DELIVERY AND RISK OF LOSS
Unless otherwise designated in writing, all goods are delivered EX WORKS (INCOTERMS 2020) at the Warren CAT location designated on the front page of this form. If the delivery is designated at any Warren CAT Drop Box or similar “drop box” location of the Customer, the delivery is deemed to have occurred when the good is placed into such drop box and all risk of loss for the goods transfers to the customer—including any loss or damage from theft, vandalism, fire, or act of God. Seller shall accept as conclusive proof of delivery documentation of Warren CAT that the goods were delivered to the drop box including a written acknowledgement from the person designated by Warren CAT to deliver the goods that the goods were delivered. SELLER MAKES NO WARRANTIES OF WHATSOEVER NATURE, EXPRESS OR IMPLIED, CONCERNING THE WARREN CAT DROP BOX, IT BEING THE INTENTION OF SELLER AND PURCHASER TO NEGATE EXPRESSLY AND TO EXCLUDE ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE DROP BOX AND ANY OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE UNIFORM COMMERCIAL CODE OR SIMILAR LAW AS ADOPTED IN THE STATE OF TEXAS OR ANY OTHER JURISDICTION. PURCHASER WAIVES ANY CLAIM IT HAS AGAINST SELLER FOR ANY LOSS, DAMAGE OR EXPENSE CAUSED BY THE USE OF THE WARREN CAT DROP BOX OR BY ANY DEFECT IN THE WARREN CAT DROP BOX, USE OR MAINTENANCE OF THE WARREN CAT DROP BOX OR SERVICING OR AD-JUSTMENT TO THE WARREN CAT DROP BOX, AND USES THE WARREN CAT DROP BOX AS-IS. PURCHASER REPRESENTS TO WARREN CAT THAT PURCHASER HAS NOT RELIED ON ANY STATEMENT OF WARREN CAT RELATED TO THE DROP BOX.