Although Seller has attempted to ensure that the inventory availability of Products is properly designated on the Web site for many Products, Seller acknowledges that from time-to-time even those Products designated as in inventory will not be available at time of shipment. Any dates quoted for delivery of the Product are approximate only and Seller will not be liable for any delay in delivery of the Product however caused. Time for delivery will not be of the essence of this agreement unless previously agreed by the Seller in writing. Seller reserves the right to substitute alternate products with equivalent specifications for those ordered. Buyer shall have the right to return any substituted products at no charge. Seller further reserves the right to make delivery in installments for those items of an Order, which are available for immediate shipment, and to separately charge Buyer’s credit card account for any such items delivered. The foregoing sets forth Seller’s entire obligation with regard to Product availability and shipment delays. Seller shall not be liable for any late shipment or any failure to ship any Product(s).
Immediately upon receipt of Product(s) shipped hereunder, Buyer shall inspect the Products and promptly notify Seller in writing of any claims for order or shipping errors, shortages, defects or damages and shall hold any such goods for Seller’s written instructions concerning disposition. If Buyer fails to notify Seller within ten (10) days after receipt of Products, such failure shall constitute a waiver of Buyer’s rights of inspection and rejection and the Products shall conclusively be deemed to conform to the terms provided herein and shall be irrevocably accepted by Buyer. If the Buyer fails to take delivery of the Product(s) or fails to give Seller adequate delivery instruction at the time stated for delivery, otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault, then, without prejudice to any other right or remedy available to Exotic Vapors: (i.) Seller may store the Product(s) until actual delivery and charge the Buyer for all reasonable costs, including insurance, of storage; or (ii.) sell the Product(s) at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the shortfall to the credit card account authorized by the Buyer or account to the Buyer for the excess over the price charged to the Buyer.
Buyer may cancel an Order prior to shipment provided Seller approves a cancellation. Buyer shall pay all of Seller’s costs, losses and anticipated profits relating to such cancellation. Seller shall have the right to cancel the agreement upon prior notice to Buyer and upon such cancellation shall have no further duties or obligations to Buyer hereunder.
Delivery Terms will be F.O.B. Seller’s shipping point; identification of the Product(s) is to occur when it leaves Seller’s shipping point at which time title and risk of loss will pass to Buyer. Unless specified by Buyer, Seller shall select the mode of transportation and the carrier. All right, title and interest in and to all items covered by Buyer's order are reserved to Seller until the full purchase price for all such times has been paid. Buyer hereby authorizes Seller to execute and file, at any time or times, one or more financing statements with respect to such items, signed only by Seller.