BCS Page 2
(b) Yorkshire Water or the Agent shall store the Goods until delivery takes place.
4.6 The Agent may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
5.1 Yorkshire Water warrants that on delivery the Goods shall conform in all material respects with the Specification and any law applicable to the Goods.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing to the Agent or Yorkshire Water within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1; and
(b) Yorkshire Water or the Agent is given a reasonable opportunity of examining such Goods (if applicable);
Yorkshire Water shall, at its option, replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Yorkshire Water shall not be liable for Goods' failure to comply with the warranty set out in clause 5.1 in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Yorkshire Water's or Agent’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c) the Customer alters such Goods without the written consent of Yorkshire Water;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
The Customer is entirely responsible if the Goods are not spread correctly and in accordance with Yorkshire Water’s or the Agent’s instructions, or if the Goods are applied onto an area of land that has not been sampled and approved for use.
5.4 Except as provided in this clause 5, Yorkshire Water shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
- TITLE AND RISK
6.1 The risk in the Goods shall pass to the Customer on completion of delivery.
6.2 Title to the Goods shall not pass to the Customer until the Goods have been spread or utilised and the Agent has received payment in full (when the payment has cleared, using one of the payment methods described in clause 7.5) for the Goods.
6.3 Until the Goods are spread or utilised, the Customer must:
(a) store the Goods separately from all other goods held by the Customer;
(b) maintain the Goods in satisfactory condition and in accordance with any applicable law or instruction from Yorkshire Water or the Agent; and
(c) provide fencing around the Goods to prevent any livestock from accessing the Goods, ONLY if livestock are present in the specific field.
- PRICE AND PAYMENT
7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Agent's published price list in force as at the date of delivery.
7.2 Any sums payable by the Customer under these Conditions should be paid directly to the Agent and not to Yorkshire Water.
7.3 The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Agent, pay to the Agent such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
7.4 The Agent may invoice the Customer for the Goods on or at any time after the completion of delivery or instalment of delivery.
7.5 The Customer shall pay the invoice in full and in cleared funds within 30 Business Days of the date of the invoice. Payment shall be made to the bank account nominated by the Agent or by cheque to the Agent. Time of payment is of the essence.
7.6 If the Customer fails to make any payment due to the Agent under the Contract by the due date for payment (due date), then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England base rate from time to time.
7.7 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law.
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