1. DELIVERY OF GOODS

 

1.1. Hollywood Monster shall ensure that:

1.1.1. each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and

1.1.2. if Hollywood Monster requires the Customer to return any packaging material to Hollywood Monster, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Hollywood Monster shall reasonably request. Returns of packaging materials shall be at Hollywood Monster's expense.

 

1.2. If the Contract includes delivery by Hollywood Monster, then Hollywood Monster shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Hollywood Monster notifies the Customer that the Goods are ready.

 

1.3. If the Contract does not include delivery by Hollywood Monster, then the Customer shall collect the Goods from Hollywood Monster's premises at The Studios, Redfern Park Way, Tyseley, Birmingham or such other location as may be advised by Hollywood Monster before delivery (Delivery Location) within three Business Days of Hollywood Monster notifying the Customer that the Goods are ready.

 

1.4. Delivery of the Goods shall be completed:

1.4.1. in the case of delivery under clause 4.2, on the arrival of the Goods at the Delivery Location; or

1.4.2. in the case of delivery under clause 4.3, on the completion of loading at the Delivery Location.

 

1.5. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Hollywood Monster shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Hollywood Monster with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

 

1.6. If Hollywood Monster fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Hollywood Monster shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide Hollywood Monster with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.

 

1.7. If the Customer fails to accept or take delivery of the Goods within 5 Business Days of Hollywood Monster notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Hollywood Monster's failure to comply with its obligations under the Contract in respect of the Goods:

1.7.1. delivery of the Goods shall be deemed to have been completed at 9.00 am on the 6th Business Day following the day on which Hollywood Monster notified the Customer that the Goods were ready; and

1.7.2. Hollywood Monster shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

 

1.8. If 40 Business Days after Hollywood Monster notified the Customer that the Goods were ready for delivery the Customer has not accepted or taken delivery of them, without prejudice to any other right or remedy of Hollywood Monster, Hollywood Monster may resell or otherwise dispose of part or all of the Goods.

 

1.9. Hollywood Monster may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

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