The Goods properly packed and secured in such a manner as to reach their destination in good condition, shall be delivered by the Seller at or dispatched for delivery to the place or places and at the time and in the manner specified in the Order. Advice Notes will be supplied with the Goods. If the Goods or any portion thereof are not delivered within the time or times specified in the Order or any extension of such time or times agreed to by the Purchaser, the Purchaser shall be entitled to terminate the Order so far as it relates to the Goods undelivered as aforesaid and at the option of the Purchaser so far as it relates to any other Goods already delivered, which in the opinion of the Purchaser cannot be effectively and commercially used by reason of the non-delivery of the Goods undelivered as aforesaid.
On such termination the Purchaser shall return to the Seller, at the Seller’s risk and expense, any of the Goods already delivered which cannot be effectively and economically used as aforesaid, subject to the Seller prior thereto paying to the Purchaser any monies paid by the Purchaser in respect of such Goods and any additional expenditure incurred by the Purchaser in obtaining other Goods in replacement of those in respect of which the Order has been terminated whether delivered or not.
The risk of loss, damage or destruction will remain in the hands of the Seller until such time as the Purchaser gives written acceptance of the Goods as being in accordance with the Order.