LIABILITY DISCLAIMER OF GOLDEN WHEAT INC.
1. Our products are sold “AS IS” and we disclaim any express or implied warranty of any kind, including warranties of merchantability, or fitness for a particular purpose.
2. Our customers agree to assume full responsibility and agree to indemnify and reimburse us for reasonable attorney’s fees and costs, including on any appeal, if they initiate court procedures and we are found not at fault.
3. It is the customer’s responsibility to ensure that his/her business location is open and available for delivery of our products as scheduled. If the customer is not available to receive our products at the scheduled time, he/she will be charged for the order. The customer assumes all liability on our products once into his/her possession.
4. We offer products with peanuts, nuts, soy, milk, eggs and wheat. Although we take steps to minimize the contamination, we cannot guarantee that any of our products are safe for people with peanut, nut, soy, milk, eggs and wheat allergies. The customer acknowledges responsibility for informing his/her purchaser of this allergy information.
5. We will not be liable to our customers for any indirect, special or consequential loss, or for any business losses, loss of revenue, income, profits, or loss of reputation, regarding any products sold.
6. The customers agree to assume full responsibility and agree to indemnify and hold harmless Golden Wheat Inc., its affiliates, officers, members, and agents from all claims, losses, liens, expenses, suits, and attorneys’ fees for damages of any kind, including, without limitation, any special, consequential, incidental or indirect damages, to any person or entity that may in any way arise out of or result from or in connection with the purchase or use of our products.
7. The payment for our products shall be made by checks as stated in the invoice. The deposit made by the customer shall be non-refundable even if the customer cancels his/her order before delivery of our products.
8. The violation of our instructions as to the shelf life of our products is the responsibility of the customer.
9. All sales are final and there is no return policy unless discussed and agreed to by us.
10. If any provision of this Liability Disclaimer is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.