Seller hereby expressly rejects all terms and conditions set forth on Buyer's order form which are contrary or in addition to, or which in any way modify, any of the terms and conditions herein. In the event that legal action is taken by Seller, Buyer shall be liable for Seller's reasonable attorney's fees, plus cost of such action. Delivery of all goods covered by this contract shall be F.O.B. Seller's United States facility within a reasonable time of the estimated date for shipment, if any, set forth on the face of this Acknowledgement, but Seller shall in no event be liable for any direct, indirect, special, incidental, consequential or any other damages suffered by Buyer due to a delay in such shipment.
Seller reverves the right to select the means of shipment, point of shipment and routing.
Unless otherwise agreed to in writing, delivery shall be complete upon transfer of possession to common carrier, F.O.B. Seller's facility, whereupon all risk of loss, damage, or destruction to the goods shall pass to Buyer. Unless otherwise stated, all prices quoted by Seller are based on U.S. dollars, F.O.B. Seller's warehouse, include domestic packaging and are effective for the date of quotation only. All taxes, duties or assessments of any kind applicable to goods listed herein shall be added to the purchase price and shall be paid by Buyer, except to the extent that Buyer shall have provided Seller with a tax exemption certificate acceptable to all relevant taxing authorities. Any taxes, duties or assessments imposed by local customs or taxing authorities at the point of delivery are the responsibility of the Buyer. Unless otherwise agreed to in writing, title to the goods shall remain with Seller until all payments hereunder have been made.