Loading Delivery: Buyer's purchase order must specify the preferred carrier, otherwise the order will be transported in the best way in post-paid condition by Buyer. Delivery of products to a carrier at Seller's loading point shall constitute delivery. Ownership of the goods purchased hereunder, as well as the risk of loss, in domestic sales shall pass to Buyer at Seller's loading point. And in international sales shall pass to Buyer upon entry into international waters, space or lands. The Buyer may make claims for loss or damage to the goods during transit against the carrier. Additional costs will be incurred by the Buyer for special processing for export orders and unloading outside Brazil. Seller will not perform any unloading to Buyer's customers unless Seller, in its sole discretion, deems it necessary. The loading date(s) designated by Seller represent a reasonable estimate of the time required to manufacture the products covered by an order commencing with the date of acceptance of the order by Seller. Such dates do not represent a promise by Seller to load or deliver the products on such dates unless expressly agreed in writing. Products may be offered in partial shipments at Seller's discretion. If Seller determines that it is necessary to modify the design or specifications of the products, the loading date will be extended by the period necessary to reach agreement on the design modifications, specifications, or terms of sale.
Delivery Delay: All delivery dates are approximate. Seller shall not be liable for any loss or damage resulting from any delay or failure in delivery arising out of Buyer's actions, acts of God or force majeure, including without limitation, fires, floods, accidents, strikes, slowdowns, wars, embargoes, priorities, government orders or restrictions, transportation delays, equipment failure, delays by any material or parts supplier, inability to obtain necessary labor, or other causes beyond Seller's control. If any such delays occur, the delivery date shall be extended by the period equivalent to the time lost by reason of such delay. If an event of Buyer's action, acts of God or force majeure prevents or delays, for a period exceeding 6 months, Seller's performance under an order accepted by Seller, either party may terminate, without penalty, the order accepted by Seller and adversely affected by such event, by giving written notice of such decision to the other party.
Insurance, Damage in Transit and Inspection: Under no circumstances will Buyer be included as co-insured on Seller's policies. The party responsible for paying the main carrier will provide full cargo insurance cover. Within 15 days of receipt of delivery of the goods, Buyer will inspect them, conduct any acceptance tests on them and notify Seller of any shortage, damage or discrepancy and provide such written evidence or other documentation as Seller may deem appropriate. Any products not rejected by Buyer by written notice to Seller or products used in the ordinary course of Buyer's business or for the generation of profit or revenue during such period shall be deemed accepted.
Specialized equipment and packaging: the Buyer shall pay or reimburse the Seller for the costs of specialized packaging and any cost assessed for the use of specialized equipment, for the shipment of the products.
Weights and Dimensions: The weights and dimensions listed are carefully estimated, but are not guaranteed.
