(i) Unless otherwise agreed in writing with Seller, the Goods shall be delivered by a carrier nominated by Seller ("the Nominated Carrier") and the Price shall be paid by the buyer from the US warehouse up to the address of the buyer.

(ii)Delivery of the Goods:

(a)by the Designated Carrier to the delivery point specified by the Buyer, in which case risk of damage or loss of the Goods shall pass to Buyer at the time of delivery or if Buyer mistakenly does not take delivery of the Goods at the time when Seller offers the Goods for delivery

(b) by holding the Goods ready for collection by Buyer, in which case risk of damage to or loss of the Goods shall pass to Buyer at such time as Seller notifies Buyer that the Goods are ready for collection, which shall include delivery to Buyer. The Seller shall not be responsible for ensuring the Goods after delivery.

(iii) Stated delivery dates are approximate only and Seller shall not be liable to Buyer for any direct or indirect or consequential damages which shall include but not be limited to pure economic loss, loss of profit, lost business, loss of goodwill, and similar losses, on any account whatsoever (including arising from negligence) due to delay in delivery.

(iv) Seller shall be entitled to make partial deliveries and to invoice Buyer for each partial delivery. Seller's failure to make one or more partial deliveries or a claim by Buyer in respect of one or more partial deliveries shall not entitle Buyer to treat the Order as canceled.

(v) If Seller fails to deliver the Goods and subject to the provisions of clause 3 (iii), Seller shall be liable to Buyer in respect thereof. The Seller's liability shall be limited to Buyer's higher cost (if any) (in the cheapest available market) for similar
goods to replace the undelivered goods in excess of the price of the Goods

(vi)If the Buyer fails to take delivery of the Goods and subject to all other rights and remedies of the Seller, the

Seller may:

(a) store the Goods and charge Buyer for all reasonable costs incurred in doing so, including the full cost of insurance involved; or (b) store the Goods and charge Buyer for the full cost of insurance.

(b) sell the Goods at the best price obtainable, in which case Buyer shall pay Seller the outstanding amount of the Price less any monies already received.

(vii) Deficiencies or errors in the delivery of the Goods shall be reported to Seller and the Designated Carrier within 7 days after the date of delivery or - if the delivery is not made - the date of delivery.

Notification to Seller shall be in writing (letter, fax, or e-mail).