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PLACE OF DELIVERY AND METHOD OF TENDER/RISK OF LOSS. All prices are FCA (Incoterms 2022) Seller’s facility. Buyer agrees to pay all transportation charges incurred after the Products are delivered to the carrier and to reimburse Seller for any transit insurance or freight pre-paid for the Products by Seller. The date of delivery is the date on which carrier collects the Products from Seller. Seller reserves the right to deliver the Products in any order and to make partial deliveries. All shipping dates are approximate only. Where Buyer furnishes special transportation instructions, any special expense is to be borne by the Buyer, including special handling, packaging and additional freight charges. When export instructions or special packing are required and have been agreed upon by the Parties, any extra charges such as export duties, licenses, fees and the like shall be borne by Buyer. Title to (subject to the next sentence below), and the risk of loss of or damage to the Products or any part thereof, shall pass to the Buyer upon the earlier of delivery to carrier at the point of shipment or delivery to the Buyer, and Buyer shall have the responsibility of filing any claims for loss, damage, delay or otherwise, with the carrier, insurer, or other related third parties.. Subject to applicable law, Seller upon notice to Buyer may retain title to the Product until such time as Seller receives payment in full from the Buyer.


PRODUCT RETURN. Only new, unused and undamaged Products in the original boxes are eligible for return up to ninety (90) days from the date of shipment provided that Seller approves in advance any such return. Seller reserves the right to inspect any returned goods, and no return is final until confirmed in writing to the Buyer by an authorized representative of Seller. Buyer must provide with any returned goods an RMA number provided to Buyer by Seller. Any returns of Product may be subject to a restocking charge. Upon Buyer’s compliance with its obligations under this Section, Seller will provide Buyer notification of the total value of such returned goods that Seller, in its sole discretion, has accepted. A credit will be issued to Buyer for such value, less any restocking fee to be determined by Seller. Products not accepted for return will be returned to Buyer F.O.B. Seller’s facility.

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