Prices/Cost of Transportation. EMSL quotes prices based on exchange rates, transportation costs, manufacturing costs, labour costs and other EMSL costs to supply a product and/or service in effect at the time when EMSL quotes a price. EMSL can change quoted prices any time before EMSL accepts Purchaser’s order for the product and/or service, with prior notice to Purchaser. EMSL prices are subject to correction for error or omission. Unless otherwise stated, all prices are Ex-works (EXW) EMSL’s facility and include domestic packaging, if necessary. EMSL will use its customary transportation methods to deliver Purchaser’s product, at Purchaser’s expense. EMSL will use Purchaser’s special transportation method, at Purchaser’s expense, if Purchaser requests it in reasonable time before EMSL ships the product. The Purchaser may only dispute an EMSL Invoice and claim a re-adjustment by written notice given to EMSL specifying the basis of the dispute within thirty (30) days after the date of delivery of the EMSL Invoice. If no such notice is delivered by the Purchaser within such period, the Purchaser will be deemed to have accepted the EMSL Invoice. If the Purchaser disputes the accuracy of an EMSL Invoice within the applicable period, the Purchaser will nevertheless make payment in accordance with the EMSL Invoice, but the disagreement will be referred by EMSL for prompt decision to an independent third party, who will be deemed to be acting as an expert and not an arbitrator. The independent third party’s signed determination will be final and binding on both EMSL and the Purchaser. Any adjustment required to any previous payment made by the Purchaser by reason of any such determination will be made within fourteen (14) days thereof, and the party required to pay such adjustment will bear all costs of the independent third party, except that if the amount to be paid is three percent (3%) or less of the amount in dispute, in which case the Purchaser will pay all such costs.
Prices/Cost of Transportation. All quoted prices are based on current exchange rates, duties and sales taxes and may be adjusted for any change in the applicable exchange rate, duties or taxes prior to shipment, and corrected for any error or omissions. Unless otherwise stated all prices are Delivered Duty Paid (DDP) as defined in Incoterms® 2010 within the U.S.A. and include domestic packing. Customary methods of transportation shall be selected by Optm Canada Inc.
