Delivery, Claims, Delays—All sales are F.O.B. Seller’s shipping point for shipments made in the United States and FCA Seller’s Loading Dock (INCO 2000) for all other shipments, unless otherwise agreed in writing by the parties. Buyer shall be responsible for shipping, handling, insurance, and other similar costs. Delivery of the goods to the carrier at Seller’s shipping point shall constitute delivery to Buyer and Buyer shall bear all risk of loss or damage in transit. Seller reserves the right to determine the exact method of shipment and the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of Buyer’s obligations to accept remaining deliveries.
Immediately upon Buyer’s receipt of any goods shipped hereunder, Buyer shall inspect the same and shall
notify Seller in writing of any claims for shortages, defects, or damages and shall hold the goods for Seller’s
written instructions concerning disposition. If Buyer shall fail to so notify Seller within five days after the goods
have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions
hereof and to have been irrevocably accepted by the Buyer.
Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture,
deliver, or otherwise perform hereunder due to any cause beyond Seller’s reasonable control, including, without
limitation, unsuccessful reactions, acts of Buyer, embargo or other governmental act, regulation or request
affecting the conduct of Seller’s business, fire, explosion, recall, accident, theft, vandalism, riot, acts of war,
strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or
inability to obtain necessary labor, fuel, materials, supplies or power at current prices.