TERMS AND CONDITIONS OF SALE

1.                  DEFINITIONS

These terms and conditions (the “Agreement”) govern the purchase and sale of the Goods pursuant to any Order.  “Buyer” means the person ordering Goods from Canna Paq, LLC (the “Seller”).  “Goods” means the products and/or services to be supplied by Seller to the Buyer under the Order.  “Order” means the order placed by the Buyer for the Goods on the Seller’s website and accepted by the Seller.  

2.                  PRICES

Prices for the Goods are Seller’s prices set forth on the Order.  All prices and shipments are F.O.B. Seller’s warehouse.  For orders of less than $2,500, or for any order shipped outside the continental United States, prices for the Goods are exclusive of any shipping or freight.  For orders of $2,500 or more that are shipped to a location in the continental United States, prices include shipping or freight.

3.                  TAXES

Prices for the Goods are exclusive of any taxes, tariffs, duties, sales or use taxes, and export charges, or any other fees or charges imposed by any state or local authority, the United States, any foreign government, or any other person or entity on the sale or use of the Goods.

4.                  PAYMENT

Payment for the Goods shall be by credit card or PayPal.  The Seller shall charge the Buyer’s credit card or PayPal account for the price of the Goods, together with any costs for shipping and any applicable taxes, upon shipment of the Goods to the Buyer.  If the Buyer disputes any amount due for the Goods, and the Seller prevails in such dispute, the Buyer shall pay all of the Seller’s reasonable costs of collection, including, without limitation, reasonable attorneys’ fees and costs, and such disputed amount shall bear interest at the lesser of 1% per month or the highest rate allowed by law.

5.                  TITLE AND RISK OF LOSS

All shipments are F.O.B. Seller’s warehouse.  Title to the Goods and risk of loss of such Goods passes to the Buyer upon delivery of the Goods by Seller to the carrier, and any claims for losses or damage, including claims of losses for products left at a doorstep, shall be made by Buyer directly to carrier.

6.                  FORCE MAJEURE

Seller shall not be liable for any delay or failure to deliver any of the Goods in the event of delay or failure caused by governmental regulations, labor disputes, strikes, war, riots, insurrection, civil commotion, mobilization, explosion, fire, flood, accident, storm or any act of God, delays of common carriers, embargoes, or other causes beyond Seller’s reasonable control.

7.                  LIMITED WARRANTY

The Seller warrants to the Buyer that during the 30 day period following the date of shipment of the Goods to the Buyer, the Goods will conform to the Seller’s published specifications therefor as of the date of the Order.  SELLER’S ENTIRE LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY) FOR THE GOODS SHALL BE LIMITED TO REPAIRING OR REPLACING (AT SELLER’S OPTION) GOODS FOUND BY SELLER TO BE NON-CONFORMING, OR AT SELLER’S OPTION, TO REFUNDING THE PURCHASE PRICE OF THE NON-CONFORMING GOODS.  RETURNS WILL ONLY BE ACCEPTED BY THE SELLER FOR NON-CONFORMING GOODS WITH THE SELLER’S PRIOR WRITTEN RETURN AUTHORIZATION.

8.                  DISCLAIMER OF OTHER WARRANTIES

THE FOREGOING LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE OF THE GOODS WITH APPLICABLE FOREIGN, FEDERAL, STATE, OR LOCAL LAW, AND OF ANY OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF SELLER, AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE GOODS.

9.                  DISCLAIMER OF CONSEQUENTIAL AND INCIDENTAL DAMAGES

IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS OF USE, LOSS OF INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON OR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING WITHOUT LIMITATION, PROPERTY STORED IN, HANDLED, OR PROCESSED BY OR IN CONNECTION WITH THE USE OF THE GOODS).  

10.              SEVERABILITY

If any provision of this Agreement is unenforceable or invalid, this Agreement shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.

11.              GOVERNING LAW; VENUE

This Agreement shall be construed in accordance with and governed by the laws of the State of Michigan without regard to its conflict of law provisions. THE PARTIES AGREE THAT ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMAND CONDITIONS OR ANY ORDER SHALL BE INSTITUTED SOLELY IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN, OR ANY COURT OF THE STATE OF MICHIGAN LOCATED IN KENT COUNTY, AND EACH PARTY IRREVOCABLY SUBMITS AND CONSENTS TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION OR VENUE THAT ANY SUCH PARTY MAY HAVE UNDER THE LAWS OF THE STATE OF MICHIGAN OR OTHERWISE. 

12.              ENTIRE AGREEMENT

This Agreement sets forth the entire agreement between Buyer and Seller pertaining to the subject matter hereof.