Delivery & Shipment
Seller's normal shipment terms are FOB Seller's facility, but unless otherwise agreed, Seller will arrange for transportation and insurance for the buyer and include the costs as additional items on the invoice. As of January 2008, insurance is typically about one-half percent (0.5%), but Seller will charge the actual rate; freight charges will be as established by the carrier for the delivery appropriate to the Buyer's order. Notwithstanding Seller's arranging for transportation and insurance, risk of loss of or damage to the goods transfers to Buyer when the carrier receives the goods from Seller. Choice of carrier and shipping method and route shall be at the election of Seller unless specifically designated by the Buyer. Despite specific selection of preferred carrier(s) by Buyer, Seller may elect to choose a different carrier for reasons of reliability or access to specific geographic zones or for any other reasonable business grounds. Seller shall not be liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, which causes shall include without limitation, acts of God, acts or omissions of Buyer or civil or military authorities, fire, strikes, epidemics, quarantine restriction, floods, earthquakes, riot, war, delays in transportation or inability to obtain necessary labor materials or supplies ("DELAY"). In the event of any such DELAY, the contractual date of delivery, if any, shall be extended for a period equal to the time lost as a consequence of such delay without penalty to the Seller. Seller shall be entitled to refuse or delay shipments for failure by Buyer to pay promptly any payments due Seller, whether on this or any other contract between Seller and Buyer. Seller shall have the right to deliver all goods covered hereby at one time or in portions from time to time within the time for delivery provided in such order, subject to the terms of this paragraph.