Delivery of the goods purchased by you shall be made to the address specified by you in your order. HelloXpress has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the said goods to any other party as it may from time to time decide without giving notice of the same to you. Delivery of any such goods purchased by you shall only be made to a Malaysian address.
Any dates quoted for delivery of the said goods are approximate only. The time for delivery/performance shall not be of the essence, and HelloXpress shall not be liable for any delay in delivery or performance howsoever caused.
If HelloXpress fails to deliver the said goods in accordance with the specified time or within a reasonable time, you shall be entitled, by serving written notice on HelloXpress, to demand performance within a specified time thereafter, which shall be at least 14 business days. If HelloXpress fails to do so within the specified time of not less than 14 business days, you shall be entitled to terminate your purchase in respect of the undelivered goods and claim compensation for actual loss and expense sustained as a result of HelloXpress's non-performance, which was foreseeable at the time of conclusion of the purchase/order and resulting from the usual course of events, subject always to the limitations set out in Paragraph 10.
If you fail to take delivery of the said goods (otherwise than by reason due to HelloXpress's fault) then without prejudice to any other right or remedy available to HelloXpress, HelloXpress may:
(a) sell the said goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess (if any) over the price paid by you to HelloXpress provided the price has been paid to and received by HelloXpress in cleared funds in full or charge to you any shortfall below the price paid by you to HelloXpress; or
(b) terminate your order and claim damages from you.