Unless otherwise agreed in Writing by the Company delivery shall be deemed to take place in the case of ex works sales when the products are made available by the Company for collection by the Customer or its carrier and in all other cases upon delivery by the Company to the agreed mainland UK delivery point airport or port but before the Products are unloaded, which shall be the responsibility of the Customer.

The Company shall not be obliged to make delivery unless and until the Company has received all necessary information drawings final instructions and approvals from the Customer and any delays or alterations by the Customer may result in delayed delivery for which the Company shall not be responsible.

All dates and periods for delivery are estimated and do not constitute fixed times for delivery by the Company. Unless otherwise expressly agreed in Writing by the Company the Customer shall have no right to damages or to cancel the contract for failure arising from any cause to meet any delivery times given in the contract or subsequently set.

Notwithstanding clause 3.3 the Customer shall be obliged to accept delivery on the date or within the period stated in the quotation or order acknowledgement or (if none is so stated) in the order of (if none is so stated) one month after the issue or notice in writing by the Company requiring the Customer to accept delivery. Failure by the Customer either to take delivery or to make payment in respect of any one or more instalments of Products shall entitle the Company to terminate the Contract, (such right is without prejudice to any other rights and remedies available to the Company) whether expressly provided for in these Conditions or implied by any rule of law.

Where the Customer requests and the Company agrees to postpone delivery or where delivery is otherwise postponed without default by the Company the Customer shall pay upon receipt of written demand from the Company all costs and expenses including a reasonable charge for storage and transportation occasioned thereby and the Customer shall pay for the Products in accordance with these conditions as if the same had been delivered in the ordinary course without reference to the postponement. In addition, the Company shall be entitled to claim interest pursuant to Clause 7.3.2 of these Conditions from the date on which payment would have fallen due had the Products been delivered in the ordinary course but for the postponement.

Unless otherwise expressly agreed in Writing the Company may effect delivery in one or more instalments. Where delivery is effected by instalments each instalment shall be treated as a separate contract governed by these conditions. No delay in the delivery of any instalment of Products or any defect therein shall entitle the Customer to terminate the remainder of the contract.

Risk of damage to or loss of the Products shall pass to the Customer upon delivery and the Customer is then solely responsible for all loss damage or deterioration to the Products.

Title to the Products shall not pass to the Customer until either:-

when the Company serves on the Customer notice in Writing specifying that title in the Products or any part thereof has passed.

Until title has passed to the Customer the Company may require the Customer to deliver up to the Company all Products in respect of which the Company has title and if the Customer fails to do so forthwith the Company's officers, employees, representatives or agents shall be entitled to enter upon any premises where such Products are kept for the purpose of recovering the same.

Until title to the Products has passed to the Customer pursuant to these conditions it shall possess the Products as fiduciary agent and bailee of the Company and shall store the Products separately from other goods not owned by the Company and shall ensure that they are fully insured on an all risks basis and clearly identifiable as belonging to the Company and the Company shall be entitled to enter upon any premises where such Products are kept for the purpose of satisfying itself that this condition is being complied with by the Customer.

In the event that the Customer has any contract with any other company under the ultimate control of the parent company that has ultimate control of the Company under which any monies are outstanding (whether or not due), then the Company shall not (notwithstanding that title would otherwise pass pursuant to clause 4.2 above) obtain title to the Products or other goods supplied by the Company under this or any other contracts between them until such other company has received in cash or cleared funds all such monies.