Clause 8 - Performance and Delivery: Deliveries are typically scheduled “Next-Day” with order placed by 3PM EST within the Detroit Commercial Freight Zone or as designated at time of order placement. Same-day shipments are possible with prior arrangements or sales commitments. Our standard shipping terms are FOB Seller’s facility (Ex Works for international shipments) per INCOTERMS 2010, unless otherwise agreed to in writing. Title shall transfer upon shipment of goods. Seller will use commercially reasonable efforts to insure on time delivery. In no event shall Buyer be entitled to liquidated damages as a remedy for any delay in delivery by Seller nor shall Seller be liable for any loss, damage or delay incurred by the Buyer or its customers arising from late or non-delivery of goods. Seller reserves the right to supply an order for goods in any number of installments. Buyer shall pay all insurance costs associated with delivery, and Buyer shall be responsible for filing and pursuing claims with carriers for loss or damage in transit. The Buyer waives any claim for shortage of any goods delivered if a claim in respect of short delivery has not been lodged with Seller within seven (7) days from the date of receipt of goods by the Buyer. Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not Seller is legally responsible for the person who caused or contributed to that loss or damage). Seller must provide the Buyer with such assistance as may be necessary to press claim on carriers so long as the Buyer (a) has notified Seller and the carriers in writing immediately after loss or damage is discovered on receipt of goods, and (b) lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the goods.
Clause 13 - Returns and Cancellations. Goods supplied pursuant to the Contract cannot be returned without Seller’s prior written authorization. Duly authorized returns: (a) shall be sent to Seller’s premises at the Buyer s expense; (b) may be subject to a handling charge of twenty percent (20%) of the invoiced value of the Goods, at Seller’s discretion; and (c) must be in the same condition as originally delivered to the Buyer. The Buyer may not, without the prior written consent of Seller, cancel an order, including, without limitation, any order for goods that involve special requirements of the Buyer, once the order has been accepted by Seller. Should Seller provide consent to cancel an order, the cancellation will be subject to a handling charge of twenty percent (20%) of the invoiced value of the Goods. There are no exchanges, discounts, or cancellations on all "Special Order" Goods (defined as Goods that are designed, produced, and/or manufactured to explicit specifications per Buyer’s request). Sales of all "Special Order" Goods are final at the time the order is placed.