III. Delivery: Seller shall sell, transfer and/or deliver Goods to Buyer on or before Date on Invoice to a location mutually decided by the Parties. Buyer is responsible for all costs associated with the shipment of Goods. Buyer is responsible to pay all taxes, third-party expenses, and any other fees in connection with the Goods and/or this Agreement.
a. Buyer retains no rights on improper delivery. The address provided by Buyer for delivery of the Goods is deemed as the correct address for the shipment carrier to deliver the Goods. Address for shipment to Buyer if being shipped to the Invoice.
IV. Risk of Loss; Transfer of Title: Title to, and risk of loss of Goods, will pass to Buyer when Seller delivers Goods to the shipping carrier or otherwise puts Goods in transit to Buyer. Buyer will bear the risk of loss of Goods during shipment. Seller is not liable for delays in performance/non-performance due to unforeseen circumstances or causes beyond Seller’s reasonable control.
V. Inspection of Goods; Acceptance: 1. Delivery via shipment: Buyer shall have the right to inspect Goods on arrival if shipped, and, within seven (7) calendar days after delivery, Buyer must give notice to Seller of any dispute or claim of damages of Goods due to the condition, quality, or other nonconformance of Goods. Buyer must specify the basis of its claim in writing and in detail. Failure of Buyer to comply with these conditions shall constitute irrevocable acceptance of Goods by Buyer. If Buyer gives Seller written notice of a dispute or claim within seven (7) calendar days, Seller, within a reasonable time will cure such dispute or claim. Seller will make reasonable accommodations to Buyer if a dispute or claim has been made in time by Buyer. If Seller remedies the dispute or claim by Buyer, Buyer may choose to cancel this Agreement, return Goods (at the Buyer’s expense) and receive a refund of only the Purchase Price of Goods paid by Buyer. Buyer may also choose to credit the Purchase Price against past/future transactions with Seller.
2. In-person delivery: Buyer shall have the right to inspect Goods, in person at the time of pickup from Seller. Buyer shall retrieve goods from the Seller’s principal place of business or mutually accepted location. Buyer waives any/all rights to disputes and claims pertaining to Goods after in-person inspection and acceptance.
3. Cost of inspection: Any and/or all costs or expenses for the inspection or appraisal of Goods shall be paid solely and be the sole responsibility of the Buyer.