Shipping Policy

DELIVERY, TITLE PASSAGE AND INSURANCE: (a) Delivery. Delivery or shipping dates, if any, set forth herein are approximate only and merely represent Seller’s best estimate of the time required to make delivery or shipment. Time is not of the essence with respect to any transaction subject to the Terms and Conditions, except with respect to Buyer’s obligation to pay the price(s) and make all related payments. Seller will not be liable for any loss or expense (incidental, consequential or otherwise) incurred by Buyer as a result of any delay in delivery for any reason other than arbitrary refusal by Seller to perform. Seller reserves the right to make partial deliveries. (b) Title Passage for Domestic Sales. Except as otherwise expressly stated in the Terms and Conditions, if the ultimate destination of products sold hereunder is in the United States, Canada or Mexico, delivery will be complete upon delivery to a carrier at Seller’s plant. The carrier may be selected by Buyer at its option, and otherwise will be selected by Seller. Shipment will be freight collect unless Seller elects to prepay freight and add it to the invoice, and will be addressed to Buyer or Buyer’s designee at the address Buyer sets forth or requests. Large products will be shipped via truck. Service parts will be packed in Seller’s standard shipping packages and normally shipped via truck or small package delivery service such as UPS, FED-EX Ground, etc. In all cases, title and risk of loss or damage will pass to Buyer upon Seller’s delivery of the products to the carrier for shipment to Buyer, and no loss or damage will relieve Buyer of any obligation hereunder, including, without limitation, the obligation to pay the full price of the lost or damaged products. If shipment of any goods is delayed at Buyer’s request, Seller may invoice Buyer for such goods, and risk of loss of such goods will pass to Buyer, on the date that Seller is prepared to make shipment to Buyer. Buyer shall reimburse Seller for any and all costs of storage incurred by Seller after the date that Seller is prepared to make shipment. (c) Title Passage for Export Sales. Except as otherwise expressly stated in the Terms and Conditions or by written agreement signed by Seller, if the ultimate destination of products sold hereunder is outside the United States, Canada and Mexico, delivery will be ex works (Seller’s plant), as defined in Incoterms 2000. Shipment will be via a carrier selected by Buyer at its option, otherwise via a carrier selected by Seller, freight collect or (at Seller’s option) prepaid and added to invoice, to Buyer at its preferred or directed address, and will be packed in Seller’s standard shipping packages. In all such cases, title and risk of loss or damage will pass to Buyer on delivery of the products to the carrier. No loss or damage will relieve Buyer of any obligation hereunder, including payment for lost or damaged products. All risks of transportation are for the account of Buyer. The products sold are subject to export control laws of the United States, and Buyer agrees not to re-sell or divert the products contrary to such laws. Buyer must obtain necessary export documentation from the United States government before the products leave the United States.