Delivery

2.1 Delivery times-dates named-accepted by Pacific Lifestyle are given in good faith but are an estimate only. Time of delivery of Goods is not of the essence. Pacific Lifestyle shall not be liable for any loss (including without limit loss of profit), costs, damages, charges or expenses caused directly or indirectly by failure (for any reason) to meet the delivery time-date stated-agreed (even if caused by Pacific Lifestyle’s own negligence), further, the Buyer shall have no right to cancel the Contract in the event of such a failure.

2.2 Goods will be delivered as stated in Pacific Lifestyle’s quotation or acknowledgement of order or as agreed by Pacific Lifestyle. Delivery shall be deemed to take place when the Goods arrive at the place stated in Pacific Lifestyle’s acknowledgement of order or if one is not issued at such place as is agreed by Pacific Lifestyle except that delivery to a carrier for the purpose of transmission to the Buyer shall be deemed to be delivery to the Buyer.
Section 32(2) of the Sale of Goods Act 1979 shall not apply. The Buyer shall pay the delivery costs (as set out in Pacific Lifestyle’s published trade price list current at the time of delivery) when it is due to pay for the Goods.

2.3 Pacific Lifestyle may deliver Goods in instalments in any sequence. Deliveries of further instalments may be withheld until the Goods comprised in earlier instalments have been paid for in full. Default by Pacific Lifestyle in respect of one or more instalments shall not entitle the Buyer to terminate the relevant Contract as a whole.

2.4 If: the Buyer fails or refuses to accept delivery of any Goods when they are ready for delivery in accordance with the relevant Order; or Pacific Lifestyle agrees (at its sole discretion) to postpone delivery of the Goods at the request of the Buyer; or the Buyer fails to provide any instructions consents or authorisations required to enable the goods to be delivered on the due date, then risk in the Goods shall pass to the Buyer, delivery of the Goods shall be deemed to have taken place.

2.5 If Pacific Lifestyle agrees to permit the Buyer to collect the Goods from Pacific Lifestyle’s place of business then delivery shall be deemed to take place when Pacific Lifestyle notifies the Buyer that the Goods are ready for collection and unless otherwise agreed in writing by Pacific Lifestyle it is a condition of the Contract that the Buyer will collect the Goods within 7 days of such notice.

2.6 Upon delivery to the Buyer, all Goods should be examined. Pacific Lifestyle shall not be liable for any shortages in, or non-delivery of, Goods unless the same is notified by the Buyer to Pacific Lifestyle (together with all specific details) in writing within 14 days of the actual or anticipated date of delivery (as relevant). Subject to such notice being provided Pacific Lifestyle shall, if it is satisfied that any Goods have not been delivered and the cause thereof being beyond the reasonable control of Pacific Lifestyle, at its sole discretion, either arrange for delivery as soon as reasonably possible or give credit to the Buyer for such Goods. Shortages in, or non-delivery of some of the Goods shall not affect the Contract in respect of the other or other parts of the Goods.