Acceptance and DeliveryAcceptance. Each order placed by EP shall constitute a binding agreement on ALDA to sell and ship, and of EP to purchase and pay for, Products specified under the terms and conditions of this Agreement.Inconsistent Terms in an OrderIn the event any terms or conditions contained in EP's purchase order are inconsistent with the terms of this Agreement, such inconsistent terms or conditions in the order shall be null and void and shall not be binding on ALDA.Shipment of Products All Product shipments shall be made FOB ALDA and liability for loss or damage in transit, or thereafter, shall pass to EP upon ALDA’s delivery of Product to carrier for shipment. ALDA may prepay / EP shall bear all costs of transportation and insurance and will promptly reimburse ALDA if ALDA prepays or otherwise pays for such expenses. ALDA shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labor shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from Distributor, or otherwise arisen out of causes beyond the control of the Company. Nor shall the Company at any time be liable for any incidental, special or consequential damages, whether based upon lost goodwill, lost resale profits, work stoppage, impairment of or breach of contract, negligence or such other actions as may be deemed or alleged to be the cause of a loss or damage to such a person by reason of any delay in shipment or the failure of ALDA to ship any Products.