DELIVERY
All prices quoted and goods shipped are F.O.B. Seller’s place of shipment. Title to and risk of loss of all goods shall pass to Buyer when the goods are placed by Seller in possession of a common carrier selected by Buyer for shipment to Buyer. Unless expressly provided otherwise on the front of this Contract, Buyer shall pay all freight, handling, delivery, and insurance costs for the shipment of goods. Seller may refuse or delay any shipment if Buyer fails to pay promptly any payments due Seller, whether pursuant to this Contract or any other contract between Seller and Buyer. Seller may deliver goods covered by this Contract at one time or in portions, from time to time, within the time for delivery provided in this order.
FORCE MAJEURE
Seller shall not be liable for delays in delivery or for failure to perform if its failure or delay of performance is caused by events or conditions beyond Seller’s reasonable control, including without limitation, customs examination, loss or delay by common carrier, acts of God, acts of the public enemy, quarantine restrictions, industrial disturbances, blockades, insurrections, arrest and restraint of industrial people or rulers, civil disturbances, boycotts, acts or omissions of Buyer or civil or military authorities, fire, strike, lock-outs, landslide, lightning, wash-outs, tornadoes, hurricanes, windstorms, explosions, epidemics, flood, storm, earthquake, riot, war, breakage or accident of machinery or equipment. In the event of any delay, the contractual date of delivery shall be extended for a period equal to the time lost as a consequence of the delay without penalty to Seller