Delivery and performance
6.1 The Goods shall be delivered by the Supplier, or its nominated carrier, to the Location on the date(s) specified in the Order.
6.2 The Goods shall be deemed delivered on completion of unloading only of the Goods at the Location by the Supplier or its nominated carrier (as the case may be).
6.3 The Services shall be performed by the Supplier at the Location on the date(s) specified in the Order.
6.4 The Services shall be deemed performed on confirmation of completion of the Acceptance Conditions by Hafod in writing.
6.5 The Goods shall not be delivered and the Services shall not be performed in instalments unless otherwise specified in the Order.
6.6 Each delivery of Goods or performance of the Services shall be accompanied by a delivery note stating:
6.6.1 the date of the Order;
6.6.2 the relevant Hafod and Supplier details;
6.6.3 if Goods, the product numbers and type and quantity of Goods in the delivery;
6.6.4 if Services, the category, type and quantity of Services performed;
6.6.5 any special instructions, handling and other requests;
6.6.6 in the case of Services, details of the Supplier Personnel performing the Services;
6.6.7 in the case of Goods, whether any packaging material is to be returned, in which case Hafod shall, after the Goods are unpacked, make them available for collection by the Supplier at the Supplier’s expense for a period not exceeding 5 Business Days; and
6.6.8 any additional information requested by Hafod as set out in the Order.
6.7 Time of delivery or performance (as the case may be) is of the essence. If the Supplier fails to deliver any of the Goods or perform any of the Services by the date specified in the Order, Hafod shall (without prejudice to its other rights and remedies) be entitled at Hafod’s sole discretion:
6.7.1 to terminate the Contract in whole or in part;
6.7.2 to purchase the same or similar Deliverables from another supplier;
6.7.3 to refuse to accept the delivery or performance (as the case may be) of any more Deliverables under the Contract;
6.7.4 to recover from the Supplier all costs and losses resulting to Hafod from the failure in performance or delivery (as the case may be), including the amount by which the price payable by Hafod to acquire those Deliverables from another supplier exceeds the price payable under the Contract and any loss of profit; and
6.7.5 all or any of the foregoing.
6.8 If Hafod is unable or opts not to accept delivery of the Goods on the date or within the period set out in the Order, the Supplier shall store and insure the Goods pending delivery for no longer than 5 Business Days, and Hafod shall pay reasonable storage charges.