Evergreen Lane Farm Terms and Conditions of Sale
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ACCEPTANCE OF ORDER and TERMINATION
Acceptance of any online order is subject to credit card approval, or receipt of PayPal payment.
PRICES AND SHIPMENTS
Unless otherwise quoted, prices shall be those in effect at time of shipment, which shall be made F.O.B. shipping point, prepaid and bill.
RETURN OF GOODS
Goods (with the exclusion of books, videos) can be returned within 7 days of receipt. Return transactions will be charged a 20% restocking fee and “Buyer” pays the return shipping charges. If goods are defective or damaged, you must notify Evergreen Lane Farm within 3 days of receipt to be exempt from the restocking fee. All returns must be pre-approved.
Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Evergreen Lane Farm for any such tax or provide Evergreen Lane Farm with acceptable tax exemption certificate.
DELAY IN DELIVERY
Evergreen Lane Farm is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond Evergreen Lane Farm’s reasonable control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Evergreen Lane Farm be held liable for any consequential or special damages arising from any delay in shipment or delivery.
Evergreen Lane Farm will make available to Buyer all transferable warranties (including without limitation warranties with respect to intellectual property infringement) made to Evergreen Lane Farm by the manufacturer of the goods. Evergreen Lane Farm MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE – UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF Evergreen Lane Farm.
Successful operation and proper use of this equipment is solely the responsibility of the purchaser. Published production levels of fish and plants are based on known research. Actual results may vary. Evergreen Lane Farm does not guarantee success, production levels or trouble-free operation. Evergreen Lane Farm is not a general, electrical or plumbing contractor and does not assume the role, responsibility or liability of a contractor. Evergreen Lane Farm is not responsible for manufacturer’s quality of work or instructions on individual system components, pumps or parts of the aquaponic systems, related equipment or greenhouse.
LIMITATION OF LIABILITY
Buyer’s remedies under this agreement are subject to any limitations contained in manufacturer’s terms and conditions to Evergreen Lane Farm. Furthermore, Evergreen Lane Farm’s liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at Evergreen Lane Farm’s option, and IN NO CASE SHALL Evergreen Lane Farm BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.
The failure of Evergreen Lane Farm to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.
MODIFICATION OF TERMS AND CONDITIONS
These terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Evergreen Lane Farm unless made in writing and signed on its behalf by a duly authorized representative of Evergreen Lane Farm. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein.
All typographical or clerical errors made by Evergreen Lane Farm in any quotation, acknowledgment or publication are subject to correction. This agreement shall be governed by the laws of the State of Pennsylvania applicable to contracts to be formed and fully performed within the State of Pennsylvania, without giving effect to the choice or conflicts of law provisions thereof. Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.
Payment terms be as stated on Evergreen Lane Farm’s invoice or as otherwise mutually agreed. As a condition of the sales agreement, a monthly service charge of the lesser of 1-1/2% or the maximum permitted by law may be added to all accounts not paid by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only.
DISCLAIMER AND INDEMNIFICATION
Except for any explicit written warranty provided to Purchaser herein or in any other transaction document associated with the sale of goods provided for herein, Evergreen Lane Farm hereby disclaims any and all warranties, express or implied, including, without limitation, all implied warranties of merchantability and/or fitness for a particular purpose. Evergreen Lane Farm shall not be liable for any incidental, consequential, or punitive damages. Purchaser shall be solely liable for compliance with all local ordinances, laws, rules, regulations and all other requirements related to the products purchased hereunder. Purchaser hereby agrees to indemnify, defend and hold Evergreen Lane Farm harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, including all actual attorneys’ fees, or disbursements of any kind or nature, whatsoever which may be imposed or incurred by or asserted against Evergreen Lane Farm, whether criminal or civil in nature, arising from (a) Distributor’s breach of any term, condition, or representation set forth herein; (b) any claim for injuries or damage from the products purchased hereunder, the sale, distribution, use or installation of the products purchased hereunder; and (c) any violation of local ordinances, laws, regulations and rules relating to the sale, purchase, installation or use of the products purchased hereunder.