Shipping Agreement

Shipping Agreement

Cummins Inc. ("we") agrees to sell and Buyer ("you") agrees to buy from Cummins at our branch located at 390 Interlocken Crescent, Suite 200, Broomfield, CO 80021, subject to the terms and conditions of this Agreement. We will coordinate the shipping of the Product to you via a third party common carrier on your behalf and you hereby agree and acknowledge that delivery of the Product, including the transfer of title and risk of loss, will occur at the time and location your Product is loaded onto the common carrier's transport (i.e., FOB shipping point) from Cummins' distribution center located at 4155 Quest Way, Memphis, Tennessee 38115. The carrier will insure your Product while in transit and you will be the beneficiary of any claims for damage to the Product or losses occurring while the Product is in the possession of the common carrier.