The lack of one or more signatures shall not prevent a valid and binding agreement from being
formed between the parties.
Damaged Goods at the time of delivery
The Milky Whey, Inc. (also referred to as "Seller") reserves the right to deny credit and or
replacement for damaged goods if the following steps are not taken.
- If damage is present, clear pictures must be taken of the damaged Product while still
on the truck, before being unloaded.
- Damage must be noted on the delivering bill of lading and signed by the consignee and driver.
- The Milky Whey, Inc. must be notified of any damage as soon as possible.
- Damaged product must be either rejected and sent away on the delivering truck or kept at
the delivery location until the claim has been settled. Product must not be disposed of
without written permission from The Milky Whey, Inc.
-
Delays / Force Majeure
Any delivery date for the goods acknowledged by Seller is a desired and not a promised
date. Seller will make commercially reasonable efforts to meet the delivery schedules but
shall not be liable for failure to do so. Seller shall not be liable for any damage to or
loss of the goods or any delay in or failure to deliver, service, repair or replace the goods
arising from shortage of raw materials, failure of suppliers to make timely delivery, labor
difficulties of any kind, fire, windstorm, flood, theft, war, embargoes, criminal or terrorist
acts, governmental acts or rulings, loss or damage or delays in carriage, failure or disruption
of communication facilities, acts of God, or any other circumstances reasonably beyond
Seller's control. Seller may allocate production where shortages exist due to a force
majeure event to its customers in any manner Seller deems reasonable, including, but not
limited to, proportionately, chronologically, or based on proximity or efficiencies in production
or fulfillment. Goods stored at the request of Customer or because Customer refuses or delays
shipment shall be at the risk and expense of Customer.
Limitation of Liability
Seller shall not be liable whether in contract, in tort, under any warranty, in negligence,
or otherwise, for consequential, special or incidental damages, including transportation costs,
lost profits, or lost revenues or any diminishment in value caused by such damages. Under no
circumstance shall Seller´s liability or Customer´s remedy for damages against Seller exceed the
amount of the purchase price of Seller´s goods described on this order. Failure of Customer to
give prompt notice shall bar Customer from any remedy against Seller. In no event shall any
cause of action arising out of the order or concerning the goods themselves be brought by
Customer more than thirteen months after the date of Seller´s delivery of the goods into the
hands of a carrier for shipment. Customer´s limited warranty of repair or replacement or return
of the purchase price are Customer´s sole and exclusive remedies.
Limited Warranties
The Milky Whey, Inc. makes the following limited warranties to Customer concerning the product.
- Unless otherwise noted, at the time of delivery to Customer, F.O.B. pickup location, Product
will substantially and materially conform to the producer´s specifications.
- The limited warranties shall be void if, promptly upon receipt and prior to use or resale,
Product is not inspected, sampled and tested by Customer for compliance with the applicable
terms and specification; if Customer or Customer´s agents do not store and handle the Products
properly and in accordance with the producer´s specifications; or if any breach of warranty is
caused by Customer, Customer´s agents, or any person other than The Milky Whey, Inc. The above
limited warranties do not extend to any consumer under federal law or to any person other than Customer.
Exclusion of Warranties
There are no warranties which extend beyond these terms. The limited warranties section in
lieu of any and all other warranties, express or implied. The Milky Whey Inc. excludes any
warranties other than those set forth above, including but not limited to any implied
warranties of merchantability, suitability and fitness for a particular purpose
