Delivery & Returns

Delivery and Performance

Delivery of the Goods shall be made by the Supplier delivering the Goods to the place specified in the Quotation / Accepted Order.

Time for Delivery shall not be of the essence unless previously agreed by the Supplier in writing.

If the Customer fails to take delivery of the Goods or any part of them on Delivery and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered, the Supplier shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 of these Conditions risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.

With effect from the Commencement Date the Supplier shall, in consideration of the amount(s) being paid in accordance with the Quotation /Accepted Order will provide the services expressly identified in the schedule or otherwise agreed under this agreement.

Non-Delivery of Goods and Services

If the Supplier fails to deliver the Goods or Services and any of them on the Delivery Date other than for reasons outside the Supplier’s reasonable control or the Customer’s or its carrier’s fault:-

If the Supplier delivers the Goods and Services at any time thereafter the Supplier shall have no liability in respect of such late delivery;

If the Customer gives written notice to the Supplier within 10 business days after the Delivery Date and the Supplier fails to deliver the Goods and Services within 10 Business Days after receiving such notice the Customer may cancel the order and the Supplier’s liability shall be limited to the excess (if any) of the cost of the Customer (in the cheapest available market) of similar goods to those not delivered over the price of the Goods not delivered.

Returns

Due to the bespoke nature of the product, no order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

Please be aware that modulo manufacture custom-made, specialised seating and associated accessories therefore all modulo products are non-cancellable from point of order, non-returnable and non-refundable unless received in faulty condition.