3) DELIVERY, TITLE AND RISK OF LOSS:
a) Shipments of any products purchased are subject to CMI’s availability schedule. CMI shall make every reasonable effort to meet any delivery date(s) quoted or acknowledged. However, CMI shall not be liable for its failure to meet such date(s).
b) Buyer may reschedule shipment one time upon no less than [thirty (30) days] advance written notice to CMI, with the rescheduled date being no later than sixty days after the original shipment date.
c) Unless otherwise specified by CMI, delivery shall be made and title shall pass F.O.B. destination, freight prepaid and invoiced to Buyer, except that a security interest in the Products shall remain in CMI until
CMI Standard Terms July 2014 full payment has been made. Upon CMI’s request, Buyer shall execute any financing or continuation
statement or other document required to protect CMI’s security interest in the Product(s). Failure by Buyer to pay any amount due hereunder shall constitute a default and in such event CMI shall, in addition to any other remedies available to it under applicable law, have all the rights of a secured party under the Uniform Commercial Code of the State of Connecticut. CMI may, at its option, repossess the same upon Buyer’s default in payment and charge Buyer with any deficiency. Buyer waives its right to any judicial hearing prior to or subsequent to any such repossession.
d) Buyer will comply with all applicable laws and shall not export any Products or information relating thereto except in accordance with all applicable U.S. laws and regulations controlling the export of technical data.
4) EXCUSABLE DELAYS:
CMI shall not be liable for delays in delivery or performance, or for failure to manufacture, deliver or perform, due to (a) a cause beyond its reasonable control, or (b) an act of God, act of Buyer, act of civil or military authority, Governmental priority, strike or other labor disturbance, flood, epidemic, war, riot, delay in transportation or carriage shortage, or (c) inability on account of a cause beyond the reasonable control of CMI to obtain necessary materials, components, services or facilities, or (d) other unforeseen events. CMI will notify Buyer promptly of any material delay excused by this paragraph and will specify the revised delivery date as soon as practicable. In the event of any such delay, there shall be no termination and the targeted date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay.