STANDARD TERMS AND CONDITIONS OF SALE
The following Standard Terms and Conditions of Sale (these “T&Cs”) are applicable to any order placed by you (“Buyer”) and accepted by Coast to Coast Natural, Inc. (“CTCN”).
- SCOPE OF AGREEMENT. CTCN, upon acceptance of a purchase order (“Order”), will supply the products specified in the Order. CTCN’s acceptance of any Order submitted by Buyer is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary or additional provision contained in Buyer’s purchase orders, invoices, acknowledgements, or other documents (in whatever form, printed or electronic, or whether before or after the Order date) do not constitute terms and conditions of sale between CTCN and Buyer, and CTCN expressly rejects and does not accept them. The details of each Order (e.g. quantity, price, delivery destination, etc.) will be set forth in the Order. The current list of CTCN products (“Products”) can be found at https://oliversharvest.com/ Product listings and price lists are subject to change without notice. Wholesale pricing is provided by your account manager.
- PRICE AND TERMS.
- Payment will be made at the time of Order.
- All prices exclude shipping and taxes (see Section 4 for definition of taxes).
- Unless otherwise specified in an Order, products will be delivered FOB CTCN’s manufacturing facility and will be shipped to Buyer via carriers selected by CTCN.
- MINIMUM ADVERTISED PRICING. Buyer will comply with the requirements and restrictions contained in CTCN’s attached Minimum Advertised Pricing (“MAP”) policy.
- TAXES. Buyer will be responsible for collection and payment of all taxes associated with the sales of products to Buyer customers and remittance of such taxes to the applicable tax authorities. CTCN agrees that no tax will be charged to Buyer, provided Buyer provides, or has previously supplied, CTCN with any appropriate tax exemption certificate(s). For purposes of this Agreement, the term “taxes” means all sales taxes, taxes on goods and services, value added and consumption taxes, use taxes, excise taxes, import and export fees, regulatory fees, levies or similar charges and duties assessed or required to be collected or paid for any reason in connection with the promotion, offer, sale or fulfillment of any products by CTCN in connection with the sale of products by Buyer to its customers. Buyer hereby indemnifies CTCN from any liability, assessments, or costs (including reasonable attorneys’ fees) incurred by CTCN that are attributable to Buyer’s non-payment of taxes under this Section 4.
- RETURNS. ALL SALES ARE FINAL. No returns accepted.
- LICENSE/INTELLECTUAL PROPERTY.
- Buyer acknowledges that nothing contained in the Agreement transfers to Buyer any right, title or proprietary interest, in any part of the products, intellectual property, or any confidential or proprietary information of CTCN, including without limitation any trademarks, service marks, trade dress, trade names, or logos (the “CTCN Marks”).
- CTCN grants to Buyer a non-exclusive, limited, non-transferable, royalty-free license to use the CTCN Marks solely for the purpose of carrying out Buyer’s obligations under the Agreement, including without limitation the advertising, marketing, and related activities. Buyer acknowledges and agrees that CTCN Marks will only be used as directed by CTCN.
- Buyer further acknowledges and agrees that any and all of the goodwill that is created by or results from Buyer’s use of the CTCN Marks inures solely to the benefit of CTCN.
- WARRANTY. CTCN warrants that all products are (i) free from defects for a period of 30 days from the date of the Order; and (ii) conveyed free and clear of all liens arid encumbrances arising from
CTCN’s activities. CTCN EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
- ADDITIONAL DISCLAIMERS.
The products sold by CTCN are intended solely for purchasers located in the United States. It is up to Buyer to determine whether purchasing CTCN products is legal in the state where Buyer is located. Purchase of our products is at Buyer’s own risk, and Buyer is responsible for compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances.
Buyer fully understands Buyer is purchasing products that have not been evaluated or approved by the U.S. Food and Drug Administration. Some CTCN Products are made from full spectrum hemp oil, which depending on the product may inlude trace amounts of THC well within the legal limit of 0.3% in accordance with the Federal Farm Bill of 2014.
CTCN products comply with FDA regulations in so far as CTCN makes no claims that any CTCN products treat or benefit any conditions. If You decide to purchase any CTCN products. You understand You do so at Your own opinion or conclusion that these hemp products may give You or Your customers any additional benefits in your day to day life. We recommend consulting a physician before using any CTCN products.
Buyer is solely responsible to ensure that its customers are aware of these disclaimers.
- INDEMNITY. Buyer will indemnify, defend and hold harmless CTCN, its officers, directors, employees, agents and shareholders, from and against any and all third-party claims, actions, proceedings, liabilities or losses including, without limitation, reasonable attorneys’ fees, arising from or based on the purchase of any CTCN products.
- LIMITATION OF LIABILITY. CTCN WILL NOT BE LIABLE TO BUYER (WHETHER IN CONTRACT, WARRANTY, TORT OR FOR CLAIMS OF NEGLIGENCE, PRODUCT LIABILITY OR OTHER CLAIM) FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA; OR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF CTCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
- MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties regarding the sale of products. Each party will comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement. This Agreement shall be governed by the laws of the State of Florida, without regard to its choice of law or conflicts of law provisions. The parties further agree that any legal action will be commenced in a federal or state court in West Palm Beach (Palm Beach County), Florida, and each party to this Agreement irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding and each party waives any objection based on inconvenience of forum.
WITH RESPECT TO ANY LITIGATION ARISING OUT OF AN ORDER OR THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY TRIAL AND AGREE THAT ANY SUCH LITIGATION WILL BE TRIED BY A JUDGE WITHOUT A JURY AND ANY RIGHT TO A TRIAL BY JURY.
The prevailing party in any such litigation and appeals will be entitled to recover its expenses, including reasonable attorney’s fees, from the other party.