1. Shipping: Ashcroft Furniture Co will arrange shipment to the name and address set forth on the Purchase Order and in accordance with the shipping method set forth on the Purchase Order. All shipping fees and costs are non-refundable.
Ashcroft Furniture Co would drop ship orders without an additional fee to the dealer unless the dealer requests palletized shipping. In this case, Ashcroft Furniture Co charges a reasonable $50 fee per pallet to offset the cost of the shipping materials and extra labor. All applicable shipping fees and costs are non-refundable. All fees will be itemized on the invoice sent with the shipment.
Buyer will have the option to ship on the Buyer’s account or on account of Ashcroft Furniture Co, pursuant to the terms and conditions stated below:
(a) Shipping on Buyer’s Account; Risk of Loss. If the Buyer elects to ship on Buyer’s account, the Buyer will be responsible for all shipping costs, including, but not limited to, insurance costs. Risk of loss shall pass to Buyer immediately upon delivery by Ashcroft Furniture Co to the carrier. Ashcroft Furniture Co will provide cooperation should Buyer assert a claim against any carrier or insurance company to recover any loss of the Product during transit.
(b) Shipping on Ashcroft Furniture Co’s Account; Risk of Loss. If the Buyer elects to ship on Ashcroft Furniture Co’s account, Ashcroft Furniture Co will arrange a carrier for a fee of 5% of the total purchase price of the Product(s), and risk of loss in transit shall lie with Ashcroft Furniture Co until the Products are delivered by the carrier, unless otherwise stated in the Purchase Order. This fee is in addition to the drop ship fee and the carrier’s shipping cost.
2. Delivery Date: Backorders. Any date of delivery furnished by Ashcroft Furniture Co to Buyer is determined from the later of (i) the date of Buyer’s Purchase Order or (ii) the date Buyer and Ashcroft Furniture Co agree to payment terms. Ashcroft Furniture Co shall use commercially reasonable efforts to comply with specified dates. The date is only an estimate of the date of delivery, not a guarantee, and Ashcroft Furniture Co shall not be liable for any delays in the delivery date or shipment of Products. If the Products cannot be shipped or delivered as set forth above, Buyer shall have the option to terminate the Purchase Order with respect to any of the Products. Any Product that is placed on backorder will be shipped promptly when available unless canceled in writing by the Buyer prior to shipment.
3. Force Majeure: If any act of God, acts of government, fire, unforeseeable severe weather or flood, or other unforeseeable causes beyond the reasonable control of Ashcroft Furniture Co delay the shipment or delivery of Products pursuant to these Terms and Conditions of Sale, the delivery date or time for completion may be extended as reasonably necessary to overcome the effect of such delay.