5. DELIVERY AND QUANTITIES
a) Unless otherwise set forth on the order confirmation, all shipments of Products are Ex Works (Incoterms 2020) from the applicable SPACEKIT distribution or manufacturing facility, at which point the Products shall be deemed delivered. Delivery dates communicated or acknowledged by SPACEKIT are approximate only, and SPACEKIT shall not be liable for, nor shall SPACEKIT be in breach of its obligations to Buyer, for any delivery made within a reasonable time before or after the communicated delivery date. SPACEKIT agrees to use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that it provides all necessary order and delivery information sufficiently prior to such delivery date.
b) Buyer will give SPACEKIT written notice of failure to deliver and thirty (30) days within which to cure. If SPACEKIT does not deliver within such a thirty (30) day period, Buyer’s sole and exclusive remedy is to cancel the affected and undelivered portions of the Agreement.
c) Buyer must give SPACEKIT written notice of any damage that occurred during shipping, or any missing items from order, within 3 days of delivery for appropriate replacement or credit.
d) Title in the Products and risk of loss in the Products shall pass to Buyer upon delivery to the first carrier at the SPACEKIT distribution or manufacturing facility.
e) If Buyer fails to take delivery of Products ordered, then SPACEKIT may deliver the Products in consignment at Buyer’s cost.
f) In the event SPACEKIT production is curtailed for any reason, SPACEKIT shall have the right to allocate its available production and Products, in its sole discretion, among its various customers and as a result may sell and deliver to Buyer fewer Products than specified in the Agreement, as the case may be.
g) If an Order is canceled less than three (3) days from Order placement date, SPACEKIT will refund 100% of the Order Price; If an Order is canceled three (3) to five (5) days from Order placement date, SPACEKIT will refund 50% of the Order Price; There will be no refund for any Orders canceled after five (5) days from the Order placement date.