Common use of Delivery and Risk of Loss Clause in Contracts

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

Delivery and Risk of Loss. Unless Seller will make Products available Ex Works (Incoterms 2010) at its premises for dispatch, unless otherwise provided for agreed in advancewriting between both parties. Seller reserves the right to (i) make shipments in installments, all (ii) make shipments when Product is available and shall invoice shipments as and when made, and/or (iii) allocate production and deliveries among its various customers under any circumstances. Seller will be made F.O.B. Seller's facilityconfirm, in writing, and upon Seller's amend as appropriate, the scheduled delivery date of a Products, which may be subject to change due to unforeseen circumstances (“Commitment Date”). Seller will not assume any liability in connection with the delivery or shipment of Products (including due to the carrierany delay), Buyer shall assume the risk of or constitute any carrier as its agent. Packing materials and containers are not refundable. Responsibility for loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does Products in transit shall not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products be accepted by the carrier Seller and receipts should be signed "Unexamined" upon receipt by Buyer. Buyer shall constitute a bar to any claim be solely responsible for making all claims with carriers, insurers, warehousers and others for non-delivery, loss, damage or delay. Risk of late delivery loss with respect to such products and (b) the Products shall pass to Buyer shall not be excused upon collection by carrier from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days Seller’s premises regardless of the date agreed Incoterms. Notwithstanding the foregoing, Products held or stored by Seller for delivery to Buyer at Buyer’s request shall be at the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to sole risk of Buyer and Buyer shall be responsible liable for a 25% restocking fee as all expenses in relation to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part holding or storage of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliverProducts.

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments will be made F.O.B. made B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer Xxxxx refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments Supplier will be made F.O.B. Seller's facility, at its expense deliver the goods ordered to Test Company with its office at 0000 Xxxx Xx Xx 100 Carrollton,Texas 75006. 3.1 Supplier shall assume risk of loss and upon Seller's damage to Goods prior to delivery thereof to Buyer. Upon delivery of a shipment the Goods to the carrierBuyer, Buyer shall inspect the Goods and shall, upon prompt inspection of the Goods, sign the receipt of delivery acknowledging the Goods have been delivered in an undamaged condition. Any damaged Goods shall be segregated from undamaged Goods by Buyer. Supplier shall arrange for delivery of the damaged Goods to a destination designated by Supplier. Buyer shall assume full responsibility for any loss, damage or deterioration to the risk Goods 3.2 When the Buyer sign for the delivered Goods, the Buyer accept those Goods, and by accepting those Goods, represent that they have been delivered in an undamaged and acceptable condition. 3.3 Buyer agrees to keep the Goods, and the proceeds from the sales thereof, separate and capable of identification, as the property of Supplier, to make entries in its books showing that the property is held for the account of Supplier, to report to Supplier the consummation of any loss sale on a weekly basis as more fully set forth herein; and to furnish the Supplier on demand a true and complete report of the Buyer’s sales for any period of time stated by the Supplier. 3.4 Buyer agrees to keep the goods fully insured at its expense against any and all risks including, but not limited to, breakage, damage or damage theft. The insurance policies shall be satisfactory to Supplier, and shall be delivered to Supplier promptly upon demand. Any and all insurance proceeds resulting from a claim on Supplier’s property shall be made payable to Supplier as its interest may appear. 3.5 Buyer agrees not to remove any of the Goods subject to this security agreement from the Buyer’s address as set forth herein, without the written consent of Supplier, except for purpose of sale and subject to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, provisions and Seller does not guarantee delivery or completion by a particular date unless otherwise stated conditions herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliverprovided.

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments Supplier will be made F.O.B. Seller's facility, at its expense deliver the goods ordered to xxxxxx with its office at Indore Indore,Kansas 75024. 3.1 Supplier shall assume risk of loss and upon Seller's damage to Goods prior to delivery thereof to Buyer. Upon delivery of the Goods to Buyer, Xxxxx shall inspect the Goods and shall, upon prompt inspection of the Goods, sign the receipt of delivery acknowledging the Goods have been delivered in an undamaged condition. Any damaged Goods shall be segregated from undamaged Goods by Buyer. Supplier shall arrange for delivery of the damaged Goods to a shipment to the carrier, destination designated by Supplier. Buyer shall assume full responsibility for any loss, damage or deterioration to the risk Goods after delivery to Buyer. At all times during the term of this Agreement, the Buyer, at its expense, 3.2 When the Buyer sign for the delivered Goods, the Buyer accept those Goods, and by accepting those Goods, represent that they have been delivered in an undamaged and acceptable condition. 3.3 Buyer agrees to keep the Goods, and the proceeds from the sales thereof, separate and capable of identification, as the property of Supplier, to make entries in its books showing that the property is held for the account of Supplier, to report to Supplier the consummation of any loss sale on a weekly basis as more fully set forth herein; and to furnish the Supplier on demand a true and complete report of the Buyer’s sales for any period of time stated by the Supplier. 3.4 Buyer agrees to keep the goods fully insured at its expense against any and all risks including, but not limited to, breakage, damage or damage theft. The insurance policies shall be satisfactory to Supplier, and shall be delivered to Supplier promptly upon demand. Any and all insurance proceeds resulting from a claim on Supplier’s property shall be made payable to Supplier as its interest may appear. 3.5 Xxxxx agrees not to remove any of the Goods subject to this security agreement from the Buyer’s address as set forth herein, without the written consent of Supplier, except for purpose of sale and subject to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, provisions and Seller does not guarantee delivery or completion by a particular date unless otherwise stated conditions herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliverprovided.

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments Supplier will be made F.O.B. Seller's facility, at its expense deliver the goods ordered to xxxxxx xxxxxxx with its office at Test by xxxxxx Indore,Kansas 75024. 3.1 Supplier shall assume risk of loss and upon Seller's damage to Goods prior to delivery thereof to Buyer. Upon delivery of a shipment the Goods to the carrierBuyer, Buyer shall inspect the Goods and shall, upon prompt inspection of the Goods, sign the receipt of delivery acknowledging the Goods have been delivered in an undamaged condition. Any damaged Goods shall be segregated from undamaged Goods by Buyer. Supplier shall arrange for delivery of the damaged Goods to a destination designated by Supplier. Buyer shall assume full responsibility for any loss, damage or deterioration to the risk Goods 3.2 When the Buyer sign for the delivered Goods, the Buyer accept those Goods, and by accepting those Goods, represent that they have been delivered in an undamaged and acceptable condition. 3.3 Buyer agrees to keep the Goods, and the proceeds from the sales thereof, separate and capable of identification, as the property of Supplier, to make entries in its books showing that the property is held for the account of Supplier, to report to Supplier the consummation of any loss sale on a weekly basis as more fully set forth herein; and to furnish the Supplier on demand a true and complete report of the Buyer’s sales for any period of time stated by the Supplier. 3.4 Buyer agrees to keep the goods fully insured at its expense against any and all risks including, but not limited to, breakage, damage or damage theft. The insurance policies shall be satisfactory to Supplier, and shall be delivered to Supplier promptly upon demand. Any and all insurance proceeds resulting from a claim on Supplier’s property shall be made payable to Supplier as its interest may appear. 3.5 Buyer agrees not to remove any of the Goods subject to this security agreement from the Buyer’s address as set forth herein, without the written consent of Supplier, except for purpose of sale and subject to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, provisions and Seller does not guarantee delivery or completion by a particular date unless otherwise stated conditions herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliverprovided.

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments Supplier will be made F.O.B. Seller's facility, at its expense deliver the goods ordered to xxxxxx xxxxxxxx with its office at Street company plano,Texas 12345. 3.1 Supplier shall assume risk of loss and upon Seller's damage to Goods prior to delivery thereof to Buyer. Upon delivery of the Goods to Buyer, Xxxxx shall inspect the Goods and shall, upon prompt inspection of the Goods, sign the receipt of delivery acknowledging the Goods have been delivered in an undamaged condition. Any damaged Goods shall be segregated from undamaged Goods by Buyer. Supplier shall arrange for delivery of the damaged Goods to a shipment to the carrier, destination designated by Supplier. Buyer shall assume full responsibility for any loss, damage or deterioration to the risk Goods 3.2 When the Buyer sign for the delivered Goods, the Buyer accept those Goods, and by accepting those Goods, represent that they have been delivered in an undamaged and acceptable condition. 3.3 Buyer agrees to keep the Goods, and the proceeds from the sales thereof, separate and capable of identification, as the property of Supplier, to make entries in its books showing that the property is held for the account of Supplier, to report to Supplier the consummation of any loss sale on a weekly basis as more fully set forth herein; and to furnish the Supplier on demand a true and complete report of the Buyer’s sales for any period of time stated by the Supplier. 3.4 Buyer agrees to keep the goods fully insured at its expense against any and all risks including, but not limited to, breakage, damage or damage theft. The insurance policies shall be satisfactory to Supplier, and shall be delivered to Supplier promptly upon demand. Any and all insurance proceeds resulting from a claim on Supplier’s property shall be made payable to Supplier as its interest may appear. 3.5 Xxxxx agrees not to remove any of the Goods subject to this security agreement from the Buyer’s address as set forth herein, without the written consent of Supplier, except for purpose of sale and subject to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, provisions and Seller does not guarantee delivery or completion by a particular date unless otherwise stated conditions herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliverprovided.

Delivery and Risk of Loss. Unless Seller agrees otherwise provided for in advancewriting, all shipments Seller shall deliver the goods EXW (Incoterms 2000) Seller’s facility from which the goods will be made shipped, except that if Seller’s facility and Buyer’s facility are both located in the United States, then Seller shall deliver the goods F.O.B. (Uniform Commercial Code term) Seller's ’s facility. In either case, and risk of loss of the goods shall pass to Buyer upon Seller's delivery identification of a shipment the goods to the carriercontract between Buyer and Seller. Shipping, Buyer shall assume delivery and performance dates are estimates only, calculated from the risk date of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished receipt of Buyer’s order and complete drawings, specifications, designs, samples and other information reasonably requested by Seller represent to manufacture the best estimates of goods and perform the time required to make shipment or complete services, and time is not of the essence. Seller does shall not guarantee incur any liability, direct or indirect, nor shall any order be canceled because or as a result of any delays in meeting such dates or schedules. Seller reserves the right to recalculate any projected shipping, delivery or completion by a particular date performance dates upon receipt of Buyer’s order. Seller may ship all the goods at one time or in portions from time to time. Seller shall have the right to determine the method of shipment and routing of the goods, unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer quotation or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer acknowledgment. Seller shall not be excused from performance if responsible or liable for any reasona delay in the delivery of goods to Buyer that is due to a late delivery by Buyer of critical items needed for the design, the carrier does not pick up products on the date specified for shipping, fabrication and Seller may dispose of any products which the carrier does not pick-up within five (5) days manufacture of the goods by Seller, including, but not limited to, try out material, checking fixtures, design and quality information. Any delivery date agreed for delivery to the carrier at identified in Seller’s facility if Buyer refuses acceptance based on such delay, in which case Quotation or otherwise agreed upon by Seller may cancel the order without notice to Buyer and Buyer shall automatically be responsible for null and void and/or automatically amended to a 25% restocking fee as later date in time if Buyer fails to the products ordered. In any such event, timely and properly provide Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part with all required technical data and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.specifications and

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments Supplier will be made F.O.B. Seller's facility, at its expense deliver the goods ordered to Sharad with its office at Street company plano,Texas 12345. 3.1 Supplier shall assume risk of loss and upon Seller's damage to Goods prior to delivery thereof to Buyer. Upon delivery of a shipment the Goods to the carrierBuyer, Buyer shall inspect the Goods and shall, upon prompt inspection of the Goods, sign the receipt of delivery acknowledging the Goods have been delivered in an undamaged condition. Any damaged Goods shall be segregated from undamaged Goods by Buyer. Supplier shall arrange for delivery of the damaged Goods to a destination designated by Supplier. Buyer shall assume full responsibility for any loss, damage or deterioration to the risk Goods 3.2 When the Buyer sign for the delivered Goods, the Buyer accept those Goods, and by accepting those Goods, represent that they have been delivered in an undamaged and acceptable condition. In Process 3.3 Buyer agrees to keep the Goods, and the proceeds from the sales thereof, separate and capable of identification, as the property of Supplier, to make entries in its books showing that the property is held for the account of Supplier, to report to Supplier the consummation of any loss sale on a weekly basis as more fully set forth herein; and to furnish the Supplier on demand a true and complete report of the Buyer’s sales for any period of time stated by the Supplier. 3.4 Buyer agrees to keep the goods fully insured at its expense against any and all risks including, but not limited to, breakage, damage or damage theft. The insurance policies shall be satisfactory to Supplier, and shall be delivered to Supplier promptly upon demand. Any and all insurance proceeds resulting from a claim on Supplier’s property shall be made payable to Supplier as its interest may appear. 3.5 Buyer agrees not to remove any of the Goods subject to this security agreement from the Buyer’s address as set forth herein, without the written consent of Supplier, except for purpose of sale and subject to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, provisions and Seller does not guarantee delivery or completion by a particular date unless otherwise stated conditions herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliverprovided.

Delivery and Risk of Loss. Unless Seller will make Products available Ex Works (Incoterms 2010) at its premises for despatch, unless otherwise provided for agreed in advancewriting between both parties. Seller reserves the right to (i) make shipments in instalments, all (ii) make shipments when Product is available and shall invoice shipments as and when made, and/or (iii) allocate production and deliveries among its various customers under any circumstances. Seller will be made F.O.B. Seller's facilityconfirm, in writing, and upon Seller's amend as appropriate, the scheduled delivery date of a Products, which may be subject to change due to unforeseen circumstances (“Commitment Date”). Seller will not assume any liability in connection with the delivery or shipment of Products (including due to the carrierany delay), Buyer shall assume the risk of or constitute any carrier as its agent. Packing materials and containers are not refundable. Responsibility for loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does Products in transit shall not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products be accepted by the carrier Seller and receipts should be signed "Unexamined" upon receipt by Buyer. Buyer shall constitute a bar to any claim be solely responsible for making all claims with carriers, insurers, warehousers and others for non-delivery, loss, damage or delay. Risk of late delivery loss with respect to such products and (b) the Products shall pass to Buyer shall not be excused upon collection by carrier from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days Seller’s premises regardless of the date agreed Incoterms. Notwithstanding the foregoing, Products held or stored by Seller for delivery to Buyer at Buyer’s request shall be at the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to sole risk of Buyer and Buyer shall be responsible liable for a 25% restocking fee as all expenses in relation to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part holding or storage of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliverProducts.