Terms and Conditions of Sale

Unless otherwise specified on the face of the invoice and agreed by seller goods covered by the agreement are being sold only in accordance with the terms and conditions contained herein. Receipt of order by purchaser constitutes acceptance of terms. All terms or conditions not agreed by seller or in other documents which are different from or additional to those contained herein are null and void. 

Warranties

Seller makes an express warranty, in lieu of all other warranties, whether express or implied that its product in the form delivered to buyer under this contract is fit for human consumption (according to product label dosage instructions), and is so manufactured and labeled so as not to be in violation of the U.S. Food, Drug, and Cosmetics Act. Seller makes no warranties of merchantability nor for fitness for a particular or special purpose. Seller shall not be liable for any incidental, consequential, or contingent damages. Seller's maximum liability as to any claim of any nature, whether in contract, tort, strict liability, patent infringement, or otherwise, is limited to the contract price for the portion of the goods in respect of which in such claim is made. Buyer's sole remedy against Seller shall be for the repair of replacement of defective good without charge by seller. 

No Authority to Rebottle, Misrepresent, or Mix Product

Buyer shall not mix or incorporate the product with any other substance for resale, or repackage the product in any way for resale. 

Seller's Proprietary Rights

Seller retains sole ownership of all promotional materials, art work, or package design supplies by Seller in connection with this sale. Buyer shall not reproduce any drawing or copyrighted material furnished by Seller without Seller's express written consent. 

Payment

Terms of sale are net 30 days from the date of shipment, unless otherwise stated on the face hereof. If buyer defaults in any payment when due under this order or any other order, Seller can defer delivery of any ordered goods until all payments due are made. Balance due must be paid in U.S. dollars. If seller has not received invoice payment after 30 days from the shipment date, Seller, at its sole discretion, may charge a late fee or 2% of the invoice balance will be charged for every  month until payment is received. If seller has not received invoice payment after 60 days the account terms will be changed to prepayment for all future shipments. Any late fees and collection costs deemed as interest shall not exceed the maximum allowed law. 

Collection Costs

Customer agrees to pay all costs associated with collection of delinquent balances including collection costs, reasonable attorney fees and legal fees. Seller, at its sole discretion, may assess a one time collection fee of 33.3% on invoices 90 days past due or $100.00, whichever is greater, but in no event to exceed the maximum amount permitted by law. all past-due accounts may be placed on prepayment terms. Seller, at its sole discretion, may assess a $25 processing fee for any returned checks, and to provide the seller with a money order or cashiers check for the amount due, plus all service fees following any returned checks. Prepayment only terms following any returned checks. 

Title and Risk of Loss

Seller reserves title to the goods until receipt of payment in good funds. Risk of loss passes when Seller's agent delivers the goods to Buyer. It is the Buyer's responsibility to notify the Seller if the goods are not delivered within two weeks of shipment. If not notified, the Seller is not responsible for missing goods. 

Limitation of Actions

Any action for any loss or damage must be commenced by Buyer within 12 months after Buyer's cause of action has accrued or is waived.

Technical Support

Any technical advice is furnished by Seller concerning to the use of its products is given gratis and Seller assumes no obligation or liability for the advice given or results obtained. All such advice is given and accepted at Buyer's risk. 

Force Majeure

Seller shall not be liable for failure or delay in shipping goods hereunder if such failure or delay is due to any act of God, war, labor difficulties, accident, raw ingredient shortages, or other events whatsoever beyond the control of the Seller. 

Changes

No change by Buyer or any term or condition of this contract or any of Seller's rights or remedies hereunder shall be binding on Seller unless Seller shall expressly consent to the change in writing signed by both Buyer and Seller. 

Governing Law

This agreement shall be governed by the laws of the State of Utah and courts of Utah shall be the sole place to adjudicate any dispute hereunder. 

Entire Agreement

This contract constitutes the entire agreement between the Buyer and seller relating to the goods or services which are the subject thereof.