Determination of the manner of shipping and of the carrier used shall be made by PEPperPRINT unless Customer otherwise instructs PEPperPRINT. Shipping and handling costs are prepaid and added to the invoice. Shipping conditions are Ex Works (EXW).
Without prejudice to the passing of property in and title to the goods, delivery of the goods shall take place when the goods are delivered by PEPperPRINT into the possession of the carrier at which point risk in the goods shall pass.
The goods must be examined and signed for by Customer at the time of passing to Customer‘s possession or control or at the earliest opportunity thereafter. PEPperPRINT shall assist Customer in pursuing any claim made against the carrier. No claims by Customer in respect of damage to, shortage or loss of some or all of the goods in transit prior to delivery shall be made unless notice in writing of such damage, shortage or loss on delivery is given to PEPperPRINT and the carrier within 3 days of their arrival at Customer‘s premises or eventual place where Customer takes control or possession of the goods as stipulated in the order. Customer accepts that this allows a reasonable period to allow such inspection.
Any time or date for delivery given by PEPperPRINT to Customer is Seller‘s estimate of the date on which the goods will be delivered to Customer, and PEPperPRINT will make every reasonable endeavour to meet such delivery date, but time shall not be of the essence with regard to delivery at such time or date. PEPperPRINT shall not be liable (in contract, delict, tort or otherwise howsoever) in respect of any liability, loss, expense, claim or damage incurred by Customer arising from any reasonable delay in delivery of the goods or any part thereof or any delay due to circumstances beyond Seller‘s control (as described in condition 9.2) and in no event shall PEPperPRINT be so liable for any special, indirect, consequential damage or economic loss including, without prejudice to the foregoing generality, loss of profit, arising from any delay in delivery, howsoever caused.
PEPperPRINT shall be entitled to deliver the goods by instalments and in such case each instalment shall constitute a separate contract. Any failure in delivery of any one or more instalments shall not entitle Customer to repudiate the contract for the supply of a series of instalments as a whole or to cancel any subsequent instalment. In times of shortage of availability of the goods, PEPperPRINT shall be entitled to allocate supplies as it sees fit without being in breach of the contract or incurring liability hereunder to Customer