1.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
1.2 AKYU Malaysia has the right at its sole discretion to sub-contract all or any of its obligations for the delivery of the Goods to any third party as it may from time to time deem fit without giving notice to the Buyer.
1.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and AKYU Malaysia shall not be liable for any delay in delivery or performance howsoever caused.
1.4 If AKYU Malaysia fails to deliver the Goods within a reasonable time, taking into consideration also the dates quoted for delivery, the Buyer shall be entitled to serve a written notice to demand performance by AKYU Malaysia within a reasonable specified time which is not less than ten (10) business days. If AKYU Malaysia fails to perform within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and the payment for the undelivered Goods shall be refunded to the Buyer.
1.5 If the Buyer fails to take delivery of the Goods (except when such failure to take delivery is due to reasons beyond the Buyer’s reasonable control or by reason of AKYU Malaysia’s fault) then without prejudice to any other rights or remedy which may be available to AKYU Malaysia, AKYU Malaysia may:
1.5.1 sell the Goods at the best price readily available to any third party and charge the Buyer for the shortfall between the price under the Contract; or
1.5.2 terminate the Contract and claim damages.