Delivery of Goods

1. At East 33’s sole discretion delivery of the Goods shall take place when:
1. The Buyer takes possession of the Goods at East 33’s address;
2. The Buyer takes possession of the Goods at the Buyer’s nominated address (in the event that the Goods are delivered by East 33 or East 33’s nominated carrier);
3. The Buyer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed the Buyer’s agent;
2. The failure of East 33 to deliver the Goods shall not entitle either party to treat this agreement as repudiated.
3. East 33 shall not be liable for any loss or damage whatsoever due to failure by East 33 to deliver the Goods (in full or in part) promptly or at all.
4. The Buyer shall identify and provide a written report, within 24 hours of acceptance on delivery, any claim for any spoiled or damaged Goods or shortage in quantity. East 33 reserves the right to inspect and determine to what extent and how the claim, if accepted, will be remedied. If the Buyer fails to comply with these provisions the Goods shall be presumed to be free from defect and compliant with the Delivery Docket/Invoice.

Force Majeure

East 33 shall not be responsible for cancellation or delay in delivery or performance resulting from causes beyond its reasonable control, including, but not limited to: acts of God; strikes or other labour disturbances; equipment failure; delays in transportation; inability to obtain fuel, material or parts; war; acts of terrorism; riot; epidemics; floods; fires; unusually severe weather conditions; accidents; or other contingencies the non-occurrence of which was a basic assumption on which the purchase order was made.