Terms And Conditions
Sales of meat, meat products, food and food related products ("Products") by Got Grassfed, LLC ("Seller") to a Buyer for delivery in the United States are governed by the following general terms and conditions of sale ("Terms and Conditions"). For purposes of these Terms and Conditions, Buyer is defined as any individual, business or organization that buys or interacts with the Products produced or sold by Seller.
1. ACCEPTANCE. All Orders (defined below) placed by a Buyer to Seller for the sale of Products are subject to acceptance by Seller and are not binding upon Seller unless so accepted and confirmed by Seller. These Terms and Conditions are applicable to all purchase orders, quotations and schedules concerning the sale of the Products, of any nature (collectively, the “Orders”), and are the only terms and conditions that apply to the sale of Seller’s Products. Any term or condition different from or in addition to these Terms and Conditions must be agreed to, in writing, by Seller, and in the event of any conflict or inconsistency between these Terms and Conditions and any Order, these Terms and Conditions shall control.
2. PRICE AND PAYMENT. An order must be fully prepaid by Buyer before it can be processed and shipped or delivered by Seller. Buyer agrees to fully pay the charged purchase amount for Products ordered, which unless otherwise stated, does not include sales, excise or other taxes. Buyer acknowledges and authorizes Seller to electronically charge Buyer’s account and credit card for the purchase amount and Buyer agrees to pay in accordance with Seller’s payment terms. The minimum Order for the purchase of Products from Seller is Twenty-Five Dollars ($25.00), excluding shipping and handling charges. Prices of Products may change at any time and Seller does not offer any price protection or refund in the event of a price reduction or promotional offering after the Buyer’s order has been placed with Seller.
3. SHIPMENT. Buyer will be charged the full purchase amount and Seller will process all transactions after suitable shipping and delivery method of Buyer's Order has been arranged automatically by Seller's ordering system or alternative arrangements have been agreed to in writing between Buyer and Seller. Unless otherwise agreed, all Products are shipped F.O.B., point of shipment. Risk of loss shall transfer to Buyer upon tender of goods to Buyer, Buyer’s representative, or a common carrier. The cost of any special packing or special handling caused by Buyer’s requirements or requests shall be added to the amount of the Order. Shipping charges are calculated by weight and per shipping address verified by the common carrier. Order fulfillment, shipping and delivery time is based upon the availability of the Products ordered. Orders will not be shipped or delivered to Buyer until all Products ordered are in the possession of Seller. Claims for Products damaged or lost in transit should be made by Buyer to the common carrier, as Seller’s responsibility ceases upon tender of goods to Buyer, Buyer’s representative or common carrier.
4. DELIVERY. In the event that Buyer and Seller agree to different delivery arrangements, Seller will make a good faith effort to complete delivery of the Products as agreed to in writing by Buyer and Seller, but Seller is not liable for any loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller. It is highly recommended that Buyer be present at the exact time of delivery. If Buyer cannot be present at time of delivery, specific delivery instructions are required and must be submitted by the Buyer and Buyer must receive acknowledgement from Seller (prior to delivery) which designates proper handling and a suitable storage location of ordered product at the address and site of the scheduled delivery.
5. WEIGHTS OF PRODUCTS. Seller's declared weights of the Products are reasonable approximations and Buyer acknowledges that the declared weights may not be the exact weights of the Products ordered and received by Buyer. Buyer expects and accepts that there may be a discrepancy in the actual weight of the Products ordered at plus or minus 5% of the declared weight identified on each separate package of the Products purchased.
6. RESALE. All Products ordered and purchased from Seller may not be resold without the prior written approval of Seller.
7. ORDER LIMITATIONS. Seller reserves the right to reject any Order Buyer places with Seller, and/or to limit quantities on any Order, without giving any reason. If Seller rejects an Order, Buyer will be notified. Seller may, at its own discretion, limit or cancel quantities purchased per person, per household or per order.
8. GOVERNING LAW; VENUE. This transaction shall be governed in all respects by the laws of the State of Nebraska. Any action that arises out of or relates to this transaction may be handled by any federal or state court having jurisdiction in Lancaster County, Nebraska. All actions, regardless of form, arising out of or related to this transaction or the Products sold hereunder must be brought against Seller within the applicable statutory period, but in no event more than one (1) year after the date of invoice.
9. FORCE MAJEURE. Seller will not be liable for its non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Seller.
10. REFUNDS AND RETURNS. Due to the nature of the Products as perishable goods Seller is not required to accept any return of Products from Buyer. Buyer may only return Products upon prior written approval of Seller. Returns are subject to: (a) transportation charges, if not prepaid; and (b) handling and restocking charges in an amount to be specified by seller but not less 15%. Seller reserves the right to refuse, suspend, or cancel an Order at any time without notice or reason. If for any reason Seller cancels an Order and Buyer has not yet received any Products, Seller is required to provide the Buyer a refund for the subtotal of Products ordered. Seller may refund Buyer's shipping and handling charges only if the Products have not been shipped and there are no costs incurred by Seller, otherwise Seller is not required to refund any shipping and handling charges.
11. WARRANTY. Seller warrants that it has the right to convey good title to the Products. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND SELLER HEREBY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOLE AND EXCLUSIVE REMEDY FOR ANY PRODUCTS ALLEGED TO BE DEFECTIVE WILL BE THE REPLACEMENT OF THE DEFECTIVE PRODUCTS. SELLER WILL NOT BE RESPONSIBLE FOR REPLACING ANY PRODUCTS DUE TO CLAIMED DEFECTS THAT SELLER DOES NOT RECEIVE NOTICE OF WITHIN TEN (10) DAYS FROM DELIVERY IN THE MANNER DESCRIBED BY THIS AGREEMENT.
12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER AND/OR ITS AFFILIATES (INCLUDING ALL OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF SELLER AND ITS AFFILIATES) BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THIS TRANSACTION OR THE PRODUCTS SOLD BY SELLER. IN ADDITION TO THE FOREGOING LIMITATIONS, BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL THE LIABILITY, IF ANY, OF SELLER AND ITS AFFILIATES (INCLUDING ALL OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF SELLER AND ITS AFFILIATES) UNDER ALL TRANSACTIONS EXCEED IN THE AGGREGATE THE GREATEST TOTAL DOLLAR AMOUNT OF PRODUCTS PURCHASED FROM SELLER AND PAID FOR BY BUYER IN ANY GIVEN CALENDAR YEAR. BUYER ACKNOWLEDGES THAT THE PRODUCTS ARE PERISHABLE GOODS AND HAVE HEALTH HAZARDS AND RISKS ASSOCIATED WITH THE HANDLING, STORAGE AND PREPARATION OF SUCH PRODUCTS FOR CONSUMPTION.
13. MODIFICATIONS TO TERMS AND CONDITIONS. Seller reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms and conditions without notice. Such modifications shall be posted on the Seller’s website. As a Buyer, your continued business and trade interaction with Seller will be deemed acceptance of such modified terms and conditions.
14. NON-WAIVER. Seller’s failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Seller’s rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by Seller’s authorized officer or director.
15. RELATIONSHIP OF THE PARTIES. The parties are independent contractors and this transaction does not create an agency, partnership or joint venture between the parties or their employees.
16. NON-ASSIGNMENT. Buyer may not assign any of its rights in connection with this transaction without Seller’s prior written consent.
17. ENTIRE AGREEMENT. This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. These Terms and Conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Seller’s authorized officer or director.