Except as may otherwise be specified.

The price and other charges herein are in U.S. Dollars. Payment shall be made to the seller in federal funds and at the Seller’s option either against invoice, or bills of lading, or shipping documents. All taxes imposed, duties or governmental charges are under any present or future law in respect of the material are for the account of the Buyer, whether or not such amounts are deemed payable by the Seller or not.

Shipping instructions must be received no later than the tenth day of the month preceding the month of shipment and if not so received, Seller may invoice the material on the shipment date as if shipped, sell it for the Buyer’s account or ship it at Seller’s convenience. Partial shipments are permitted. Any increase in freight charges effective after the date of this contract is for the account of the Buyer.

Seller shall not be responsible for any delay (whether material or not) in, or failure of, shipment or delivery due to any occurrence commonly known as force majored, including (but not limited to any of the following: Loss or destruction of the material, failure of transportation facilities, interruption of, or delays in transportation, strikes, or controversies of any nature with employees (whether of Seller’s or others), interruption of or delays in, transportation of materials or supplies used in the production, treatment or processing of the materials at mines or plants, breakdown of equipment at mines or plants, explosions, fires, floods, accidents to personnel or equipment, wars (domestic or foreign) riots, revolutions, rebellions, blockades, embargoes, applicable foreign or domestic governmental acts, restrictions, requisitions, regulations or orders (whether or not later proved to be invalid) failure of any of Seller’s suppliers to make delivery to Seller, and any other contingencies beyond Seller’s reasonable control affecting Seller’s ability, in the light of its outstanding contracts (and

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