(a) Quoted shipping costs are estimates only. Company and Dealer do not assume any liability for damages or losses arising in connection with the shipment, nor will the carrier be construed to be an agent of Company or Dealer, and Customer must file a claim directly with the carrier.

(b) Delivery dates are estimates only. Company and Dealer use commercially reasonable efforts to avoid, but otherwise shall not be liable for any damages or penalties for, shipment delays.

(c) All Product is delivered FOB Origin unless otherwise expressly agreed in writing. Risk of loss for all Product transfers to Customer upon Company’s/Dealer’s placement of the Product with the carrier. Customer shall be responsible for all applicable freight, insurance, loading, packaging and handling charges as quoted by Company/Dealer (“Delivery Charges”), and sales, use, excise, import, privilege or any similar tax or duty levied by any government (“Taxes”). Partial deliveries are permissible.