RISK OF LOSS. The risk that the ordered goods may be lost, damaged or delayed in transit shall be borne by the Seller until actual receipt of them by Trek in conformity with the terms of this Order unless
Trek specifies a mode of transportation and carrier on the face hereof and Seller complies with such specification, in which case the risk of loss, damage or delay will pass to Trek upon Seller’s timely delivery of the goods, properly packaged and with suitable shipping documents, to the carrier for delivery to Trek. Additional expenses, charges or claims incurred as a result of deviation from the specified route, non-compliance with other shipping instructions, or improper description of the shipment in shipping documents shall be the Seller’s responsibility.