Shipping and delivery are determined by availability of product regardless of suggested stock status shown. It is the purchasers responsibility to confirm an ordered item shipment date before ordering. Orders that are placed for quick shipment such as next day or second day service that are not in stock and subsequently canceled by purchaser due to no immediate availability will incur a 20% of order surcharge plus any manufacturer cancellation costs.
Method of Shipment
Method and route of shipment is at Seller’s discretion, unless Purchaser supplies explicit instructions, which are subsequently accepted by Seller in writing. Seller does not assume responsibility for any damage directly or indirectly resulting from delays in delivery. If items are broken or damaged in transit from Seller to Purchaser, it is considered the responsibility of Purchaser to file a claim with the carrier for said breakage or damage. If the method of shipment specified by Purchaser is deemed by Seller to be unavailable or otherwise unsatisfactory, Seller reserves right to use an alternate method or route or both whether or not at a higher cost to Purchaser. Seller shall promptly notify Purchaser of any such change. The risk of loss or damage to the goods shipped shall pass to the Purchaser when the goods are delivered to the carrier for shipment and Purchaser shall be responsible for insuring such goods thereafter.
Shipments of orders made by Seller within a reasonable time after an estimated date of delivery shall constitute acceptable delivery to Purchaser. No right of cancellation shall accrue to Purchaser based on delayed delivery.
All prices, quotations, shipments and deliveries by Seller are F.O.B. Seller’s stock location and risk of loss passes to Purchaser once goods are tendered for such delivery. All transportation and other charges including handling fees are for the account of Purchaser, including any increase or decrease in such charges prior to shipment.
Producing or Shipping Point
Seller reserves right to produce and ship all or any part of the goods specified in any order from any of its vendors or stock locations.
Allocation of Risk
Purchaser acknowledges that these Standard Terms and Conditions of Sale and Seller’s Acknowledgment allocates risks with respect to goods and/or services sold to Purchaser and this risk allocation is reflected in the prices to be paid by Purchaser for said goods and/or services purchased here under. Purchaser warrants that it has read this provision, understands it and is bound by its terms.
Shipping – Risk of Loss
All items purchased from Toboa Energy resources LLC are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Toboa Energy Resources LLC is not responsible or liable for any damage arising from shipment.
Goods shipped by Seller shall be within the limits and sizes published by Seller, subject, however, to Seller’s right to ship overages or underage in accordance with Seller’s standard practices and goods shipped by Seller will be subject to standard variations provided such variations are non-functional or are not material in nature.
Seller will use all reasonable means to comply with any packaging, loading or bracing requirements specified in any order. Seller will charge for compliance with Purchaser’s special requirements in accordance with Seller’s price list for extras in effect at time of shipment. If no packaging, loading or bracing requirements are specified by Purchaser, Seller shall comply with the minimum requirements customarily applied by Seller to the method of transportation used for such goods.
If any goods should arrive at Purchaser’s destination in a damaged condition or should a shortage occur, Purchaser shall immediately report the damage or shortage to the delivering carrier and to Seller. Any loss or shortage occasioned by damage or otherwise occurring in transit will be for account of Purchaser. Allegedly defective goods or parts are to be returned by Purchaser to a destination specified by Seller, freight charges prepaid by Purchaser. All repairs and replacements are subject to verification and inspection by Seller. Seller shall not be responsible for costs of assessment de-installation or dis-assembly and re-installation or re-assembly of goods or parts returned.
International shipments will be arraigned by Toboa Energy Resources LLC unless otherwise directed. Shipment, brokerage fees, taxes, customs, duties, services, or any other costs to be paid by Purchaser upon delivery of shipment.