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All purchases shall be FOB Destination for the Buyer’s distribution centers in the continental United States. Buyer shall not require the Seller to engage in any drop shipments of the Products. Shipments shall be made by regular courier unless Buyer, in writing, so requests special delivery in which case Buyer shall be responsible for the costs of such special delivery.
Unless otherwise agreed in writing by Company, all Products will be delivered EXW (Ex Works) Company’s designated delivery point, in accordance with Incoterms 2000. The responsibility of the Company for all shipments ceases upon delivery of Products in good order to designated delivery point. Company may ship the Products in one or more lots; such lots may be separately invoiced and shall be paid for when due per invoice, without regard to subsequent deliveries. Shipment dates are estimates only and indicate the date the Product is scheduled to ship from Company’s factory. No contract has been made to ship in a specified time and any “time is of the essence” clause or language and claims for backcharges are specifically rejected. Delay in the delivery of Products hereunder shall not relieve Buyer of its obligation to accept and pay for Products under any other agreement or purchase order. If delivery as originally scheduled is delayed by Buyer, Company may invoice Buyer and store the Products at Buyer’s expense.