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APPENDIX 7 TERMS AND CONDITIONS OF SALE
When you purchased your GOfermentor JR you agreed to the following Terms & Conditions of Sale. If for some
reason you feel that you are unable to abide by these conditions please return the equipment in as-new condition
for a full refund (minus shipping charges). Contact
for Return Authorization.
The following Terms and Conditions of Sale (hereinafter, this “Agreement”) constitute a binding agreement
between you (hereinafter, “PURCHASER”) and Engineering Investments, LLC
dba GOfermentor
(“hereinafter
“COMPANY”).
COMPANY and PURCHASER are sometimes hereinafter referred to individually as a “Party” and jointly as “the
Parties.”
1.
DEFINITIONS.
As used in this Agreement,
a)
“Effective Date” means the date on which Purchaser purchases an
y Product(s) (as defined below).
b)
“Party” refers to PURCHASER or COMPANY individually, and “the Parties” refers to PURCHASER and
COMPANY jointly.
c)
“Product(s)” means any of the Products sold or provided to PURCHASER by COMPANY.
2.
COMMENCEMENT OF AGREEMENT.
This Agreement takes effect upon purchase by PURCHASER of any of the
Products and constitutes good and valuable consideration for COMPANY’s sale of such Product(s) to
PURCHASER. PURCHASER acknowledges and agrees that s/he has entered into this Agreement voluntarily,
intelligently, and with full knowledge of its consequences.
3.
LIMITED WARRANTY AND EXCLUSIONS
.
a)
Limited Warranty
. COMPANY warrants that all Products shall be free from defects in workmanship and
materials under normal use and conditions for a period of one (1) year from the date of purchase, except
that with respect to GOliners and SmartBarrel Liners (or any other Product that has a one-time use), the
foregoing warranty expires upon use. THIS LIMITED WARRANTY IS GRANTED ONLY TO THE ORIGINAL
PURCHASER AND IS VOID UPON SALE OR TRANSFER OF THE PRODUCT TO ANY THIRD PARTY.
b)
What is not covered by the Limited Warranty
. The Limited Warranty does not cover (i) the use of any
Product for other than its intended purpose; (ii) normal wear and tear; (iii) damage caused by faulty
installation; (iv) failure to follow instructions; (v) lack of reasonable care; (vi) misuse; (vii) abuse; (viii)
accident; (ix) alteration; (x) modification; (xi) tampering; (xii) any negligent act or omission on the part of
any person other than COMPANY; or (xiii) repair or service not expressly authorized by COMPANY in
writing.
c)
Exclusion of all other warranties
.
(i)
Except for the Limited Warranty provided in Section 3.a above, all Products are sold “as is” and
COMPANY expressly disclaims all other warranties, whether express or implied, including any implied
warranties of merchantability, quality, or fitness for a particular purpose. No oral or written
information or advice given by COMPANY or any of its representatives shall create any warranty,
express or implied, or in any way alter the scope of the Limited Warranty or the Parties rights or
remedies provided in this Agreement.
(ii)
Some jurisdictions do not allow the exclusion of implied warranties, so some of the exclusions
contained in this Agreement may not apply to PURCHASER. In such event, any implied warranty shall
be limited in duration to ninety (90) days from the date of invoice or to the minimum period
prescribed by law, and the remedy for breach of such implied warranties shall be limited to the Sole
and Exclusive Remedy specified in Section 4 below.
