Common use of Title and Delivery Clause in Contracts

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when made Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable for delay in delivery or non-delivery due to causes beyond Seller’s reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within ten (10) days after receipt of written notice of failure to deliver from Buyer.

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when made Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable for delay in delivery or non-delivery due to causes beyond Seller’s reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within ten (10) [*] days after receipt of written notice of failure to deliver from Buyer. * This portion has been omitted pursuant to a Request for Confidential Treatment under Rule 24b-2 of the Securities Exchange Act of 1934. The complete document, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission.

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when made Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable for delay in delivery or non-delivery due to causes beyond Seller’s reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within ten (10) [*]days after receipt of written notice of failure to deliver from Buyer. * This portion has been omitted pursuant to a Request for Confidential Treatment under Rule 24b-2 of the Securities Exchange Act of 1934. The complete document, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission.

Title and Delivery. (a) Buyer acknowledges and agrees that the delivery dates are estimates only and may be changed. Seller will use commercially reasonable efforts to deliver in accordance with the delivery dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise expressly provided hereinagreed to in writing by an authorized representative of Seller, delivery of the products ordered hereunder by Buyer shall be completed when made all shipments are Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title Title to goods and risk of loss and damage shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) at Seller’s designated 's point of shipment, except as otherwise herein stated. Buyer shall pay all transportation costs. Unless otherwise agreed, Seller will select the carrier. Seller shallmay modify the specifications or manufacturing process provided the modifications do not adversely affect the form, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all fit or function of the products ordered hereunder shall be packed and prepared for shipment in a manner that: products. (ib) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in In the event that Seller’s ability to supply products becomes constrained, for any shipments directly reason whatsoever, Seller may reduce quantities, delay shipments, or allocate products among its customers in its sole discretion and, as a result, Seller may sell and deliver to an Buyer customer by Seller, shall upon fewer products than specified in Buyer’s request, omit purchase order or agreement or Seller’s name from confirmation or agreement, as the containerscase may be. Seller shall Buyer may not be liable for delay cancel, push-out, or reschedule any purchase order placed with Seller. (c) Any claims in delivery or non-delivery due respect to causes beyond Seller’s reasonable controlthe purchase ordered delivered products, including but not limited to acts of Godvisible defects, acts of Buyerquantity shortages or incorrect product shipments, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically must be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure made within ten (10) days after receipt of written notice delivery. Failure to notify Seller in writing of failure any visible defects in the products or of quantity shortages or incorrect shipments within such period shall be deemed unqualified waiver of any rights to deliver return products on the basis of visible defects, shortages or incorrect shipments. Due to the variability of transit times from worldwide production facilities, Seller reserves the right to ship product one to seven days in advance of Buyer’s requests.

Title and Delivery. a. Unless otherwise expressly provided herein, all goods delivered to Viasat shall be FCA (Incoterms 2010) Seller’s plant at the address set forth in the Purchase Order without charge to Viasat for transportation (unless otherwise set forth on the face of the Purchase Order), crating or storage. The goods shall be marked in accordance with Viasat’s instructions and any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course. b. Time is of the essence for Seller’s performance of the Purchase Order. If Seller fails to deliver goods in accordance with the schedule under the Purchase Order (“Delivery Date”), Viasat may direct Seller to make premium shipments of the goods to Viasat and Seller shall pay for all increased costs for such premium shipments. Seller shall immediately notify Viasat in the event that Seller’s timely performance under the Purchase Order is delayed or likely to be delayed, in whole or in part, and Seller shall provide Viasat with all available information regarding the reasons for such delay. Such notice shall not constitute a waiver by Viasat of any of Seller’s obligations hereunder. If only a portion of the goods specified in the Purchase Order is available for shipment to meet the Delivery Date, Seller shall, unless Viasat instructs otherwise: (i) ship the available goods in time to ensure timely delivery, and (ii) ship for delivery by the next day, at Seller’s own cost, the remaining portion of the goods as soon as such goods become available to Seller. In the event that Viasat incurs any costs, penalties, fines, or fees from its customers as a result of a Seller-caused delay, Seller will, at Viasat’s option and in its sole discretion, promptly reimburse Viasat for all such amounts or pay such amounts directly to Viasat’s customer. c. Seller shall not deliver incomplete or overage orders without Viasat’s prior written consent. d. If the goods and/or services ordered by Viasat are delivered more than thirty (30) days prior to the Delivery Date, Viasat may either reject such goods and/or services and return the shipment to Seller or accept delivery of the products ordered hereunder by Buyer shall goods and/or services. Such shipments will be completed when made Ex Works (Incoterms 2000) held at Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer risk and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) expense including reasonable storage charges while awaiting Seller’s designated point of shipmentshipping instructions. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier Return shipping charges will be regarded as Buyerat Seller’s agent. Shipping dates expense. e. Packaging and packing of all goods shall be in accordance with good commercial practices and adequate to assure safe arrival at the dates destination, and the shipment shall include a complete packing list. Unless otherwise specified in a purchase order submitted by Buyer the applicable specification(s) or statement of work, the materials used to package the goods shall not contain any ozone-depleting chemicals. f. Seller from shall comply with those Viasat Quality Assurance Procurement Provisions specified in the Purchase Order. The Quality Assurance Procurement Provisions and the Quality Assurance Procurement Provision Assigned Matrix Guide are available online at xxxx://xxx.Xxxxxx.xxx/company/about/supplier-information. g. Title and risk of loss in the goods shall pass to Viasat consistent with the time to time, however, parties agree when delivery occurs under the stated Incoterm. h. Viasat may request that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyergoods be shipped in place at Seller’s facility. In such an event, title shall be transferred at the absence of written instructions from Buyer, all time of the products ordered hereunder ship in place transaction and Seller shall be packed and prepared invoice Viasat for shipment the ship in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at place goods in accordance with the lowest rate; and (iii) is adequate to ensure safe arrivalPurchase Order terms. Upon Viasat’s request, Seller shall drop ship units as specified by Viasat. Seller shall xxxx not charge Viasat for this service provided all containers with Buyer purchase order numbers, necessary shipping documentation completed by Viasat is available prior to drop shipment and lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in inspection has been performed by Viasat’s personnel or agents. i. In the event that any shipments directly to an Buyer customer goods purchased by Viasat may cease being available from Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable for delay in delivery or non-delivery due to causes beyond Seller’s reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within ten provide at least six (106) days after receipt of months’ prior written notice to Viasat of failure to deliver from Buyersuch end of life or obsolescence.

Title and Delivery. (a) Xxxxx acknowledges and agrees that the delivery dates are estimates only and may be changed. Seller will use commercially reasonable efforts to deliver in accordance with the delivery dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise expressly provided hereinagreed to in writing by an authorized representative of Seller, delivery all shipments are FOB point of the products ordered hereunder by Buyer shall be completed when made shipment for U.S. destinations and Ex Works (Incoterms 2000) Seller’s designated point for non-U.S. destinations. Title to goods and risk of shipment. In all cases, Seller's title loss and damage shall pass to Buyer at and the risk of loss or damage to any product in transit upon delivery, except as otherwise herein stated. Buyer shall fall upon Buyerpay all transportation costs. Unless otherwise agreed, whose responsibility shall be to file claims with Seller will select the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shallmay modify the specifications or manufacturing process provided the modifications do not adversely affect the form, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all fit or function of the products ordered hereunder shall be packed and prepared for shipment in a manner that: products. (ib) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in In the event that Seller’s ability to supply products becomes constrained, for any shipments directly reason whatsoever, Seller may reduce quantities, delay shipments, or allocate products among its customers in its sole discretion and, as a result, Seller may sell and deliver to an Buyer customer by Seller, shall upon fewer products than specified in Buyer’s request, omit purchase order or agreement or Seller’s name from confirmation or agreement, as the containerscase may be. Seller shall Buyer may not be liable for delay cancel, push-out, or reschedule any purchase order placed with Seller. (c) Any claims in delivery or non-delivery due respect to causes beyond Seller’s reasonable controlthe purchase ordered delivered products, including but not limited to acts of Godvisible defects, acts of Buyerquantity shortages or incorrect product shipments, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically must be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure made within ten (10) days after receipt of written notice delivery. Failure to notify Seller in writing of failure any visible defects in the products or of quantity shortages or incorrect shipments within such period shall be deemed unqualified waiver of any rights to deliver return products on the basis of visible defects, shortages or incorrect shipments. Due to the variability of transit times from worldwide production facilities, Seller reserves the right to ship product one to seven days in advance of Buyer’s requests.

Title and Delivery. Unless otherwise expressly provided herein, (a) Buyer acknowledges and agrees that the delivery of the products ordered hereunder dates are estimates only and may be changed by Buyer shall be completed when made Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be use commercially reasonable efforts to deliver in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, delivery dates; however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall will not be liable for delay failure to deliver as estimated. Unless otherwise agreed to in delivery or writing by an authorized representative of Seller, all shipments are F.O.B point of shipment for U.S. destinations and Ex-Works for non-delivery due U.S. destinations. Title to causes beyond Seller’s reasonable controlproducts and risk of loss and damage will pass to Buyer at and upon delivery, including but except as otherwise stated in these terms and conditions. Buyer must pay all transportation costs. Unless otherwise agreed, Seller will select the carrier. Seller may modify the specifications or manufacturing process provided the modifications do not limited to acts adversely affect the form, fit or function of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. products. (b) In the event of that Seller’s ability to supply products becomes constrained, for any such delayreason whatsoever, Seller may reduce quantities, delay shipments, or allocate products among its customers in its sole discretion and, as a result, Seller may sell and deliver to Buyer fewer products than specified in Buyer’s purchase order or agreement or Seller’s confirmation or agreement, as the date of delivery shall automatically be extended for a period equal case may be. Buyer may not cancel, push-out, or reschedule any purchase order placed with Seller except in accordance with the terms stated in these terms and conditions or other agreement signed between Seller and Buyer. (c) Any claims in respect to the time lost by reason of the delay. For other than these preceding causesproducts delivered to a purchase order, Seller shall not including visible defects, quantity shortages or incorrect product shipments, must be in default for failure to deliver, unless Seller does not commence to cure such failure made within ten (10) days after receipt of written notice delivery. Failure to notify Seller in writing of failure any visible defects in the products or of quantity shortages or incorrect shipments within such period will be deemed unqualified waiver of any rights to deliver return products on the basis of visible defects, shortages or incorrect shipments. Due to the variability of transit times from worldwide production facilities, Seller reserves the right to ship product one to seven days in advance of Buyer’s requests.

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when All sales are made Ex Works (Incoterms 2000) Seller’s designated FCA point of shipment. In all cases, Seller's title shall pass passes to Buyer and the risk Seller's liability as to delivery ceases upon making delivery of loss or damage material purchased hereunder to any product Buyer's designated carrier at shipping point in transit shall fall upon Buyer, whose responsibility shall good condition. All claims for damages must be to file claims filed with the carrier, when delivery . All shipments will normally be made by Air Freight. Unless specific instructions from Buyer specify which designated carrier is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all casesto be used, the carrier Seller will be regarded as Buyer’s agentexercise his own discretion. Shipping dates Products shall be shipped on the date specified in the accepted purchase order. Such shipment date shall be determined in accordance with the dates specified lead-time agreed upon in a writing by the parties prior to placement of the purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from BuyerSeller. In the absence of written instructions from Buyerevent that Seller anticipates not meeting an agreed upon delivery date, all of the products ordered hereunder shall be packed and prepared for shipment in Seller will notify Buyer with a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practicerevised date, provided that in Seller has given notice at least twenty (20) days before the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name scheduled delivery date. Without derogating from the containers. above, Seller shall not be liable responsible for delay in any failure to perform or late delivery or non-delivery due to arising from causes beyond Seller’s reasonable its control. These causes shall include, including but not limited to acts of Godbe restricted to, fire, storm, flood, earthquake, explosion, accident, acts of Buyer, acts of civil or military authoritythe public enemy, war, riotsrebellion, insurrection, sabotageepidemic, epidemicquarantine restrictions, labor disputes, labor shortages, utility shortagesmanufacturing delays caused by its outside fabrication and manufacturing suppliers, materials shortagestransportation embargoes, or failure or delays in transportation transportation, inability to secure raw materials or inability due to causes beyond Seller's reasonable controlmachinery for the manufacture of its devices, acts of God, acts of the Federal Government or any agency thereof, or any judicial action. In the event of any such delay, the date of delivery shall automatically shall, at the request of the Seller, be extended deferred for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within delay plus ten (10) days after receipt days. In the event of written notice any delay by Buyer, Seller may decline to make further shipments without in any way affecting its rights under such order. If, despite any default by Buyer, Seller elects to continue to make shipments, its action shall not constitute a waiver of failure any default by Buyer or in any way affect Seller's legal remedies of any such default. Right of possession of the Products sold hereunder shall remain with Seller and such Products shall remain personal property until all payments hereunder (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in each, and Buyer agrees to deliver from Buyerdo all acts necessary to perfect and maintain such right and title in Seller.

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when All sales are made Ex Works (Incoterms 2000) Seller’s designated F.O.B. point of shipment. In all cases, Seller's title shall pass passes to Buyer and Seller's liability as to delivery ceases upon making delivery of material purchased hereunder to carrier at shipping point in good condition, the risk of loss or damage to any product in transit shall fall upon carrier acting as Buyer, whose responsibility shall 's agent. All claims for damages must be to file claims filed with the carrier. All shipments will normally be made by Parcel Post, when delivery Railway Express, Air Express or Air Freight. Unless specific instructions from Buyer specify which of the foregoing methods of shipment is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all casesto be used, the carrier Seller will be regarded as Buyer’s agentexercise his own discretion. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt from Buyer of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable responsible for delay in delivery or non-delivery due any failure to perform arising from causes beyond Seller’s reasonable its control, including . These causes shall include but not limited be restricted to acts of Godfire. storm, flood, earthquake, explosion, accident, acts of Buyer, acts of civil or military authoritythe public enemy, war, riotsrebellion, insurrection, sabotageepidemic, epidemicquarantine restrictions, labor disputes, labor shortages, utility shortagestransportation embargoes, materials shortages, or failure or delays in transportation transportation, inability to secure raw materials or inability due to causes beyond Seller's reasonable controlmachinery for the manufacture of its devices, acts of God, acts of the Federal Government or any agency thereof, and judicial action. In the event of any such delay, delay the date of delivery shall automatically shall, at the request of the Seller, be extended deferred for a period equal to the time lost by reason of the delay. For other than these preceding causesIn the event of any delay by Buyer, Seller may decline to make further shipments without in any way affecting its rights under such order. If despite any default by Buyer's Seller elects to continue to make shipments, its action shall not be constitute a waiver of any default by Buyer or in default for failure any way affect Seller's legal remedies of any such default. Right of possession of the products sold hereunder shall remain with Seller and such products shall remain personal property until all pay payments hereunder (including deferred payments whether evidence by notes or otherwise) shall have been made in full in each, and Buyer agrees to deliver, unless Seller does not commence do all acts necessary to cure perfect and maintain such failure within ten (10) days after receipt of written notice of failure to deliver from Buyerright and title in Seller.