4. Delay in Delivery

  1. If any of the Articles is not delivered within the time or times specified in the Contract or in any order issued under the Contract, AGPLUS may, without prejudice to any other rights and remedies of AGPLUS, terminate the Contract by notice to the Contractor either in respect of any of the Articles which has not been delivered in accordance with the Contract at the time of such termination, or in respect of all of the Articles.
  2. Where AGPLUS has terminated the Contract under Clause (1) of this Condition, AGPLUS may, without prejudice to any other rights and remedies of AGPLUS:
    1. replace any or all of the Articles in relation to which the Contract has been so terminated by purchasing or manufacturing other items of the same or similar description, or by allocating other items of the same or similar description in the possession or control of AGPLUS to the purposes for which those of the Articles so replaced are required; and
    2. recover from the Contractor the amount by which the aggregate of the cost of purchasing and of manufacturing such other items and of the value of such allocated items exceeds the amount which would have been payable to the Contractor in respect of those of the Articles so replaced if they had been delivered in accordance with the Contract.

5. Loss of or Damage to the Articles

  1. The Contractor shall be responsible for the Articles and any materials, equipment, fittings or other things acquired or allocated by the Contractor for incorporation therein until delivery of the Articles has been made in accordance with Condition 3 and shall make good any loss of or damage to the Articles or any such materials, equipment, fittings or other things however caused that may occur before such delivery.
  2. Clause (1) of this Condition shall apply even though:
    1. any or all of the Articles may have been inspected in accordance with the Contract; and/or
    2. the property in any or all of the Articles may, in accordance with the terms of the Contract, have passed from the Contractor to AGPLUS or its agent before delivery thereof.
  3. (3) Unless otherwise specified in the Contract, the Contractor shall not be responsible for the Articles after delivery thereof, except that, if any one or more of the Articles is rejected by AGPLUS under Condition 8 after delivery thereof by the Contractor to AGPLUS, the Contractor shall become responsible in all respects for such rejected one or more of the Articles upon:
    1. the Contractor removing the same in accordance with Clause (3) of Condition 8;
    2. AGPLUS returning the same to the Contractor in accordance with Clause (4) of Condition 8; or
    3. if the Contractor fails to remove the same as aforesaid, or if AGPLUS does not return the same as aforesaid, the expiry of the period of eight (8) working days after the date on which AGPLUS has notified the Contractor of such rejection.