Supply Chain Terms of Sale

The following terms and conditions (the “Terms”) apply to the purchase of all goods and products (the “Products”) purchased on the “Harvestroasting.com” site (the “Site”) by you (“You”) or on your behalf. By purchasing on the Site, You agree to be bound by these Terms and our policies and procedures, which may be updated from time to time.

1. Modifications of The Terms Harvest Roasting, LLC (“Supply Chain” or “We” or “Us”) reserves the right to make changes to these Terms at any time by posting an updated version here on the Site. The terms posted on the Site at the time You order govern that order. Should significant modification of these Terms occur, You will be notified by email or by posting prominent notice on the Site.

2. Your Account To access the Site, You will be asked to create an account. You are responsible for maintaining the confidentiality of your account and password. Further, you are responsible for all acts or omissions that occur while your password or account is used. You agree to notify Us immediately upon knowledge or suspicion of unauthorized use of your password or account, or any other breach of security. Supply Chain is not responsible for any loss or damage arising from your failure to protect your password or account information. Supply Chain reserves the right to suspend or terminate your account at any time without notice if We determine, in Our sole discretion, that You have violated these Terms, provided false information, or engaged in fraudulent or abusive activity on the Site.

3. Product Orders You shall order the Products in accordance with Supply Chain’s current ordering procedures. If not otherwise specified, You may submit orders (each such purchase, a “Transaction”) to Supply Chain after You log in to your account on the Site. Orders are subject to acceptance by Supply Chain, which may be evidenced by Us issuing an order confirmation or shipping the Products. From time to time, some Products may not be available for order (“Back-Ordered Products”). Back-Ordered Products will be automatically shipped as they become available unless You are otherwise notified by Supply Chain.

   1. Prices and Payment Product prices are specified on the Site and are subject to change without notice. Price changes are effective immediately but will not affect Orders submitted prior to such change. Prices on the Site do not include applicable taxes. State and local sales taxes will be automatically added to the Transaction at checkout unless a sales tax exemption is provided. Shipping and handling charges are estimates and may vary based on the number of required packages in the Transaction. You will be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. By submitting such information, You grant Supply Chain and its affiliates the right to provide such information to third parties for purposes of facilitating the completion of the Transaction initiated by You or on your behalf. Payment for a Transaction is due within 10 days of Invoice, where applicable. A 1.5% charge per month will be charged on past due invoices. Accounts with past due invoices may not receive future orders.

   2. Shipping and Delivery Supply Chain will use commercially reasonable efforts to deliver the Products to You within the estimated delivery time provided by Supply Chain. However, delivery dates are approximate and not guaranteed. You must inspect Products delivered to you upon receipt. All risk of loss or damage to the Products transfers to You upon expiration of the Return Window (as defined in Section 5 below).

   3. Excusable Delays Supply Chain is not responsible for any loss, damage, cost or expense resulting from delays arising out of causes beyond its control and without its fault or negligence, including but not limited to acts of God, the government, fires, floods, strikes, freight embargoes, delays in transportation, difficulties in obtaining labor, materials, manufacturing facilities or transportation and unusually severe weather (each a “Force Majeure Event”). If the Force Majeure Event materially impacts Supply Chain’s ability to meet its obligations at the agreed upon price, We may reasonably increase pricing upon written notice to You.

4. Warranties Supply Chain warrants that upon delivery, the Products will conform in all material respects to the specifications for such goods and all applicable food safety and quality standards. This warranty does not cover damage from misuse, lack of reasonable care, negligence, accident or abuse by anyone other than Supply Chain. Supply Chain makes no other warranty, express or implied, with respect to Products delivered, and the warranty in this Section 4 constitutes its sole obligation to such Products.

5. Returns

   1. Return Window Generally, returns are not accepted unless approved by Supply Chain. Only non-perishable items, unopened items in their original packaging, and items in their original unit of measure (i.e., an entire case versus a bottle from that case) are eligible for a return. When Products do not conform to the warranties set forth in these Terms (“Warranty Return”), or You would like to request a return for some other reason, You must notify Us in writing within 24 hours after delivery (the “Return Window”). Products are not eligible for return after the Return Window has expired.

   2. Restocking Fee and Shipping Charges Except as provided below, returns permitted by Us are subject to a fifteen percent (15%) restocking fee. You will be responsible for all shipping charges related to any return except as provided herein.

   3. Warranty Return To be eligible for a Warranty Return, You must notify us within the Return Window, demonstrate the affected Products’ failure to conform to the warranty, provide all written proof and documentation as required by Us, and otherwise cooperate with directions as provided. For Products eligible for a Warranty Return, Supply Chain, at its sole discretion, may: (i) offer a refund of the purchase price for such Products; or (ii) replace such Products at Supply Chain’s expense.

6. Limitation of Liability EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL SUPPLY CHAIN OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION FOR BUSINESS INTERRUPTION OR LOST PROFITS) BASED UPON BREACH OF ANY WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. SUPPLY CHAIN’S MAXIMUM LIABILITY HEREUNDER WILL NOT EXCEED THE PRICE OF THE PRODUCTS FURNISHED BY SUPPLY CHAIN GIVING RISE TO THE CLAIM, WHETHER SUCH RIGHTS ARISE IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

7. Governing Law and Venue These terms are governed by and shall be construed in accordance with the laws of the State of Nebraska without effect given to its conflicts of law rules. You consent to the sole and exclusive venue and jurisdiction of the federal and state courts situated in or having jurisdiction over the State of Nebraska.