Common use of Non Delivery Clause in Contracts

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch from the Company’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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on upon dispatch from the Company’s place of business warehouse or the warehouses used by the Company shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 five days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-non- delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from such third party location as may be specified in the Company’s place of business Order Confirmation shall be conclusive evidence of the quantity received by the Buyer Purchaser on delivery unless the Buyer Purchaser can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer Purchaser gives written notice to the Company of the non-non- delivery within 7 seven days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or refunding the price of the Goods or issuing a credit note at the pro rata Contract Order Confirmation rate against any invoice raised for such Goods.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 14 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’s Company´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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company´s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 3 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 3 working days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 7.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’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 to the contrary. 5.2 7.2 The Company shall not be liable for any non-non- delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of five Working Days from the date when the Goods would in the ordinary course of events have been received. 5.3 7.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable areasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

Non Delivery. 5.1 6.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 6.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 6.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 7.1 The quantity of any consignment of Goods as recorded by the Company Seller on dispatch despatch from the CompanySeller’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer Customer can provide conclusive evidence proving the contrary. 5.2 7.2 The Company Seller shall not be liable for any non-delivery of Goods (even if caused by the Com- panySeller’s negligence) unless the Buyer Customer gives written notice to the Company Seller of the non-delivery within 7 five days of the date when the Goods would in the ordinary course of events have been received. 5.3 7.3 Any liability of the Company Seller for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’s place of business Premises shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. ‌ 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’s place of business warehouse or the warehouses used by the Company shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 5 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-non- delivery of the 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.

Non Delivery. 5.1 o The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 contrary o The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-non delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 received o Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’s Company´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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company´s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 seven days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 5 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on upon dispatch from the Company’s place of business warehouse or the warehouses used by the Company shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 5 (five) days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-non- delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice is given to the Company of the non-delivery within 7 14 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 ten (10) days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 5.1. The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery Buyer, unless the Buyer can provide conclusive evidence proving the contrary. 5.2 5.2. The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 5.3. Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice is given to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 7.1 The quantity of any consignment of Goods as recorded by the Company Seller on dispatch despatch from the Company’s Seller's place of business shall be conclusive evidence of the quantity received by the Buyer Customer on delivery unless the Buyer Customer can provide conclusive evidence proving the contrary. 5.2 7.2 The Company Seller shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Seller's negligence) unless the Buyer Customer gives written notice to the Company Seller of the non-delivery within 7 2 working days of the date when the Goods would in the ordinary course of events have been received. 5.3 7.3 Any liability of the Company Seller for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 90 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 14 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’s place of business of Company shall be conclusive evidence of the quantity received by the Buyer on delivery delivery, unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s negligence) negligence of Company, unless the Buyer ▇▇▇▇▇ gives written notice to the Company of the non-delivery within 7 five (5) days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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, at the option of Company.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-non- delivery within 7 30 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 1. The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’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 contrarycontrary to the Company’s satisfaction. 5.2 2. The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 two (2) days of the date when the Goods would in the ordinary course of events have been receivedreceived by the Buyer. 5.3 3. Any liability of the Company for non-delivery of the 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 by the Buyer for such Goods.

Non Delivery. 5.1 7.1. The quantity of any consignment of Goods Products as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 7.2. The Company shall not be liable for any non-delivery of Goods Products (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-non- delivery within 7 5 working days of the date when the Goods Products would in the ordinary course of events have been received. 5.3 7.3. Any liability of the Company for non-delivery of the Goods Products shall be limited to replacing the Goods Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such GoodsProducts.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice is given to the Company of the non-delivery within 7 14 days of the date when the Goods would in the ordinary course of events have been received. 5.3 . Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 3 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch upon despatch from the Company’s place of business warehouse or the warehouses used by the Company shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 5 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery nondelivery of the 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.. 294

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s place of business manufacturer shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-non- delivery of Goods [(even if caused by the Com- pany’s Company's negligence) )] unless the Buyer gives written notice to the Company of the non-delivery within 7 10 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 four days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery of the 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.Goods.‌

Non Delivery. 5.1 5.1. The quantity of any consignment of Goods as recorded by the Company on dispatch despatch from the Company’s '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. 5.2 5.2. The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Company's negligence) unless the Buyer gives written notice to the Company of the non-non- delivery within 7 5 days of the date when the Goods would in the ordinary course of events have been received. 5.3 5.3. Any liability of the Company for non-delivery of the 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.

Non Delivery. 5.1 11.1. The quantity of any consignment of Goods as recorded by the Company Supplier on dispatch despatch from the Company’s Supplier's place of business shall be conclusive evidence of the quantity received by the Buyer Customer on delivery unless the Buyer Customer can provide conclusive evidence proving the contrary. 5.2 11.2. The Company Supplier shall not be liable for any non-delivery of Goods (even if caused by the Com- pany’s Supplier's negligence) unless the Buyer Customer gives written notice to the Company Supplier of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 11.3. Any liability of the Company Supplier for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract contract rate against any invoice raised for such GoodsGoods at the Supplier’s discretion.

Non Delivery. 5.1 The quantity of any consignment of Goods as recorded by the Company on upon dispatch from the Company’s place of business warehouse or the warehouses used by the Company shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Com- panyCompany’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 five days of the date when the Goods would in the ordinary course of events have been received. 5.3 Any liability of the Company for non-delivery nondelivery of the 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.