Shipping policy
SHIPMENTS, FREIGHT AND DELIVERY. All prices are F.O.B. point of shipment. Special packing, shipping and transportation charges resulting from compliance with Buyer’s request with respect to the use of any agency or method of transportation other than that which would otherwise have been designated by Seller shall be paid by Buyer. Seller's placement of the purchased goods at the point of shipment, in thepossession of a trucking company, railroad company or other common carrier or on Buyer's vehicle shall constitute delivery to the Buyer, and thereafter Buyer shall bear all expense and risk of loss.
DEFAULT OR DELAYS. Seller shall not be liable for any default or delay in the production or delivery of any goods when such default or delay results either directly or indirectly from: (a) accidents to, or breakdowns or mechanical failure of, Seller's plant machinery or equipment; strikes or other labor activities or labor shortages; fire; flood; wars; acts of the public enemy; acts of God; delays by any supplier; delays in transportation or lack of transportation facilities; embargoes; shortages of, or reductions in, energy sources; priorities, allocations, limitations, restrictions or other acts required or requested by Federal, state or local governments, or any subdivision, bureau or agency thereof; or (b) any other cause beyond the control of Seller. SELLER SHALL NOT BE LIABLE FOR ANY LOSS, COST, PENALTY OR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OF ANY KIND OCCASIONED BY OR ARISING OR RESULTING FROM ANY DEFAULT OR DELAY IN DELIVERY BYSELLER, WHETHER OR NOT SAID LOSS, COST, PENALTY OR DAMAGE WAS REASONABLY FORESEEABLE.