Shipping policy

5. Delivery

5.1 Delivery shall take place by such method as Busch Systems in its sole discretion decides, to the location specified by the Customer (the “Delivery Destination”), on or as close to the Delivery Date as is reasonably practicable for Busch Systems to determine in its sole discretion in the circumstances. For the avoidance of doubt, the Delivery Date is approximate only, and unless otherwise expressly agreed in writing by Busch Systems, time is not of the essence for delivery.

5.2 No delay in the delivery of the Goods shall affect the price of the Goods or entitle the Customer to reject any delivery or any further instalment or part of the order or any other order from the Customer or to repudiate the Contract or the order.

5.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licenses, consents or authorizations required to enable the Goods to be delivered on that date, Busch Systems shall be entitled to store or arrange for the storage of the Goods and upon informing the Customer of same risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to Busch Systems all costs and expenses including storage and insurance charges arising from such failure.

5.4 Busch Systems shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs damages, charges or expenses caused directly or indirectly by a delay in the delivery of the Goods (even if caused by Busch Systems’ negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds three hundred and sixty-six (366) days.