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 and route of shipment is at Seller’s discretion, unless Purchaser supplies explicit instructions, which are accepted by Seller in writing prior to shipment. Seller does not assume responsibility for any damages directly or indirectly resulting from delays in delivery. In the event items are broken or damaged during transit from Seller to Purchaser, it is solely the responsibility of Purchaser to file a damage claim with the shipping carrier for breakage or damage. If the method of shipment specified by Purchaser is deemed by Seller to be unavailable or otherwise unmanageable, Seller retains right to use an alternate shipping method, service carrier, route or combination thereof whether or not at a higher cost to Purchaser. Seller will promptly notify Purchaser of any such change. All risk of loss or damage to products shipped shall pass to the Purchaser when the products are received by the shipping carrier for shipment and Purchaser is fully responsible for insuring such goods thereafter.
Shipments of orders made by Seller within a reasonable time after an estimated date of delivery whether spoken or website data shall constitute acceptable delivery to Purchaser. No right of cancellation shall accrue to Purchaser based on delayed delivery. Once shipped there is no guarantee by Toboa Energy Resources L.L.C. of a specific delivery time or date.
All prices, quotations, shipments and deliveries by Seller are F.O.B. Seller’s holding location and risk of loss passes to Purchaser immediately 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 its saleable products specified on any order from any of the Sellers vendors or holding or stock locations.
Allocation of Risk
Purchaser acknowledges (agrees) that said Standard Terms and Conditions of Sale and Seller’s acknowledgment (affirmation) allocates risks with respect to all goods and / or services sold to Purchaser and this risk allocation is reflected in the price(s) to be paid by Purchaser for all goods and/or services purchased hereunder. Purchaser attests and warrants that it has read this provision, understands it, agrees to 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 due to any reason described or unknown and title for such items pass to the Purchaser upon Toboa Energy Resources LLC delivery to the carrier. Toboa Energy Resources LLC is not responsible or liable for any damage arising from shipment.
Products shipped by Seller shall be within the specifications, limits and sizes published by Seller, subject, to Seller’s right to ship overages or underage including back orders in accordance with Seller’s standard practices. All products 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 methods to comply with any packaging, loading or bracing requirements specified on any order. Seller will charge for additional material or academic compliance with Purchaser’s special requirements in accordance with Seller’s price list or agreed to price quotation for extra handling effective at time of shipment. If no additional or compliance packaging, loading or bracing requirements are specified by Purchaser, Seller shall comply with the minimum shipment costs and requirements customarily applied by Seller to the method of transportation used for such goods.
In the event goods arrive at Purchaser’s destination damaged or if there is a shortage or any other negative circumstances occur, it is the responsibility of Purchaser to immediately report said damage or shortage or other to the delivering carrier’s delivery person or firm and inform the the Seller. Any losses or shortages due to shipment damage or otherwise occurring in transit will be solely for the account of Purchaser. Any product that is allegedly defective or parts that are to be returned by Purchaser to a destination specified by Seller must include a return Good Authorization (RGA) number and all freight charges are to be prepaid by Purchaser. Any repairs or replacement products or parts are subject to Sellers verification and inspection. Purchaser is held responsible for all costs of assessment de-installation or dis-assembly and re-installation or re-assembly of goods or parts returned and are subject to additional fees.
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. Toboa Energy Resources LLC does not abandon unclaimed products regardless of return shipment cost.