Delivery is the date the goods are delivered by Indexss to the carrier for transport to the Customer, or where the transportation of the goods is postponed due to the Customer’s delay or request, the date on which Indexss notifies the Customer that the goods are ready to be transported to the Customer.
For export sales, the Customer must also comply with such other requirements as Indexss may request, including providing security in the form of the Customer’s irrevocable Letter of credit confirmed by a major international bank; and warrant that the sale transaction(s) complies with all applicable laws, including but not limited to, all import, export and exchange control regulations including but not limited to those applicable and currently in force in the destination where the Goods are being shipped to.
All shipment and transportation costs shall be paid by the Customer and if such costs are pre-paid by Indexss, the full amount shall be reimbursed by the Customer.
Indexss makes every effort to ship the goods or provide the services hereunder in accordance with the requested delivery date. However, Indexss shall not be liable for any failure or delay to deliver any Goods by the date specified in an order if the failure or delay results from a cause beyond Indexss’s control including, without limitation, act of God, act or omission of the Customer, act of raw material supplier, change in Governmental regulations, fire, flood, accident, strike or other labour trouble, breakdown of equipment, delay negligence or fault of carrier, inability to obtain shipping space or transportation. Additionally Indexss accepts no liability for any losses or for general, special or consequential damages arising out of delays in delivery.
Storage of Goods at the Customer’s request the Customer shall be subject to storage fees at the rate specified by Indexss as applicable thereto. However, Indexss will not store any Goods for longer than ninety (90) days.