Lead times and shipping dates are approximate and are based upon prompt receipt of all necessary information.
The Company shall not be liable for delays in delivery or in performance or failure to manufacture or deliver, due to (1) causes beyond its reasonable control, or (2) acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fire, strikes, or other labor disturbances, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability on account of causes beyond its reasonable control to obtain necessary labor, materials, components, or manufacturing facilities. In the event of any such delays, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay.
Delivery of equipment to a carrier at Midwest Electric Products, Inc. plant or any other shipping point shall constitute delivery to the Purchaser, and title and all risk of loss or damage in transit shall pass to the Purchaser at that time regardless of freight payment.
All claims for loss and damage must be made by the Purchaser to the carrier. All claims for loss and damage must be made by the Purchaser to the carrier. All claims for shortages or other errors must be made in writing to Midwest Electric Products, Inc. within 30 days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by purchaser.