TERMS AND CONDITIONS
ALL PURCHASE ORDERS ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN WHICH MUST BE ACCEPTED BY PURCHASER.
TERMS AND CONDITIONS OF SALE:
The terms and conditions stated herein (these “Terms and Conditions”) apply to all offers, sales and purchases of goods purchased from Lakeland Hemp LLC (“Seller”) located at 8778 Carns Road, Williamsburg, Michigan 49690 (“Goods”). Any Purchase Order received from Purchaser is expressly subject to Purchaser’s Agreement to these Terms and Conditions. Seller shall not have any obligation with respect to any Purchase Order submitted by Purchaser unless Seller expressly approves such Purchase Order in its sole discretion. These Terms and Conditions shall govern over any terms and conditions proposed by Purchaser. The Purchase Order plus these Terms and Conditions shall constitute an Agreement between Seller and Purchase if approved in writing by Seller in its sole discretion (the “Agreement”).
LIMTED PRODUCT WARRANTY:
Seller warrants that the Goods contain no more than 0.3% THC.
DISCLAIMER OF ALL OTHER WARRANTIES:
SELLER MAKES NO WARRANTY WHATSOEVER OTHER THAN THE LIMITED PRODUCT WARRANTY CONTAINED IMMEDIATELY ABOVE. THE LIMITED PRODUCT WARRANTY IS EXPRESSLY EXTENDED IN PLACE OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, AND PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT PURCHASER IS NOT RELYING ON ANY OTHER REPRESENTATION OR WARRANTY. THE PRODUCTS ARE EXPRESSLY PROVIDED TO YOU “AS IS.”
The Purchaser acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Purchaser acknowledges that it has relied solely on the investigations, examinations, and inspections as the Purchaser has chosen to make and that the Seller has awarded the Purchaser the opportunity for full and complete investigations, examinations, and inspections.
Claims by Purchaser against Seller for breach of the Limited Product Warranty above or for missing or damaged Goods must be made, if at all, by notice given to Seller in writing within two(2) days after arrival of the Goods at the “Ship To” address on the Purchase Order form. Purchaser shall provide, together with Purchaser’s claim, the information in
Purchaser’s possession or control to support Purchaser’s claim. Seller shall not be liable for any claim made by Purchaser after such two (2) day period.
LIMITATION OF REMEDIES:
If Purchaser gives Seller notice of a claim for breach of the Limited Product Warranty or for damaged or missing Goods, as required above, Seller will investigate Purchaser’s claim. Purchaser’s sole remedy for a breach of the Limited Product Warranty or for damaged or missing Goods shall be, at Seller’s sole discretion, (1) replacement of the Goods that do not meet the Limited Product Warranty or that are lost or damaged; or (2) refund of the purchased price paid by Purchaser for such Goods. Seller shall have no responsibility for damage resulting from Purchaser’s improper storage or misuse of the Goods or from Purchaser’s negligence or intentional misconduct.
DISCLAIMER OF LIABILITY:
The Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence or other form of action) and irrespective of whether the Seller has been advised of the possibility of any such damages. In no event will Seller’s liability exceed the price the Purchaser paid to Seller for the specific Goods provided by the Seller giving rise to the claim or cause of action.
Prices payable for the Goods are those in effect at the time the order is placed and will include transportation charges, unless otherwise expressly agreed. Prices may be indicated on the lakelandhemp.com website or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance. We are not responsible for pricing, typographical or other errors in any offer by us, and we reserve the right to cancel any order arising from such errors.
TERMS OF PAYMENT:
Payment will be made prior to delivery unless otherwise specified. Purchases up to the sum of $10,000 must be paid by credit card including VISA, MasterCard, American Express and Discover. Purchases exceeding a $10,000 price require wire transfer payment to the Seller on terms to be established. Such Purchaser should contact Seller at (231) 409-1944to establish mode of payment.
We do our best to have all packages shipped out of our fulfillment center within 1-3 business days of your payment processing successfully. The time it takes your package to get to you depends on the shipping method chosen. When possible we will ship USPS priority mail, with a 2-3 day delivery from the time the order is shipped. Weekends and holidays may effect this timeline.
TITLE AND RISK OF LOSS:
Title to and risk of loss of all Goods purchased hereunder shall pass to Purchaser upon delivery to Purchaser’s Ship To address. No subsequent loss of or damage to the Goods shall affect Purchaser’s obligations under this Agreement.
Seller shall not be liable for any delay or failure to perform its obligations under this Agreement due to unforeseen circumstances or causes beyond its reasonable control.
Unless otherwise specifically stated in the Purchase Order form, prices do not include any sales, use of other excise taxes on the Goods, and Purchaser will be responsible for all such taxes. If Purchaser is exempt from paying sales, use or other excise taxes with respect to or related to the sale by Seller and purchase by Purchaser of the Goods, a Certificate of Exemption from such tax or Resale Certificate must be provided to Seller.
REFUNDS AND RETURNS:
Any and all opened goods are not eligible for refund or return. If you have an unopened sealed package you would like to return, you can contact us for return options. All purchases of 2 days or longer from time of delivery are final and not eligible for refund. Please contact us first if you are unsatisfied at firstname.lastname@example.org, as we will do everything possible to make you a happy and repeat customer.
- Email us at email@example.com to let us know that you will be returning your produce within the 2-day time limit and to request the return shipping address.
- Provide us with the tracking number once the order is sent back to us. For items over $75, please consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive any returned
- Once we receive your unopened, unused item, we will process your refund. Shipping costs are non-refundable and will be deducted from the refund. Please allow 7-10 days for the refund to post to your
The Purchaser may not assign any of its rights under this Agreement or delegate any performance under this Agreement, except with the prior written consent of the Seller. Any purported assignment of rights or delegation of performance in violation of this section is void.
CHOICE OF LAWS AND VENUE:
This Agreement shall governed by the laws of the State of Michigan without regard to any choice of laws principles or rules that would result in the application of the laws of any other jurisdiction. Venue for any litigation arising under or related to this Agreement, the Goods purchased thereunder, or any dealings between the parties arising from or related to any of the foregoing, must be commenced solely in a court of competent jurisdiction located within Grand Traverse County, Michigan. Neither party shall object to the forum as being inconvenient.
This Agreement constitutes the entire agreement between the parties with respective to the purchase of Goods and supersedes all other agreements, whether written or oral, between the parties.
No amendment to this Agreement shall be effective unless it is in writing and signed both parties.