5. Title to the Goods sold and risk of loss of such Goods passes to Buyer upon delivery by Seller
to carrier and any claims for losses or damage shall be made by Buyer directly with carrier.
Seller shall not be responsible for insuring shipments unless specifically requested by Buyer and
any insurance so requested shall be at Buyers expense.
6. Seller reserves the right to consider any order for Goods that are of standard manufacture
complete if the total shipment is within 10% of the total due. Orders for Goods that are of special
manufacture are subject to a 10% overrun or underrun with the understanding that buyer will be
billed for the quantity shipped. All Original Equipment orders are subject to a $1000 minimum
and Aftermarket orders are subject to a $100 minimum.
7. In the event of cancellation or alteration by Buyer, Buyer shall pay to Seller, promptly upon
receipt of an invoice, 15% of the remaining purchase price as partial liquidated damages, plus, in
the case of a special order all actual costs incurred by
Seller in connection with the unshipped portion of the order.
8. Non-defective standard Goods may be returned to Seller only upon written approval of Seller,
freight prepaid to point designated by Seller and subject to a minimum restocking charge of 15%
of the purchase price. Goods returned without the authorization of Seller will be refused and all
charges incident to such refusal, such as storage, redelivery, return freight, etc. will be borne by
Buyer.
9. Shipping dates, where stated, are approximate and not guaranteed. In no event shall Seller be
liable for non-performance or delay in performance of orders or in shipment of Goods or for any
damages suffered by Buyer as a result thereof, when such non-performance or delay is directly or
indirectly caused by, or in any manner arises from fires, floods, earthquakes, other acts of God,
accidents, riots, war, strikes, other labor difficulties, operation of law, government regulations or
requirements, fuel, transport or materials shortage, or any other cause or causes beyond Sellers
control, whether or not they are similar in nature to any of those specified above.
10. Prices stated are based on Sellers standard packaging. Seller reserves the right of packaging
the goods in pallets, bulk or individual cartons. Packaging shall be standard commercial
packaging and acceptable to commercial carrier. Special customer packaging will be furnished
and only when specified and so stated herein and the cost thereof shall be borne by Buyer.
11. Sellers duty to perform hereunder is expressly made conditional upon Sellers ability to obtain
from its usual supplier, products in quantity sufficient to meet its obligation under this and other
sales agreements and in no event shall Seller be liable for non-performance or for delay in
performance of orders or in shipment of products, or for any damages suffered by Buyer as a
result thereof, when such non-performance or delay is caused by, or in any manner arises from
Seller’s inability to obtain products in such quantities. In the event that Seller is unable to obtain
products in sufficient quantities and in the event that such inability only partly effects Sellers
capacity to perform, Seller shall allocate quantities that are available among its customers
(customers under contract and regular customers not then under contract) in a manner that, in
Sellers judgment, is both fair and reasonable. Upon the occurrence of the contingency referred to