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 Builder Agreement and the terms and conditions thereof.
Manner of Shipping. Shipping may be by one of three means, which shall be specified by Builder in the applicable order for Pool Products accepted by Latham:
a. Builder Directed Shipping. Builder will make arrangements with a carrier or utilize its own vehicle(s) to pick-up, ship and deliver the Pool Products. Builder will be responsible for all transportation charges. If, for any reason transportation of Pool Products ordered are not accepted by the Builder’s carrier or Builder’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 Builder, and such delivery shall be conclusively deemed delivery of such goods to the Builder. If the Builder’s vehicle sent to ship the Pool Products are not deemed safe by Latham personal, Latham reserves the right to refuse to load without any penalty to cover any expenses.
b. 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 Builder and will be added to the invoice for the applicable Pool Products. Transportation charges are as follow:
i. 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.
ii. Packaged Pools (including vinyl liners and all associated components).
1. Latham-branded. 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).
2. GLI-branded. Transportation charges are $75.00 per liner.
iii. Pool Covers.
1. Latham-branded Winter and Safety Covers. Transportation charges of $40.00 per cover.
2. GLI-branded Winter and Safety Covers. Transportation charges of $75.00 per cover.
3. Autocovers (Coverstar-branded and Pool Cover Specialists-braded). Actual transportation costs of the carrier, including tolls, dimension/weight permits, pilot vehicle costs, and other associated costs, as invoiced by the carrier.
c. Latham Delivery. Transportation charges will be as quoted by Latham in writing to Builder.
Location. Regardless of the manner of delivery, unless otherwise agreed in writing by Latham and Builder, Latham will deliver the Pool Products to the closest public roadway to the address outlined on the invoice. Builder 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, Builder shall be responsible for any increase in cost.
Delivery of Pool Products. Latham shall not be liable for delay or default in delivery. Shipment of Pool Products shall be F.O.B. point of shipment. All responsibility of Latham ceases upon delivery of the Pool Products to a common or independent carrier, to the Builder, or to a specified location (taking into consideration Section 2 above), at which time all risk of loss is transferred to Builder. Latham shall not be liable to Builder for Pool Products that are damaged or lost while in the possession of a common carrier, and it will be Builder’s responsibility to recover any and all losses from damage directly from the carrier. In the event Latham is not using a common or independent carrier to deliver Pool Products, but is itself delivering the Pool Products, Builder shall provide Latham the location to which delivery is to be made. Once Latham delivers the Pool Products to the specified location (or to the closest public roadway as the case may be), Builder shall assume full responsibility for the Pool Products, and under no circumstance shall Latham be liable to Builder for Pool Products that are damaged or lost while at such location. Latham does not provide insurance coverage for shipments beyond the point of delivery to common or independent carriers or to a specified location, as the case may be. All quotations and agreements are subject to delay caused by the happening of some event beyond Latham’s reasonable control, including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or destruction of goods, manufacturers’ shortages, inability to obtain materials, fuels, or supplies, acts of God or any other circumstance whatsoever beyond Latham’s control.