Power Plate Shipping time & Delivery Info

A. F.O.B. shipping point shall be PHS warehouse unless otherwise specified. Risk of loss with respect to PHS products shall pass to Buyer at the time of delivery of the products to the carrier for shipment. The Buyer assumes all risk involved in the transportation and handling of the equipment or goods once it has left the PHS warehouse, including, but not limited to, damage during shipment. The Buyer is advised that inspection should be made of any equipment or goods before accepting delivery. Acceptance of delivery constitutes acceptance of goods. The Buyer must file its own claim for any type of damages directly with the carrier in the event of any loss or damage during transportation, and must make payment for any equipment of goods purchased from PHS regardless of any dispute the Buyer may have with any carrier or agents.

B. PHS will attempt in good faith to ship on or before any scheduled shipment date. Buyer acknowledges that PHS may, occasionally be subject to manufacturer production or shipping delays. In such event, Buyer agrees that PHS may, in its sole discretion, allocate distribution of PHS’ products among its customers, notwithstanding the effect such allocation may have on Buyer’s outstanding orders, and PHS will not be liable for any damages, however described or arising, for a good faith failure to fill any order or for delay in meeting a scheduled shipment date. PHS may provide reasonable notice to Buyer regarding any material delay in shipment.

C. PHS will use its best efforts to deliver as specified, but in no event will PHS be liable for any damage, consequential or otherwise, arising from any failure of PHS to meet any delivery date.

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