Parties: [DISPENSARY LEGAL NAME] (“Buyer”) SJR Horticulture LLC (“Seller”) Effective Date: [DATE SUBMITTED] Term: One Year, Terminable on 30 days’ written notice from either party. Payment Terms: COD via ACH/Company Check when goods are delivered (unless negotiated) Shipping Terms: FCA Shipping Point Title and risk of loss shall transfer accordingly. Products: Products and pricing set forth on Seller’s live menu (subject to change upon notice) Governing Law: New York State
PAYMENT
Buyer agrees to pay invoice upon delivery of goods via ACH or company check. If buyer is given Net 30 terms, the buyer agrees to pay all invoices within 30 days of delivery. If buyer fails to pay any invoice timely, they will be subject to late fee (1% per month), collections and reporting to OCM COD list.
WARRANTY.
Seller warrants that the Products: (i) shall be in accordance with Applicable Laws (defined below). (ii) Seller shall conduct testing in accordance with Applicable Laws and, upon reasonable request, provide to Buyer a Certificate of Analysis for Product sold to Buyer.
Buyer shall inspect all Products upon delivery and notify Seller of any warranty issue with any Product within twenty-four (24) hours. Products are not returnable after inspection period. If any exception is made to allow a return, there will be a 15% restocking fee.
EXCEPT AS SET FORTH IN THIS SECTION, SELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED.
COMPLIANCE. The parties shall comply with all applicable state and local laws, rules, regulations and ordinances (“Applicable Laws”) in the performance of this Agreement. Buyer shall be responsible for obtaining any approval, notice, license or registration required by Law.
INTELLECTUAL PROPERTY. Neither party shall have any rights to the intellectual property of the other, except as expressly provided herein. Seller hereby grants Buyer a limited, non-exclusive and revocable license to use the trademark, trade names, trade dress or any other intellectual property of Buyer solely for the purposes of marketing or promoting Seller’s products.
ENTIRE AGREEMENT; MODIFICATION. This Agreement (and all documents referenced herein) constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior agreements, representations and understandings. This Agreement may only be amended in writing by both parties.