Shipping policy

From the date on which Company transmits to you its Receipt of your Order (the “Receipt Date”), it is the goal of Company to transfer your completed Order to the custody of the applicable carrier for delivery under the shipping method you selected (the “Transfer”) not later than 5:00 pm CST on the tenth (10^th) business day after such Acceptance Date (excluding Saturdays, Sundays, and legal/Company holidays).  Notwithstanding this goal, because of seasonal demands, order backlogs, supply chain disruptions, or other exigencies beyond the control of Company, Company may not be able to meet this Transfer goal in respect to an Order.  Subsequent, then, to its transmission to you of its Receipt of your Order, Company shall, not later than the Transfer of your Order product to the carrier for shipment, inform you of the date of such Transfer, which date shall reflect any time adjustments necessitated by any of the foregoing exigencies apparent to Company. 

 

Your Order will be deemed to have shipped upon the date of such Transfer (the “Shipment Date”), irrespective of the date upon which the carrier thereafter may commence physical shipment of your Order.  You are entirely responsible for ensuring that, based upon the Shipment Date / Transfer date noted in your Order Acceptance, you have selected a carrier, shipping method, and anticipated delivery date that meets your business requirements. 

 

Title to your Order product, and risk of loss or damage to such product, shifts to you on Company’s completion of the Transfer to the carrier on the Shipment Date.  You should, therefore, ensure that you have first party property insurance coverage in place not later than the anticipated Shipment Date that will insure you against loss or damage to your property while in transit with the carrier to the destinations you have designated.  Company is not responsible for damage to, or loss or theft of, your property after the Transfer. 

 

If, for whatever reason, Company is unable to complete Transfer of your Order to the carrier on or before the Shipment Date set forth in the Acceptance (a “Shipment Delay”), Company reserves the right to make up any potentially resulting delivery delay (“Delivery Delay”) by arranging for a more expedited shipping method for your Order than you have selected, with the incremental cost increase for such expedited shipping method to be paid by Company (“Expedited Shipping”).  Use by Company of such Expedited Shipping shall constitute the parties’ agreement to an extension of the original Shipment Date to such new Shipment Date under these Terms of Use, but shall not alter or nullify your assumption of product ownership and risk of loss upon such new Shipment Date. 

 

If Company’s Expedited Shipping cannot eliminate all Delivery Delay caused by a Shipment Delay, Company agrees to refund to you three (3) percent of the Payment (exclusive of any taxes, shipping costs, and/or pallet acquisition expenses) for each day of Delivery Delay not exceeding the Shipment Delay, except for any portion of such Delivery Delay caused by the carrier (a “Late Shipment Fee”).  Such Late Shipment Fee shall be your sole and exclusive remedy against Company for any Shipment Delay, and Company shall not be liable to you for any other direct, incidental, consequential, or special damages of any kind or type directly or indirectly caused by the Shipment Delay.