The prices and terms on quotes/invoices are not subject to verbal changes or other agreements unless approved in writing by the Hollister & Blacksmith, Inc. (“Company”). Prices and lead-times are based on costs and conditions existing on date of quotation/invoice and are subject to change by the Seller before acceptance of the Buyer’s order to this Price Quotation/Invoice.
LEGALITY OF BUSINESS ACTIVITIES.
I further acknowledge, attest, and understand that products being purchased can be used to, but not limited to, cultivate, manufacture, and/or process cannabis, which is legal in accordance with state laws in certain states within the United States and in some countries outside of the U.S.A., while it is illegal under United State Federal law. The Customer further acknowledges that the Company is not aiding or abetting the Customer to perform illegal activities and holds the Company harmless in case of any legal issues or actions. Further, Customer represents that it is not in breach of the following eight guidelines released by the United States Department of Justice: 1) the distribution of marijuana to minors; 2) revenue from the sale of marijuana going to criminal enterprises, gangs and cartels; 3) the diversion of marijuana from states where it is legal under state law in some form to other states; 4) state authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; 5) violence and the use of firearms in the cultivation and distribution of marijuana; 6) drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; 7) growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; 8) marijuana possession or use on federal property. The customer further understands that the Company is relying on this statement to provide supplier(s) and product(s) to only legally operating cannabis businesses.
Products being purchased can be used to, but not limited to, cultivate, manufacture, and/or process cannabis which is legal under certain state laws in certain states the United States and in some countries outside of the U.S.A., while it is illegal under United State Federal law. The Customer further acknowledges that Company is not aiding or abetting the Customer to perform illegal activities. Purchaser represents and acknowledges that items purchased will not be misused for any illegal purpose under all applicable state and federal laws. Further, Customer represents that it is in not in breach of the following eight guidelines released by the United States Department of Justice on September 29, 2013: 1) the distribution of marijuana to minors; 2) revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels; 3) the diversion of marijuana from states where it is legal under state law in some form to other states; 4) state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; 5) violence and the use of firearms in the cultivation and distribution of marijuana; 6) drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; 7) growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; 8) preventing marijuana possession or use on federal property.
PRICES, TERMS AND CONDITIONS.
Conditions not specifically stated herein shall be governed by established trade customs. Terms inconsistent with those stated herein which may appear on Buyer’s formal order will not be binding on the Seller.
The Seller shall not be responsible for any failure to perform or delay in performance, whether in manufacturing, delivery or otherwise, due to causes beyond its control. These causes shall include, but not be restricted to, fire, storm, flood, earthquake, destruction of plant or facilities, explosion accident, act of public enemy, war (whether declared or undeclared), rebellion, insurrection, riot, sabotage, epidemic, quarantine restriction, labor dispute, labor shortage, strike, lockout, blockade, transportation or other embargo, failure or delay in transportation, inability to secure raw materials, failure of machinery for the manufacture of its products, acts of God, acts of the United States or any other federal government or any agency thereof, acts of any state or local government or agency thereof, and judicial action, or any other case whatsoever, whether similar or dissimilar to those hereinbefore enumerated, all whether foreseen or unforeseen.
Typographical and stenographic errors on this Price Quotation/Invoice are subject to correction.
DELIVERY & TITLE TRANSFER.
All shipments by Company are F.O.B Denver and the amount of all transportation charges including any applicable import/export taxes, clearance, custom, and other related fees, will be paid to Company by the Customer in addition to the purchase price of the Products. Subject to Company’s right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Company will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by Company are estimates only and that Company will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Company unless specifically designated by Customer. Company reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
Company agrees to transfer to Customer whatever transferable warranties Company receives from the manufacturer of Products sold to Customer. Company makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, COMPANY MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. Company’s liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer for such Products (without interest), or (2) Repair and/or replacement of such Products, at Company’s election, with such remedies exclusive and in lieu of all others. Customer must notify Company within 90 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer’s obligations and Company’s remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered or altered in any way.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer’s recovery from Company for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY COMPANY AND INCORPORATED INTO THE CUSTOMER’S PRODUCT.
PRODUCT SAFETY NOTICE AND RESTRICTIONS.
Products are intended for commercial use only. Company does not determine the specifications or conduct any performance or safety testing of any products that it sells. Company does not participate in any product safety engineering, product safety review or product safety testing. Company cannot provide any safety testing, safety evaluation or safety engineering services.