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Terms and Conditions

 

**Notice:

Homegrown Essentials shall be not held liable for any improper or incorrect use of the information or services on this website and assume no responsibility for anyone's use of the information or services. Homegrown Essentials shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website, or by using this website.

1       Entirety of the Agreement.

(a)    These Terms and Conditions, together with any terms stated on the face of any agreement incorporating theses Terms and Conditions, constitute the entire agreement between Seller and Buyer with respect to the goods sold and supersedes and replaces any prior or contemporaneous agreement between Seller and Buyer with respect thereto (hereinafter “Agreement”).

(b)    Formation of any contract for sale is expressly made conditional upon Buyer’s assent to the Agreement.

(c)    Seller objects to and will not be bound by any additional, different, or inconsistent terms in Buyer's purchase order or other documents from Buyer, and shipment pursuant to a purchase order of Buyer that contains additional, different or inconsistent terms does not constitute acceptance of such terms

(d)    No conditions, understandings or agreements purporting to waive, modify or vary the terms hereof will be binding unless hereafter made in writing and signed by an authorized representative of each party.

(e)    This Agreement is intended as the final expression of Seller and Buyer and there are no oral representations, stipulations, warranties, agreements, or understandings with respect to the subject matter of the Agreement that are not fully expressed therein.

(f)     If the provisions of an agreement incorporating these Terms and Conditions directly conflict, then the provisions of the agreement incorporating these Terms and Conditions will prevail.

(g)    This Agreement is intended solely for the benefit of Buyer and Seller and their permitted assigns and shall not impart rights enforceable any other person or entity, except as expressly provided in the Agreement.

 

2       Payment Terms.

(a)    Unless otherwise specified by Seller, payment for all shipments hereunder will be Credit Card, Bank Transfer, or any other pre-approved form of C.O.D. that has been pre-approved at Seller’s sole discretion.

 

3       Taxes.

(a)    Any tax, duty or other governmental charge upon the sale and/or shipment of the goods herein specified now or hereafter imposed by federal, state, provincial or local authorities, will be added to the price of the goods shown on the face hereof and will be paid by Buyer.

(b)    If Buyer wishes the sale to be tax exempt or zero rated, upon Seller's request, Buyer will provide Seller with exemption certificates in a form acceptable to the appropriate taxing authority for tax exempt or zero rated sales.

 

4       Delivery, Title, Risk of Loss.

(a)    Seller agrees to deliver the goods to Buyer’s destination as soon as reasonably practicable; provided, however, Buyer acknowledges and agrees shipment dates are based upon Seller's reasonable judgment, are subject to production limitations and schedules, and are not guaranteed.

(b)    If for any reason shortages occur in Seller's supply of the goods, Seller may allocate such goods, in which case Seller shall prorate the supply in a manner that in Seller's sole judgment is fair, taking into account factors Seller determines are relevant; such factors may include Seller's shipments to each user during the past year, the percentage of each user's requirements which such shipments represent, and each user's needs at the time of shortage. 

(c)    Buyer agrees to take deliveries of the goods in ratable amounts over the life of the Agreement.

(d)    All sales are F.O.B. Seller's shipping point, unless otherwise specified by Seller.

(e)    Title and risk of loss with respect to the goods covered hereby will pass to Buyer, and Buyer will become the sole owner and take possession of the goods in accordance with the ship terms stated on Seller’s invoice.

 

5       Force Majeure.

(a)    Buyer understands and acknowledges that Seller shall not be liable for any loss, damage, detention or delay or failure to perform in whole or in part resulting from causes beyond Seller’s reasonable control, including, but not limited to, fires, strikes, insurrections, riots, embargoes, transportation difficulties, shortages of raw materials or governmental actions or laws. Quantities of product affected by force majeure shall be eliminated from this Agreement without liability.

 

6       Warranties and Limitations.

(a)    Seller warrants only that the goods furnished hereunder will be free from defects which are brought to Seller’s attention within 10 days after receipt of the goods and that Seller will have good title to and the right to transfer such goods.

(b)    EXCEPT AS EXPRESLY PROVIDED HEREIN, THE GOODS PROVIDED HERUNDER ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER STATUTORY OR OTHERWISE.  SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE GOODS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, CONDITION, UNINTERRUPTED USE, OR COMPLIANCE WITH UNITED STATES FEDERAL, FEDERAL LAWS OF THE TERRITORY, OR ANY APPLICABLE STATE, LOCAL, INTERNATIONAL OR TERRITORIAL LAW. 

(c)    The total liability of Seller with respect to the goods sold to Buyer pursuant to the Agreement, or otherwise arising in connection with the Agreement, whether such liability is based on contract, warranty, negligence, strict liability, or otherwise, will not exceed the purchase price of the goods in respect of which the claim is made.

(d)    In no event will Seller be liable to Buyer for loss of profits or for any consequential, incidental, special, exemplary, or punitive damages arising out of, or related to, the Agreement, whether based on contract, warranty, negligence, strict liability, or otherwise, even if Seller or any other person has been advised of the possibility of such damages.

 

7       Claims and Returns.

(a)    Goods purchased cannot be returned for credit or exchange unless prior authorization is obtained from Seller.

(b)    All returned goods must be unopened, in its original packaging, and must be accompanied by a Returned Goods Authorization (RGA) issued by Seller.

(c)    Unless otherwise specified, a restocking fee of 25% will be charged.

 

8       Acknowledgements of Buyer.

(a)    Buyer understands and acknowledges that Seller’s products contain CBD (cannabidiol) from hemp oil and that such products have not been evaluated by the Food and Drug Administration (FDA).

(b)    Seller makes no claims as to any medical benefits for products containing CBD (cannabidiol) and Buyer agrees not to make any health claim, state any medical fact, or anything that could reasonably be interpreted as a health claim or medical fact to Buyer’s customers with respect to Seller’s products.  This includes, but is not limited to, discussing dosage or treatment options, explaining biology or physiology, referring to a customer as a patient, naming specific ailments, diseases or health issues in reference to Seller’s products, or state that Seller’s products have been evaluated and/or approved by the FDA.

(c)    Buyer shall notify Seller immediately upon becoming aware of any negative effects encountered by users of Seller’s products. 

 

9       Use of Trademarks.

(a)    Buyer acknowledges that it is not purchasing, acquiring or otherwise obtaining any right, title or interest in all service marks, trademarks and trade names used by Seller, and Buyer agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, otherwise impair Seller’s right title and interest therein, nor shall Buyer cause diminishment of value of said trademarks or trade names through any act or representation.

(b)    Buyer shall not apply for, acquire, or claim any right title or interest in to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.

 

10    Waiver.

(a)    Waiver by either party of any breach or of any of its rights or remedies hereunder, or failure by either party to assert such rights or remedies or to enforce any of these terms and conditions of sale at any time will not in any way affect, limit or waive the right of that party thereafter to enforce these terms and conditions of sale or to assert its rights and remedies hereunder.

 

11    Applicable Law.

(a)    The construction of these terms and conditions of sale and the rights and obligations of the parties hereunder will be governed by the laws of the State of Colorado, excluding any choice of law rules which may direct the application of the laws of any other jurisdiction.  Any suit, action, or proceeding relating to or arising from the goods covered hereby must be brought exclusively in the state or federal courts of the City and County of Denver, Colorado and Seller and Buyer hereby waive, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of such suit, action, or proceeding in such court or that any such suit, action, or proceeding which is brought in such court has been brought in an inconvenient forum.