Delivery shall take place on despatch from NDL's premises.
All delivery and performance times and dates are estimates only given in good faith but without obligation NDL shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the Goods or performance of the Services (even if caused by NDL's negligence). Time for delivery is not of the essence. If no dates are specified, delivery and/or performance will be within a reasonable time.
If the Buyer (1) requests that delivery be postponed or (2) refuses to accept delivery or (3) fails to give NDL adequate delivery instructions, then (a) risk of damage to or loss of the Goods will pass to the Buyer (including for loss or damage caused by NDL's negligence), (b) the Goods will be deemed to have been delivered, (c) NDL may store the Goods until actual delivery and charge the Buyer for all related costs including insurance for storage, (d) NDL may increase the price according to price lists applying at time of actual delivery and (e) NDL may sell the Goods at the best price readily obtainable and charge the Buyer for any shortfall below the price under the Contract.
NDL shall have no liability for non-delivery or short delivery unless notified by the Buyer in writing within two working days of due delivery date. If written notification is received NDL's liability for non-delivery or short delivery shall be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for the relevant Goods. If the Buyer does not notify NDL within this time limit, the Buyer shall be deemed to have received the Goods and shall be bound to pay the price as if the Goods had been delivered.