Shipping Terms and Conditions
These terms and conditions are applicable to all purchases of Pool Products shipped from Latham’s facilities. All capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Latham Dealer Agreement and the terms and conditions thereof.
Title and risk of loss with respect to all Pool Products transfers to Dealer upon the Pool Products being made available to Dealer or a carrier for shipment at Latham’s facility, regardless of the means of transportation. Shipping may be by one of three means, which shall be specified by Dealer in the applicable order for Pool Products accepted by Latham:
Dealer Directed Shipping. Dealer will make arrangements with a carrier or utilize its own vehicle(s) to pick-up, ship and deliver the Pool Products. Dealer will be responsible for all transportation charges. If, for any reason transportation of Pool Products ordered are not be accepted by the Dealer’s carrier or Dealer’s vehicle(s) (as applicable), Latham shall have the right to cause such Pool Products to be delivered to a bonded warehouse for storage at the expense of the Dealer, and such delivery shall be conclusively deemed delivery of such goods to the Dealer.
Latham Selected Carrier. Latham will make arrangements with a carrier to pick-up, ship and deliver the Pool Products. Transportation charges under this option will be the responsibility of Dealer and will be added to the invoice for the applicable Pool Products. Transportation charges are as follow:
a. Fiberglass Pool Shells. Actual transportation costs of the carrier, including tolls, dimension/weight permits, pilot vehicle costs, and other associated costs, as invoiced by the carrier.
b. Packaged Pools (including vinyl liners and all associated components). Transportation charges will be the greater of (a) 11% of the purchase price for Packaged Pools and all associated components, or (b) $40.00 per liner (for vinyl liners only).
c. Pool Covers. Transportation charges of $40.00 per cover.
Latham Delivery. Transportation charges will be as quoted by Latham in writing to Dealer.
Regardless of the manner of delivery, unless otherwise agreed in writing by Latham and Dealer, Latham will deliver the Pool Products to the closest public roadway to the address outlined on the invoice. Dealer is responsible for any damages to the Pool Products caused by failure to move the Pool Products from the public roadway after delivery. In the event an alternative location is agreed upon for delivery, Dealer shall be responsible for any increase in cost.