1.) All goods shall be packed in suitable containers for protection in shipment and storage. No special charges for packing or crating shall be made unless specifically listed as an additional and separate charge on Seller’s quotation or acceptance of Buyer’s order.
2.) Subject to Seller’s right of stoppage in transit, delivery of the Products to a carrier shall constitute delivery to Buyer, and risk of loss shall thereupon pass to Buyer; however, title shall remain in Seller until Buyer makes payment in full under contract. Products invoiced and held by Seller for any reason shall be at Buyer’s risk and expense. Delivery route shall be the election of Seller unless specifically designated by Buyer.
3.) Delivery of any installment of Products within 30 days after the date specified therefor shall constitute a timely delivery. Thereafter, delivery shall be deemed timely unless prior to shipment Seller has received written notice of cancellation. Delivery of a quantity which does not vary by more than 10% from the quantity specified therefor shall constitute full performance of such delivery. Delay in delivery of one installment shall entitle Buyer to cancel that installment only.
4.) Should delivery of all or part of the Products specified herein (or any other obligation of Seller) be delayed by events beyond Seller’s control, Seller’s time for performance shall be extended by the period of delay, or Seller may, at its option, cancel this contract without liability, Buyer remaining liable for shipments already made. Sellers shall not be liable for any delays in or failures of delivery due to acts of God or public authority, labor disturbances, accidents, fires, floods, extreme weather conditions, failures of and delays by carriers, shortages of material, delays of a supplier due to causes beyond its control.
5.) Buyer is deemed to have accepted the Products unless notice of rejection is given within a reasonable time, which is agreed to be within seven (7) days after receipt. Buyer waives any right to revoke acceptance thereafter.
6.) No return of Products will be accepted by Seller without a return materials authorization number (RMA#), which will be issued in Seller’s sole discretion. Returned Products must be in original shipping cartons, and must be freight prepaid. In the event any goods are proved to be other than as warranted, trans- portation costs to and from Seller’s plant will be borne by Seller and reimbursement or credit will be made for amounts so expended by Buyer. Notice of defective Products must be made within seven (7) calendar days of receipt. A complete description regarding the nature of the defect must be included with all returned Products. All items not eligible for credit will be returned to Buyer, transportation collect.