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5. Delivery
(1) Time is not of essence of contract and any time or date specified by Seller as time at which or date on which goods will be despatched or delivered or as case may be made available for collections is given and intended as an estimate only and Seller shall not be liable for any loss, damage or expense howsoever arising from delay in delivery.(2) Buyer shall at request of Seller supply Seller with details necessary to allow Seller to make delivery and shall accept delivery whenever Seller proffers delivery. If Buyer does not comply with foregoing it shall not be entitled to withhold any payment and shall indemnify Seller against any consequential loss, damage or expense and Seller may enforce its remedies for payment and may (if it so wishes) cancel intended delivery and sell goods to which such intended delivery related without prejudice to its right to claim damages in respect of such breach of contract or may store goods at Buyer's risk in a place of its choosing at the cost of Buyer and delivery by Seller of deposit receipt or other evidence of storage to Buyer shall be deemed to be delivery of goods.(3) Seller reserves right to make delivery in installments unless otherwise expressly provided in contract. Period during which delivery by installment may be made and quantity of goods delivered in each installment shall be at Seller's discretion.(4) Notwithstanding any express agreement as to date of delivery Seller shall be entitled to postpone or cancel delivery in whole or in part when it is delayed in or prevented from making or obtaining any goods or materials or part or components or services therefore or making delivery thereof by strikes, lockouts, trade disputes or labour troubles or any cause beyond Seller's control including, but without limitation. Act of God, act of Buyer or its agents, embargo or other governmental act, regulation or request, fire accident, war, riot, delay in transportation, inability to obtain adequate labour, materials or manufacturing facilities. During any of foregoing events Seller's obligations shall be suspended until such events cease or until Seller cancels delivery (as case may be) and Seller shall not be required to obtain elsewhere in the market goods with which to replace goods delivery of which has been postponed or cancelled as a result of any of said events. In event of cancellation by Seller under this sub clause Seller shall be paid pro rata for goods delivered or work done to date of cancellation.
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