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TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT VERY CAREFULLY. IT CONTAINS IMPORTANT LEGAL INFORMATION RELATING TO YOUR PURCHASE OF LEGENDARY COFFEE PRODUCTS AND SERVICES, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCEPTING DELIVERY OR PHYSICAL IN-STORE PURCHASE OF YOUR PRODUCT OR SERVICE, IN PERSON OR BY ELECTRONIC SALE YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT.
- INTRODUCTION This agreement (“Agreement”) contains terms and conditions applicable to your purchase of Legendary Coffee (Overwatch Productions, LLC) products and services (“Product”). If you have any questions about this Agreement, please contact email@example.com
- GOVERNING LAW THIS AGREEMENT AND ALL SALES THEREUNDER SHALL BE GOVERNED BY THE STATE OF DELAWARE, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
- PRICES AND TAXES Prices are exclusive of all federal, state, local, or other government taxes, fees, or charges now in force or enacted in the future. Taxes will be indicated on the invoice; however, if any additional such tax, fee or charge is imposed by any governmental authority on, or measured by, the transaction between LEGENDARY COFFEE and you, you will be responsible for such tax, fee or charge. In the event that LEGENDARY COFFEE is required to pay any such tax, fee, or charge at the time of sale or thereafter, you will reimburse LEGENDARY COFFEE therefor.
- SHIPMENT Any stated ship date is an approximation only. In the absence of specific shipping instructions, LEGENDARY COFFEE will ship by the carrier of its choice. You agree to pay all transportation charges, whether billed by the carrier or LEGENDARY COFFEE, including handling fees deemed reasonable by LEGENDARY COFFEE. Unless otherwise specified, the Product will be shipped in standard commercial packaging. Products may be shipped to destinations in the United States or Canada only. When special packaging is requested or, in the opinion of LEGENDARY COFFEE, required under the circumstances, the cost of the same, if not set forth on the invoice, will be separately invoiced.
- GOODS MATERIALS LEGENDARY COFFEE continuously upgrades and modifies its products and services to provide customers with new and improved products and services. Roast origin, packaging materials, and overall product look subject to change, including, but not limited to, crop and business availability. Legendary Coffee reserves the right to replace the source goods contained within each order based upon its discretion and without prior notice to the client in still keeping with the mutually beneficial task of sourcing beans that allow for product consistency. That consistency is determined by Legendary Coffee.
LEGENDARY COFFEE may modify or discontinue products or services at any time without prior notice to customers and discrepancies between the product you receive and the respective specification sheet may occur. However, in such a case LEGENDARY COFFEE will ship Products that have substantially similar appearance. No promise of functionality will be guaranteed due to the nature of LEGENDARY COFFEE’s business of sometimes selling remanufactured or refinished vintage coffee units and tools related. Some of these items may not be in, what is considered, functional condition. It is up to the buyer to obtain all information about the item in question, prior to the time of sale and exchange of payment, including, but not limited to, requesting photos of the unit and a list of what the item contains. LEGENDARY COFFEE makes no warranties to the authenticity of the seeming originating product as the business sells purely on image and form.
- DELIVERY AND PASSAGE OF TITLE Delivery will be made F.O.B. LEGENDARY COFFEE facility. The time of delivery is the time the Product to be delivered is picked up by the carrier. Title to the Product shall pass to you upon shipment from LEGENDARY COFFEE facility. Loss or damage that occurs during shipping by a carrier selected by LEGENDARY COFFEE is LEGENDARY COFFEE responsibility. Loss or damage that occurs, including, but not limited to ruined packaging, during shipping by a carrier selected by you is the responsibility of the customer and by purchasing an item from the website, you agree to this.
- PAYMENT TERMS Buyer agrees to make the payments set forth in the invoice for the Products. Unless otherwise agreed by LEGENDARY COFFEE, payment must be received in full prior to acceptance of your order. For credit card payments, your credit card will be charged when your Product ships. An invoice not paid within terms is considered past due, and such invoices will be subject to a daily charge, compounded monthly, at the rate of either one and one-half percent (1.5%) per month or the highest legal interest rate, whichever is lower.
- SECURITY INTEREST LEGENDARY COFFEE reserves a purchase money security interest in the Products sold and the proceeds thereof, in the amount of the purchase price. In the event of your default in any of your obligations to LEGENDARY COFFEE, LEGENDARY COFFEE will have the right to repossess the Product sold hereunder without liability to you. This security interest will be satisfied by payment in full. A copy of the invoice may be filed with appropriate authorities at any time as a financing statement and/or chattel mortgage. On request of LEGENDARY COFFEE, you agree to execute financing statements and other instruments that LEGENDARY COFFEE may request if needed to perfect LEGENDARY COFFEE’s security interest.
- RETURNS AND EXCHANGES – All sales are final and the Products may not be returned or exchanged for any reason.
- INTELLECTUAL PROPERTY Legendary Coffee hereby retains for itself all other rights, title, and interest in and to all intellectual property in the Products sold and any products or other deliverable created during performance of the services, including without limitation, worldwide copyright, trade secret, patent, trademark, and any other proprietary rights. Purchase of these goods in no way transfer any intellectual property or right to display LEGENDARY COFFEE’S logo or any of its products without the express permission of LEGENDARY COFFEE
- WARRANTIES THE PRODUCTS ARE PROVIDED “AS IS” AND LEGENDARY COFFEE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. LEGENDARY COFFEE DOES NOT WARRANT THAT YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD.
- LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCE SHALL LEGENDARY COFFEE BE LIABLE FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, EVEN IF LEGENDARY COFFEE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, (B) ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, OR (C) ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCTS PURCHASED HEREUNDER. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. SOME STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU. THE CUSTOMER AGREES TO IDEMNIFY AND HOLD LEGENDARY COFFEE, THEIR OFFICERS, AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY OR LOSS RESULTING FROM JUDGEMENTS OR CLAIMS FOR PERSONAL INJURY, INCLUDING DEATH, AND PROPERTY DAMAGE AGAINST THEM ARISING OUT OF THE ACTIVITIES TO BE CARRIED OUT PURSUANT TO THE OBLIGATION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DELIVERY OF PRODUCT AS WELL AS THE CONSUMPTION AND SERVING PROCESS OF PRODUCT TO CUSTOMER’S CUSTOMERS AFTER PURCHASING FROM LEGENDARY COFFEE COMPANY.
- RESALE AND EXPORT You agree that you are buying the Product for your own use, and not for resale, except for wholesalers specifically marked out in the invoice process in the field labeled MAP. LEGENDARY COFFEE has separate further terms and conditions governing resale transactions. The Product is intended for use only within the United States or Canada. The Product may be subject to export laws and other regulations in the United States or other countries, and you agree to comply with all such laws, regulations, or requirements as may apply to your receipt, export, or use of the Product. You agree to indemnify LEGENDARY COFFEE for any liability resulting from your failure to comply with applicable export laws, regulations, or requirements.
(a) The state or federal courts sitting in DOVER, DELAWARE shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts.
(b) This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
(c) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
(d) You hereby acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically described herein.
(e) The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
(f) Reasonable attorneys’ fees and costs will be awarded to Legendary Coffee in the event of litigation involving the enforcement or interpretation of this Agreement.
(g) The section headings used herein are for convenience only and shall not be given any legal import.