(a) Unless otherwise agreed by Customer and Company, delivery shall be FOB Company’s manufacturing plant. Title and risk of loss shall pass to Customer at Company’s manufacturing plant. Selection of carrier is reserved by Company. Any increase in delivery costs resulting from Customer’s instructions to the carrier or from receiving delays caused by Customer shall be charged to Customer’s account. Commercially reasonable efforts shall be made to deliver goods at the desired time, however delivery dates are not guaranteed. (b) Production and delivery of products are subject to restrictions, labor difficulties, civil disturbances, accidents, fi res, flood, windstorm, government regulations, delays of carriers including but not limited to railcar shortages, shortage of raw materials, energy, or acts of God, and any other cause (whether or not similar to causes listed above) beyond Company’s reasonable control (“Force Majeure Event”). During any such Force Majeure Event, the Company shall be excused and not liable for delay in delivery, inability to deliver or failure to deliver or perform its obligations hereunder, and Company shall have the right to allocate its available supply among its customers in its sole discretion. (c) Company shall retain a security interest in all products supplied to Customer until Company is paid in full for any amounts owed to Company by Customer, and the Company shall have the right to file any documents necessary to establish protection of such security interest in the products.
