at the place specified by the Supplier in the Commercial Terms Schedule, on the last day of the Hire Period. 7.4 Where the Customer is a Consumer, and the supply of Hire Goods is delayed by an event outside of the Supplier’s control then the Supplier will contact the Consumer as soon as possible and the Supplier will take steps to minimise the effect of the delay. Provided the Supplier does this, the Supplier will not be liable for delays caused by the event, but if there is a risk of substantial delay, the Consumer may contact the Supplier to end the Contract and receive a refund for any Hire Goods which have been paid for but not received. 7.5 If the Customer is a business, any dates quoted for delivery or collection of the Sale Goods by the Supplier are approximate only, and the time of delivery or collection is not of the essence. The Supplier shall not be liable for any delay in delivery of the Hire Goods that is caused by a Force Majeure event or the Customer's failure to provide the Supplier with adequate delivery or collection instructions or any other instructions that are relevant to the supply or collection of the Hire Goods. 7.6 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub- contractors and/or agents to allow them to deliver or collect the Hire Goods. 7.7 If any of the delivery or collection of the Hire Goods are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation . 7.8 The Customer shall comply with all applicable legislation relating to the use of red diesel and shall not use red diesel in the Hire Goods unless a HMRC approved exemption applies (as set out in latest Excise Notice 75). 7.9 On receipt of the Hire Goods from the Customer at the end of the Hire Period, the Supplier shall carry out an inspection of the Hire Goods, to ensure that the Hire Goods do not contain any red diesel. 7.10 If the Supplier determines, in its discretion, that the Hire Goods do contain red diesel including trace elements or that any further use of the Hire Goods will be in breach of applicable legislation relating to the use of red diesel the Supplier reserves the right to charge the Customer: 7.10.1 for the cost of draining and flushing the fuel system, as may be required to remove all traces of red diesel to ensure the Hire Goods are in a condition for use by other customers using only fully duty paid diesel/biofuels; and 7.10.2 a refill charge of white diesel to fill the Hire Goods to full tank capacity. 7.11 The Customer hereby indemnifies the Supplier in full and on demand against any and all liabilities, costs, expenses, damages and losses (‘Liabilities’) suffered or incurred by the Supplier arising out of or in connection with any failure by the Customer to comply with clause 7.8 and all relevant legislation, as updated from time to time, in relation to the use of red diesel in the Hire Goods, including but not limited to Liabilities related to the following: 7.11.1 any Hire Goods being impounded by HMRC; 7.11.2 any outstanding duty payments on the Hire Goods; 7.11.3 any other legal costs, transportation and other expenditure appertaining to the return of the Hire Goods party.

Delivery and Collection. 7.1 12.1 Unless otherwise agreed between the Supplier and the Customer in writing, It is the responsibility of the Customer to collect the Hire Sale Goods from the Supplier, and return them to . If the Supplier agrees to deliver it will do so at its standard delivery cost, set out in the end of the HireCommercial Terms Schedule. 7.2 12.2 The Supplier shall make the Hire Sale Goods available for collection on the date agreed and at the place specified in the Commercial Terms Schedule, as may be amended from time to time by notice in writing from the Supplier. 7.3 If the Supplier agrees to collect the Hire Goods from the Customer, the Customer shall make the Hire Goods available for collection on the last day of the Hire Period and at the place agreed in writing with the Supplier. The Supplier will collect the Hire Goods within a reasonable time of the Hire Goods being made available for collection by the Customer. In accordance with clause 6 above, the risk in the Hire Goods shall remain with the Customer and the Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by the Supplier. For the avoidance of doubt, if the Supplier does not agree to collect the Hire Goods in accordance with this clause, the Customer shall deliver the Hire Goods to the Supplier at the place specified by the Supplier in the Commercial Terms Schedule, on the last day of the Hire Period. 7.4 12.3 Where the Customer is a Consumer, and the supply of Hire Sale Goods is delayed by an event outside of the Supplier’s control then the Supplier will contact the Consumer as soon as possible and the Supplier will take steps to minimise the effect of the delay. Provided the Supplier does this, the Supplier will not be liable for delays caused by the event, but if there is a risk of substantial delay, the Consumer may contact the Supplier to end the Contract and receive a refund for any Hire Sale Goods which have been paid for but not received. 7.5 12.4 If the Customer is a business, any dates quoted for delivery or collection of the Sale Goods by the Supplier are approximate only, and the time of delivery or collection is not of the essence. The Supplier shall not be liable for any delay in delivery of the Hire Sale Goods that is caused by a Force Majeure event or the Customer's failure to provide the Supplier with adequate delivery or collection instructions or any other instructions that are relevant to the supply or collection of the Hire Sale Goods. 7.6 12.5 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub- contractors and/or agents to allow them to deliver or collect the Hire Sale Goods. 7.7 12.6 If any of the delivery or collection of the Hire Sale Goods are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation cancellation. 7.8 The Customer shall comply with all applicable legislation relating to the use of red diesel and shall not use red diesel in the Hire Goods unless a HMRC approved exemption applies (as set out in latest Excise Notice 75). 7.9 On receipt of the Hire Goods from the Customer at the end of the Hire Period, the Supplier shall carry out an inspection of the Hire Goods, to ensure that the Hire Goods do not contain any red diesel. 7.10 If the Supplier determines, in its discretion, that the Hire Goods do contain red diesel including trace elements or that any further use of the Hire Goods will be in breach of applicable legislation relating to the use of red diesel the Supplier reserves the right to charge the Customer: 7.10.1 for the cost of draining and flushing the fuel system, as may be required to remove all traces of red diesel to ensure the Hire Goods are in a condition for use by other customers using only fully duty paid diesel/biofuels; and 7.10.2 a refill charge of white diesel to fill the Hire Goods to full tank capacity. 7.11 The Customer hereby indemnifies the Supplier in full and on demand against any and all liabilities, costs, expenses, damages and losses (‘Liabilities’) suffered or incurred by the Supplier arising out of or in connection with any failure by the Customer to comply with clause 7.8 and all relevant legislation, as updated from time to time, in relation to the use of red diesel in the Hire Goods, including but not limited to Liabilities related to the following: 7.11.1 any Hire Goods being impounded by HMRC; 7.11.2 any outstanding duty payments on the Hire Goods; 7.11.3 any other legal costs, transportation and other expenditure appertaining to the return of the Hire Goods party.

Delivery and Collection. 7.1 Unless otherwise agreed between the Supplier and the Customer in writing, It is the responsibility of the Customer to collect the Hire Goods from the Supplier, and return them to the Supplier at the end of the Hire 7.2 6.1 The Supplier shall make ensure that each delivery of the Hire Goods available for collection is accompanied by a delivery note that shows the date of the Order and the type and quantity of the Goods (the “Proof of Delivery”), and this Proof of Delivery is to be signed by a Customer representative. 6.2 Delivery is completed on the date agreed and completion of unloading of the Goods at the place specified in the Commercial Terms Scheduledelivery location, as may be amended from time to time by notice in writing from the Supplier. 7.3 If the Supplier agrees to collect the Hire Goods from the Customer, the Customer shall make the Hire Goods available for collection on the last day of the Hire Period and at the place agreed in writing with the Supplier. The Supplier will collect the Hire Goods within a reasonable time of the Hire Goods being made available for collection by the Customer. In accordance with clause 6 above, the risk in the Hire Goods shall remain with pass at the completion of Delivery. Title in the Goods shall not pass to the Customer and the Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by the Supplier. For the avoidance of doubt, if the Supplier does not agree to collect the Hire Goods payment has been received (in accordance with this clause, the Customer shall deliver the Hire Goods to the Supplier at the place specified by the Supplier in the Commercial Terms Schedule, on the last day of the Hire Periodclause 9). 7.4 Where the Customer is a Consumer, and the supply of Hire Goods is delayed by an event outside of the Supplier’s control then the Supplier will contact the Consumer as soon as possible and the Supplier will take steps to minimise the effect of the delay. Provided the Supplier does this, the Supplier will not be liable for delays caused by the event, but if there is a risk of substantial delay, the Consumer may contact the Supplier to end the Contract and receive a refund for any Hire Goods which have been paid for but not received. 7.5 If the Customer is a business, any 6.3 Any dates quoted for delivery or collection of the Sale Goods by the Supplier are approximate only, and the time of delivery or collection is not of the essence. The Supplier shall not be liable for any delay in delivery of the Hire Goods that is caused by a Force Majeure event Event or the Customer's failure to provide the Supplier with adequate delivery or collection instructions or any other instructions that are relevant to the supply or collection of the Hire Goods. 7.6 6.4 The Customer will allow and/or procure sufficient access Supplier engages a Delivery Service to and from deliver the relevant site and procure sufficient unloading spaceGoods to the Customer. If the Delivery Service fails to deliver the Goods, facilitiesor if the Goods are damaged in transit, equipment and access to utilities for the Supplier’s employeesliability 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, sub- contractors and/or agents to allow them less the price of the Goods. The Supplier 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 collect the Hire Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 7.7 If any of 6.5 The Customer may choose to elect to collect the delivery or Goods from the Warehouse, and in such circumstances (i) the collection of is deemed completed; and (ii) the Hire risk in the Goods shall pass, when the Goods are delayed, postponed and/or are cancelled due loaded to the Customer’s haulage vehicle (or to a third-party haulage vehicle sent by the Customer) at the Warehouse. Title in the Goods shall not pass to the Customer failing to comply until payment has been received (in accordance with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation . 7.8 The Customer shall comply with all applicable legislation relating to the use of red diesel and shall not use red diesel in the Hire Goods unless a HMRC approved exemption applies (as set out in latest Excise Notice 75clause 9). 7.9 On receipt of the Hire Goods from the Customer at the end of the Hire Period, the Supplier shall carry out an inspection of the Hire Goods, to ensure that the Hire Goods do not contain any red diesel. 7.10 If the Supplier determines, in its discretion, that the Hire Goods do contain red diesel including trace elements or that any further use of the Hire Goods will be in breach of applicable legislation relating to the use of red diesel the Supplier reserves the right to charge the Customer: 7.10.1 for the cost of draining and flushing the fuel system, as may be required to remove all traces of red diesel to ensure the Hire Goods are in a condition for use by other customers using only fully duty paid diesel/biofuels; and 7.10.2 a refill charge of white diesel to fill the Hire Goods to full tank capacity. 7.11 The Customer hereby indemnifies the Supplier in full and on demand against any and all liabilities, costs, expenses, damages and losses (‘Liabilities’) suffered or incurred by the Supplier arising out of or in connection with any failure by the Customer to comply with clause 7.8 and all relevant legislation, as updated from time to time, in relation to the use of red diesel in the Hire Goods, including but not limited to Liabilities related to the following: 7.11.1 any Hire Goods being impounded by HMRC; 7.11.2 any outstanding duty payments on the Hire Goods; 7.11.3 any other legal costs, transportation and other expenditure appertaining to the return of the Hire Goods party.

Delivery and Collection. 7.1 Unless otherwise agreed between the Supplier and the Customer in writing, It is the responsibility of the Customer to collect the Hire Goods from the Supplier, and return them to the Supplier at the end of the Hire 7.2 The Hire Period. If the Supplier shall make agrees to deliver Hire Goods to and/or collect the Hire Goods available for collection on from the date agreed and at the place specified Customer it will in the Commercial Terms Schedule, as may be amended from time to time by notice in writing from the Supplier. 7.3 If the Supplier agrees to collect the Hire Goods from the Customer, the Customer shall make the Hire Goods available for collection on the last day of the Hire Period and at the place agreed in writing with the Supplier. The Supplier will collect the Hire Goods within a reasonable time of the Hire Goods being made available for collection by the Customer. In accordance with clause 6 above, the risk in the Hire Goods shall remain with the Customer and the Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by the Supplier. For the avoidance of doubt, if the Supplier does not agree to collect the Hire Goods in accordance with this clause, the Customer shall deliver the Hire Goods to the Supplier at the place specified by the Supplier in the Commercial Terms Schedule, on the last day of the Hire Period. 7.4 Where the Customer is a Consumer, and the supply of Hire Goods is delayed by an event outside of the Supplier’s control then the Supplier will contact the Consumer as soon as possible and the Supplier will take steps to minimise the effect of the delay. Provided the Supplier does this, the Supplier will not be liable for delays caused by the event, but if there is a risk of substantial delay, the Consumer may contact the Supplier to end the Contract and receive a refund for any Hire Goods which have been paid for but not received. 7.5 If the Customer is a business, any dates quoted for delivery or collection of the Sale Goods by the Supplier are approximate only, and the time of delivery or collection is not of the essence. The Supplier shall not be liable for any delay in delivery of the Hire Goods that is caused by a Force Majeure event or the Customer's failure to provide the Supplier with adequate delivery or collection instructions or any other instructions that are relevant to the supply or collection of the Hire Goods. 7.6 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub- contractors and/or agents to allow them to deliver or collect the Hire Goods. 7.7 If any of the delivery or collection of the Hire Goods are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation . 7.8 The Customer shall comply with all applicable legislation relating to the use of red diesel and shall not use red diesel in the Hire Goods unless a HMRC approved exemption applies (as set out in latest Excise Notice 75). 7.9 On receipt of the Hire Goods from the Customer at the end of the Hire Period, the Supplier shall carry out an inspection of the Hire Goods, to ensure that the Hire Goods do not contain any red diesel. 7.10 If the Supplier determines, in its discretion, that the Hire Goods do contain red diesel including trace elements or that any further use of the Hire Goods will be in breach of applicable legislation relating to the use of red diesel the Supplier reserves the right to charge the Customer: 7.10.1 for the cost of draining and flushing the fuel system, as may be required to remove all traces of red diesel to ensure the Hire Goods are in a condition for use by other customers using only fully duty paid diesel/biofuels; and 7.10.2 a refill charge of white diesel to fill the Hire Goods to full tank capacity. 7.11 The Customer hereby indemnifies the Supplier in full and on demand against any and all liabilities, costs, expenses, damages and losses (‘Liabilities’) suffered or incurred by the Supplier arising out of or in connection with any failure by the Customer to comply with clause 7.8 and all relevant legislation, as updated from time to time, in relation to the use of red diesel in the Hire Goods, including but not limited to Liabilities related to the following: 7.11.1 any Hire Goods being impounded by HMRC; 7.11.2 any outstanding duty payments on the Hire Goods; 7.11.3 any other legal costs, transportation and other expenditure appertaining to the return of the Hire Goods partywhere the Hire Goods have not been drained or flushed of red diesel to a traceability level accepted by HMRC.