Delivery, Title and Risk

1) CH 4 Africa shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. 
2) In the case of a Business Customer, if CH 4 Africa is unable to deliver the goods within 30 days of the agreed delivery date , the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to CH 4 Africa in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to CH 4 Africa after the above date but before delivery of the goods or notification from CH 4 Africa that the goods are ready for delivery. This Clause does not apply to Consumers.
3) In the case of Business Customers, CH 4 Africa does not accept liability for shortages or damage to deliveries unless the Customer notifies CH 4 Africa of the shortage or damage in writing within 48 hours of receipt of the delivery. 
4) Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
5) Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
6) Title in the goods does not pass to the Customer until payment is received in full by CH 4 Africa.
7) If the Customer cannot accept delivery, CH 4 Africa may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that CH 4 Africa may charge the Customer for the additional delivery costs incurred.
8) The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and CH 4 Africa shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
9) Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. CH 4 Africa shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.