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Steep Me a Cup of Tea. Terms and Conditions Entire Agreement: Acceptance of orders, whether verbal or written, is expressly conditioned upon Buyer’s agreement to all terms and conditions contained herein, pursuant to UCC § 2-606. Acceptance of delivery by Buyer will constitute assent to these terms and conditions. These terms and conditions represent the entire and complete agreement of the parties (this “Agreement”) pursuant to UCC § 2-201. No terms or conditions in any way adding to, modifying or otherwise changing the provisions adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Steep Me a Cup of Tea. (“Seller”). The Agreement shall only be modified in writing and any written modification of the Agreement shall only be valid and enforceable if signed and approved by an officer of Seller. These terms will not be modified by shipment of products following receipt of Buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein. Any typographical, clerical or other error or omission in any sales literature, price lists, acceptances of offer, invoice or other document or information issued by Seller shall be subject to correction without any liability on the part of Seller. Payments: All accounts shall be paid net in United States Dollars to the address specific on the invoice within 30 days after the products are invoiced. A Service charge of 1% per month will be added to all past due accounts. Deductions from invoice total are only permitted by issuance of a credit invoice prepared by Seller. Buyer shall not have the right to set off against any amounts payable to Seller. Return of Products: Products shall not be returned by Buyer (unless such products are nonconforming) pursuant to UCC § 2-602. Buyer’s Full Quantity Commitment: Seller may elect to make delivery of any and all orders in installments. Seller’s election to deliver in installments shall not constitute a breach of the Agreement. Buyer commits to pay for the entire quantity of product ordered even when shipped in installments. Cancellation of Orders: Orders cannot be canceled by Buyer under any circumstances. Severability: In the instance that any one or more of these terms or conditions shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Disclaimer Of Warranties: There are no warranties which extend beyond the description on the face hereof and in Seller’s written specifications, if any, and Seller makes no warranty, express or implied, based on any course of dealing or usage of trade or of fitness for particular use or otherwise, that the products sold hereunder are of merchantable quality or are fit for a particular use. Limitation of Remedies: Seller shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the products, or from any other cause with respect to the products or this Agreement, whether such claim is based upon breach of contract, breach of warranty, negligence, strict liability in tort, negligence or any other legal theory. Force Majeure: No party shall be liable for a delay in performance or non-performance if performance was rendered impossible, or more burdensome than it would have been in the normal course of business, due to circumstances beyond the control of the party affected, whether foreseen or unforeseen, including but not limited to, acts of God, fire, flood, war, armed conflict, accident, labor trouble, shortage of or inability to obtain product, shortage of or inability to obtain transportation, or compliance with any regulation, direction or request made by governmental authority or persons reporting to act therefore. Escalation: Should there be a rise in cost from the Seller’s supplier of more than 3%, Seller, at its option, may terminate the order and refund Buyer’s payment, or renegotiate the price and quantity of the order, subject to Buyer’s approval. In the event the material terms of the order cannot be renegotiated, Seller retains the right to terminate the order and refund the Buyer’s payment. Attorney’s Fees, Etc. The Seller shall have the right to collect from the Buyer its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement. Controlling Law: This Agreement shall be deemed to have been executed and delivered in Brule, Wisconsin, USA. Except as otherwise provided herein, this Agreement and all rights and obligations hereunder, including matters of construction, validity and performance, shall be governed by the internal laws of the State of North Dakota, USA, including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of law thereof. Legal Proceedings: The jurisdiction and venue of any legal proceeding for the resolution of disputes arising under or in connection with this Agreement shall be in the federal or state courts of Bismarck North Dakota, USA.