TERMS AND CONDITIONS
CUSTOMER PURCHASE & USAGE AGREEMENT
Version 1 - Updated 1-1-2020
1. General.
(a) These Customer Purchase Agreement Terms and Conditions (these “Terms”)
govern the sale of the goods by Healthy Harvesting, LLC, a North Carolina limited liability corporation (“we” or “us”) to you, the
customer.
(b) Please read these Terms carefully, as we may update them from time to time.
2. Shipping Policy.
(a) We agree to ship your product in a timely manner according to the production and
manufacturing schedule times provided to you at the time your order is placed. Custom orders that require
unique formulations and manufacturing processes that include bottling and labeling could take six to eight
weeks. We strive to keep you well-informed as to production timelines and delivery dates. For any orders
that are not custom orders we will ship your goods according to the delivery timeline provided to you at the
time you place your order and within a maximum thirty (30) days after receiving your order. If we do not ship
your goods within this thirty (30) day time frame, we will automatically refund your order. We reserve the
right, however, to not issue any refunds until thirty (30) days have passed since the date of your order.
(b) We agree to consider on a case by case basis, and at our full discretion, replacing any
damaged, lost or stolen packages. Title and risk of loss pass to you when the package leaves our facilities. We
are not responsible for lost, stolen, damaged or confiscated packages. We will not be liable or responsible to
you, nor be deemed to have defaulted or breached these Terms, for any failure or delay caused by or resulting
from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood,
fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or
not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic,
lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays
affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or
telecommunication breakdown or power outage. You have the option of picking up your order at one of our
facilities located in North Carolina.
(c) Unless you request (and we agree) otherwise, we will ship the goods using standard
methods for packing and shipping. We may, at our sole discretion, choose to make separate or partial
shipments.
(d) If you are an international purchaser, you are 100% responsible for shipment to
your destination. You or your agent are required to pick up your order at one of our facilities located in
North Carolina.
3. Refund & Return Policy.
(a) All customers requesting a refund must submit a Refund Request Form and adhere
to its instructions. It is your responsibility to retain product packing, whether supplied by us or by you, for
claims and substantiation. Once approved, refunds are usually processed within five (5) business days. If you
do not receive your approved refund within this time frame, please contact your sales representative or contact us on the contact form on our website. In addition to the terms contained in the Refund Request Form, you acknowledge and agree that by requesting a refund, you are releasing us from any further obligations with respect to your order.
(b) All customers requesting a replacement must notify us within twenty-four (24)
hours of delivery and must include photos that accurately depict the damage or other nonconformity. If we
determine, in our sole discretion, that the damage or nonconformity is due to our negligence, then we will
replace the damaged or nonconforming portion of your order.
(c) You acknowledge and agree that the policies set forth in these Terms contain your
exclusive remedies with respect to nonconforming goods. Except as provided herein, all sales are final. You
further acknowledge and agree that your strict performance under our return and replace policy is required in
order to obtain any refund or replacement goods. Shipping charges on the original shipment cannot be refunded.
4. Payment Policy.
(a) All payments must be made in US dollars by one of the methods indicated on your invoice.
Partial payments are not permitted unless specified in writing.
(b) Quoted prices expire fourteen (14) days after submitted via invoice. After this
fourteen (14) day period has elapsed, quoted prices are void. From time to time, sales representatives may
also provide time limits on price quotes in writing.
(c) No orders will be accepted from customers whose registered corporation name
includes the terms “CBD,” “THC,” “420,” “Cannabis,” “Marijuana,” “Hemp” or any other related words (as
determined by us in our sole and absolute discretion). We reserve the right to deny service to any customer
pursuant to this policy.
5. Limited Warranty; Limitation of Liability.
(a) We internally test all of our products and contract with third party testers to ensure
the quality of our products. These tests measure cannabinoid potency, including THC levels, and ensure that
such potency is within established legal limits. Our tests also measure levels of pesticides, heavy metals and
other contaminants to ensure compliance with applicable federal safety guidelines.
(b) EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, WE MAKE NO
WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a)
WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c) In no event will we be liable to you or any third party for the loss of use, revenue or
profit, or for any consequential, indirect, incidental, special, exemplary or punitive damages, whether arising
out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were
foreseeable and whether or not we have been advised of the possibility of such damages, and notwithstanding
the failure of any agreed or other remedy of its essential purpose. Further, in no event will our aggregate
liability arising out of or relating to these Terms, whether arising out of or related to breach of contract, tort
(including negligence), or otherwise, exceed the total amounts actually received by us for the goods sold
hereunder.
6. Your Compliance with Law.
You agree to comply with all applicable laws, regulations and ordinances.
To the extent applicable, you agree to maintain in effect all the licenses, permissions,
authorizations, consents, and permits that you may need in connection with your purchase(s).
7. Waiver.
No waiver by us of any of the provisions of these Terms is effective unless
explicitly set forth in writing and signed by us. No failure to exercise, or delay in exercising, any right, remedy,
power or privilege arising from these terms operates, or may be construed, as a waiver thereof. No single or
partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise
thereof or the exercise of any other right, remedy, power or privilege.
8. Confidential Information.
By ordering our products, you agree that all non-public,
confidential or proprietary information relating to us or our business, including but not limited to,
specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer
lists, pricing, financial information, information concerning our employees and representatives, discounts, or
rebates, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and
whether or not marked, designated, or otherwise identified as “confidential” in connection with these Terms
is confidential may not be disclosed or copied unless authorized in advance by us in writing.
9. Non-Disparagement.
(a) By ordering our products, you agree that you will not at any time make, publish or
communicate to any person or entity or in any public forum any defamatory or disparaging remarks,
comments or statements concerning us or our business, or any of our current or former employees, officers,
customers, suppliers, investors, and other associated third parties, now or in the future. This section does
not, in any way, restrict or impede you from exercising protected rights to the extent that such rights cannot
be waived by agreement or from complying with any applicable law or regulation or a valid order of a court
of competent jurisdiction or an authorized government agency, provided that such compliance does not
exceed that required by the law, regulation or order. To the extent necessary or applicable, you agree to
promptly provide written notice of any such order to us.
(b) You recognize that the confidentiality and non-disparagement covenants in these
Terms are reasonable and necessary to protect our legitimate interests, that we would not have contracted
with you in the absence of such covenants, and that your breach or threatened breach thereof would cause us
irreparable harm and significant injury, the amount of which would be extremely difficult to estimate, making
any remedy at law or in damages inadequate. Accordingly, we shall be entitled, without the necessity of
posting of any bond or security, to the issuance of injunctive relief by any court of competent jurisdiction
enjoining any breach or threatened breach of such covenants, for specific performance and for any other
relief such court deems appropriate. These rights are in addition to any other remedy available to us at law or
in equity.
10. Arbitration.
(a) Nature of the Dispute. Any dispute arising under or relating to these Terms or your
purchase of our products shall be settled exclusively and finally by binding arbitration. Either party
may notify (an “Arbitration Notice”) the other of its desire to submit the dispute to arbitration
pursuant to this Section 10. It is specifically understood and agreed that any dispute may be
submitted to arbitration irrespective of the magnitude thereof, the amount in controversy or whether
such dispute would otherwise be considered justifiable or ripe for resolution by a court.
(b) Rules of Arbitration. The arbitration shall be conducted in accordance with the
Rules of JAG (the “JAG Rules”), except to the extent that the JAG Rules conflict with the
provisions of this Section 10, in which event the provisions of this Section 10 shall control.
(c) Arbitration Procedure. The arbitral tribunal shall consist of one arbitrator agreed
upon by the parties to the dispute, or if the parties fail to agree on such arbitrator within 30 days after
the date of the Arbitration Notice, then the arbitrator shall be appointed by the parties in accordance
with the JAG Rules established for the appointment of a sole arbitrator.
(d) Location; Language. The arbitration shall be conducted in English in Hendersonville, North Carolina,
or such other place in the United States of America as mutually agreed by the parties to
the arbitration proceeding.
(e) Binding Decision and Award. Any decision or award of the arbitrator shall be final
and binding upon the parties to the arbitration proceeding. The parties hereby waive to the extent
permitted by law any rights to appeal or to review of such award by any court or tribunal. The
parties agree that the arbitral award may be enforced against the parties to the arbitration proceeding
or their assets wherever they may be found and that a judgment upon the arbitral award may be
entered in any court having jurisdiction thereof.
(f) Attorneys’ Fees. The prevailing party in any arbitration pursuant to this Section 10
shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing
party for all costs and expenses incurred, including reasonable attorneys’ fees and costs for services
rendered to the prevailing party or parties.
11. Miscellaneous.
(a) Assignment. You may not assign any of your rights nor delegate any of your
obligations under these Terms without our prior written consent, and any purported assignment or delegation
shall be null and void.
(b) Governing Law. All matters arising out of or relating to these Terms are governed
by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any
choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that
would cause the application of the laws of any jurisdiction other than those of the State of North Carolina.
(c) Severability. If any term or provision of these Terms are invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term
or provision of these Terms or invalidate or render unenforceable such term or provision in any other
jurisdiction.
(d) DISCLAIMER: At no point can we guarantee that a false positive on a drug test will not occur. CBD and THC-9 at this point are difficult to distinguish in field tests and other quantifiable drug tests. We do not recommend you take the product if this is a sensitive issue at your workplace, instead show your employer our Third Party Lab Test Reports for our CBD products to begin starting the conversation.
(e) DISCLAIMER: We are making no claims or assertions about the outcomes or accuracy of THC tests. We rely solely on our Third-Party Testing Lab Reports that are certified ISO 17205 and a DEA Registered Lab meeting regulatory standards for our products.