Freight Added to Order. Buyer understands and agrees that all freight, shipping, storage and delivery charges related to delivering the Goods in the Order to the Installation Site, but not included in the Order or otherwise paid by Buyer will be subsequently added to the Order and shall be due and payable at the time the Final Payment (as defined in Article III, Section 1(b)) becomes due (the “Additional Freight Charges”). If the expense is incurred subsequent to Buyer making the Final Payment for the Order, the Additional Freight Charges are due within ten (10) days’ notice of the invoice from Go Play Systems for such expense.
Shipment of the Order. Because Buyer agrees to indemnify and hold Go Play Systems harmless for the shipping, freight, storage and delivery fees related to delivering the Goods in the Order to the Installation Site, Buyer shall designate whether shipment of the Order, or any portion thereof, is to be by air, ground or sea. Buyer understands and agrees that it is solely responsible for such expense and agrees to indemnify and hold harmless Go Play Systems for any expenses incurred in the freight, shipment, delivery, and/or storage of the Order, or any portion thereof. All shipments of the Order, or any portion thereof are F.O.B. Origin, Freight Prepaid & Allowed & Charged Back.
Risk of Loss. Upon the latter of the manufacturer’s delivery or Go Play Systems’ delivery of the Order, or any portion thereof, to the carrier, Buyer hereby expressly and knowingly accepts all risk of loss. Buyer may choose, at its sole discretion, to insure the shipment of the Order. If Buyer desires to place insurance on the Order at the time of Order Placement, the Parties may agree to include the expense thereof in the Order. If Buyer chooses to purchase the insurance after the Order Placement, but before the Order has been shipped, in Go Play Systems’ sole discretion, Go Play Systems may agree to add the insurance expense to the amount due at Final Payment. Go Play Systems assumes no responsibility for valuing the Goods in an Order. The value of the Goods contained in an Order, or any portion thereof, is fairly represented by the Order, which contains an itemized invoice of the value of each of the Goods and/or Services included in the Order.
Default Shipping Method. If Buyer does not specify a preferred method of shipment, Go Play Systems shall exercise sole discretion in selecting a method of shipment (e.g. air, ground, sea). For informational purposes only, Go Play Systems generally uses major common carriers and delivery services and, for foreign orders, freight forwarders.Go Play Systems generally ships freight collect, unless Buyer requests other arrangements and prepays Go Play Systems for all shipping expenses. The Parties hereby expressly agree that Go Play Systems has no obligation to ship any Goods or any portion of any Order by air or other expedited manner. In Go Play Systems’ sole discretion and subject to Buyer prepaying the estimated or actual expense, Go Play Systems may ship using an expedited method such as air
Shipment Expenses. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer. Any Additional Freight Charges that were not included in the Order at the time of Order Placement shall be due in accordance with Article III.
Partial Shipments. Partial shipments of the Order from Buyer may be made by Go Play Systemsto facilitate the earliest possible delivery of the any or all of the Goods in the Order and are subject to the terms of this Agreement as though it constituted the entire Order. Partial shipment shall not be made unless Go Play Systems has been paid in full for the entire Order. Notwithstanding the foregoing, in Go Play Systems’s sole discretion, Go Play Systems may commence a partial shipment of the Order if Go Play Systems finds it in its interest to do so. If Go Play Systems chooses to make a partial shipment of the Order, title to such portion of the Order shall pass to Buyer upon the delivery of such portion of the Order as contemplated in F.O.B., Origin, Freight Prepaid and Added, thus creating an obligation upon Buyer for payment and/or reimbursement, as specified by Go Play Systems, for taxes, customs, duties, shipment or freight, and any other expenses associated therewith, to the extent such amounts were not paid in advance or upon Order Placement. The time period to make such payment or provide such reimbursement is set forth in Article III
Shipment Date is Projected. The date provided to Buyer for shipment of the Order (or any portion thereof) is an estimate or projected date (the “Projected Shipping Date”), not a guarantee or warranty of any nature whatsoever. Go Play Systems does not warrant or guaranty shipment by the Projected Shipping Date. Buyer hereby expressly understands and agrees that any and all arrangements, activities, events, or contingencies based upon the Projected Shipping Date are at Buyer’s sole risk and further agrees to hold Go Play Systems harmless for the Order, or any portion thereof, not actually being shipped on or by the Projected Shipping Date. Go Play Systems will attempt to notify Buyer of the actual shipping date once the Order, or any portion thereof, is shipped, as well as of any changes to the Projected Shipping Date.
Delivery. Upon delivery of the Order or any portion thereof to the Installation Site, Go Play Systems will have its subcontractor at the Installation Site within a reasonable time to commence installation of the Goods contained in the Order, unless such Service was not included in the Order. Delivery of the Order will require that sufficient space, cleanliness and site preparation be completed beforehand. Failure to make the space required for delivery of the Order to be completed may result in additional fees, including but not limited to storage fees for the Order while the Installation Site is prepared for installation
Delivery Date is Projection. The date provided to Buyer for delivery of the Order (or any portion thereof) is an estimate or projected date (the “Projected Delivery Date”), not a guarantee or warranty of any nature whatsoever. Go Play Systems does not warrant or guaranty delivery by the Projected Delivery Date. Buyer hereby expressly understands and agrees that any and all arrangements, activities, events, or contingencies based upon the Projected Delivery Date is at Buyer’s sole risk and further agrees to hold Go Play Systems harmless for the Order, or any portion thereof, not actually being delivered on or by the Projected Delivery Date. Go Play Systems will attempt to notify Buyer of changes to the Projected Delivery Date.
Acceptance. Go Play Systems is not responsible for typographical or clerical errors made in any quotations, estimates, bids, advertisements, publications or in the Order. Buyer has reviewed the Order and represents that the Order is free from any errors or omissions. In addition Buyer understands and agrees to the terms and conditions set forth in this T&C Agreement, including any and all terms and conditions set forth in Exhibit A, unless otherwise agreed in writing and signed by Go Play Systems. In reliance upon Buyer’s representations, Go Play Systems hereby accepts and confirms the Order for the Goods and Services described in Exhibit A. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on Buyer’s Order or elsewhere, and apply to all quotations made and orders accepted by Go Play Systems, unless specifically stated to the contrary on the face of this confirmation of order.