Delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Product title and risk of loss will transfer to Buyer upon Regan Technologies tendering the Product for delivery to the carrier (F.O.B. Origin). If Buyer requests special shipping or handling, including expedited shipment, third-party billing, or freight collect, Buyer shall be responsible filing claims with the carrier and all freight and handling costs. Buyer shall pay for any special routing, packing, handling, or insurance requested by Buyer and agreed to by Regan Technologies. Orders shipped under special routing instructions must be separately agreed upon and may be subject to additional charges. Regan Technologies will not be subject to requirements of noncompliance programs of Buyer, including charges for product delays, missing/inaccurate shipping documents, labeling or product markings.
Buyer shall promptly notify Regan Technologies, no later than 30 days from invoice date, of any claimed shortages or rejection as to any delivery, with the exception of deliveries that reveal external shipping damage, which, in some instances, must be refused immediately upon delivery by the carrier. Such notice shall be in writing and shall be reasonably detailed stating the grounds for any such rejection. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery. Seller shall not be liable for any shipment delays that affect Seller or any of Seller’s suppliers, including but not limited to:
- Delays caused by unavailability or shortages of Products from Seller’s suppliers
- Natural disasters
- Acts of war or terrorism
- Acts or omissions of Buyer
- Fire
- Strike
- Riot
- Governmental interference
- Unavailability or shortage of materials, labor, fuel, or power through normal commercial channels at customary and reasonable rates
- Failure or destruction of plant or equipment arising from any cause
- Transportation failures
