Warranty

6. Term for Delivery
6.1 Notwithstanding anything to the contrary, the terms and timing of delivery set forth in
Jakob’s Confirmation of Order shall govern the delivery of materials and deliverables to
Buyer. The term for delivery shall not begin until such time as the Contract documents are
completed, signed and duly exchanged, and all essential terms and technical matters have
been settled.
6.2 The time for delivery shall be reasonably extended in the event of delays that are caused by
others or beyond the control of Jakob, including but not limited to the following: cases of
force majeure; late or incorrect supply of necessary raw materials, semi-finished or finished
products; notification that important work pieces have been found defective; accidents;
strikes or labor disputes; riots, public disturbances or acts of war; operational disturbances;
interruptions caused by severe weather or natural disasters; acts of God; refusal to accept
delivery or improper rejection of Jakob’s shipment or deliverables; actions of public
authorities or those with authority over applicable facilities or the jobsite; acts or omissions
of shipping or transit companies or customs authorities; or other material matters outside
of Jakob’s control or otherwise unavoidable by Jakob.
6.3 The time for delivery shall be reasonably extended if the data needed by Jakob to fulfill its
contract obligations is not provided by Buyer in a timely manner or if Buyer subsequently
modifies the data or specifications of the job. In the absence of an express agreement to
the contrary, the Buyer shall have no right or claim against Jakob due to delays, except in
the event that such delays result from the intentional unlawful acts or gross negligence of
Jakob. Notwithstanding anything to the contrary, in no event shall Jakob be responsible
for any consequential or indirect damages.
7. Transfer of Benefit and Risk, Insurance
7.1 All transportation shall be at the risk of the Buyer. It is Jakob’s general policy to purchase
transportation insurance at Buyer's expense. Buyer shall promptly communicate any
particular requirements for transportation and insurance at the outset of the relationship.
Complaints and any damages that may arise in connection with shipment or transportation
are to be directed by the Buyer to the last carrier, with a copy to Jakob, immediately upon
the earlier of the receipt of Jakobp’s deliverables or the shipping documents, and in no event
more than five calendar days thereafter.
7.2 Jakob shall not be responsible for any delays or errors caused by shipping companies or
third-parties. In no event shall Jakob be responsible for refunding any charges related to
or arising in connection with transportation, shipping, transit, customs, duties, taxes, import,
export or the like.
8. Examination and Acceptance of Deliveries
8.1 The Buyer shall timely examine and inspect all deliveries within five days of receipt and inform
Jakob in writing of any deficiencies in the quality or quantity of the deliverables. If Buyer
fails to timely report such deficiencies, the deliverables are deemed to be approved and
accepted.