1. Incorporation by Reference. The following “Terms and Conditions” are attached to, expressly incorporated in, and made part of every “Document” (as that term is defined below) by reference herein.
2. Definitions. “Seller” shall refer to Lauren McMeikan. “Purchaser” shall mean the purchaser, buyer, distributor, broker, or customer identified in the applicable document on which these Terms and Conditions are written, to which they are attached or into which they are incorporated by reference, irrespective of whether such document is a proposal, quote, invoice, confirmation, statement, bill of sale, packing slip or another similar document (hereinafter, all references to such documents and these Terms and Conditions, collectively, shall mean the “Document”). “Goods” shall mean all goods, materials, equipment, supplies, packaging, and/or services that are sold, distributed, supplied, transferred, delivered, and/or provided by Seller to or for the benefit of Purchaser as described on the face of this Document or otherwise. Purchaser and Seller shall also include any and all respective owners, officers, directors, employees, agents, affiliates, subdivisions, representatives, successors, and/or assigns of Purchaser or Seller.
3. Terms and Conditions Exclusive. THIS DOCUMENT CONSTITUTES THE COMPLETE AND FINAL AGREEMENT BETWEEN SELLER AND PURCHASER WITH RESPECT TO THE GOODS. THIS DOCUMENT SHALL NOT BE AMENDED, MODIFIED OR SUPERSEDED, WHETHER BY COURSE OF DEALING OR USAGE OF TRADE, PRACTICE OR OTHERWISE, EXCEPT BY A WRITING THAT IS SIGNED BY AN AUTHORIZED OFFICER OF SELLER, REGARDLESS OF ANY OTHER TERMS AND/OR CONDITIONS THAT MAY APPEAR ON PURCHASER’S DOCUMENTS. ALL SUCH PURCHASER DOCUMENTS ARE HEREBY EXPRESSLY OBJECTED TO AND REJECTED BY SELLER WITHOUT FURTHER NOTICE TO PURCHASER. THIS DOCUMENT IS EXPRESSLY CONDITIONED UPON PURCHASER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. PURCHASER’S ACCEPTANCE OF ANY PERFORMANCE BY SELLER SHALL BE DEEMED AS PURCHASER’S ACCEPTANCE OF ALL THE TERMS AND CONDITIONS PROVIDED BY THIS DOCUMENT.
4. Disclaimer of All Warranties and/or Guarantees. By placing an order or accepting the delivery, Purchaser hereby acknowledges that the Goods are sold on an “AS IS” and “WITH ALL FAULTS” basis only. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR PURPOSES, OR WARRANTY OR GUARANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IS MADE REGARDING PERFORMANCE, SAFETY, SUITABILITY, STABILITY, USE, COMPLIANCE WITH ANY LAW OR REGULATION OR OTHERWISE AS TO SUCH GOODS. IN NO EVENT WILL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS OR SALES, LOSS OF REVENUES, LOSS OF OPPORTUNITIES OR ANY OTHER FORM OR TYPE OF DAMAGES WHATSOEVER, WHETHER TO PROPERTY OR BODILY INJURY OR LIFE OR OTHERWISE, ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE ORDER, SALE, PURCHASE, TRANSFER, DELIVERY, USE OR MISUSE OF THE GOODS (EVEN IF SELLER HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE). This Document is not intended to be all-inclusive as to the manner and conditions of use, handling, storage, disposal, application, combination, reactive properties, and/or any other factors that may involve other or additional legal, physical, environmental, chemical, safety, performance or other conditions, and Seller expressly disavows and assumes no liability whatsoever for the use of or reliance upon this information. By ordering or taking delivery of the Product, Purchaser understands and agrees that all safe handling and appropriate use of the Product remains the sole and exclusive responsibility of Purchaser. NO WAIVER, ALTERATION, ADDITION, OR MODIFICATION OF THE FOREGOING SHALL BE VALID OR ENFORCEABLE UNLESS MADE IN A WRITING, OTHER THAN THIS DOCUMENT, THAT IS FULLY SIGNED BY AN AUTHORIZED OFFICER OF SELLER AND DATED AFTER THE DATE OF THIS DOCUMENT.
5. Inspections and Limited Remedy. The purchaser will promptly inspect each delivery of the Goods for any damage or defect. PURCHASER WILL NOTIFY SELLER OF ALL CLAIMED DAMAGE OR DEFECT WITHIN THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE GOODS. If Purchaser fails to inspect or notify Seller as provided herein promptly, Purchaser shall be deemed to have fully accepted the Goods and to have waived any damage claim, defect, or refund. If Purchaser promptly inspects the Goods upon delivery and notifies Seller as to Purchaser’s claim within the period as provided herein that the Goods are subject to damage or defect, Seller shall review Purchaser’s claim and, if Seller determines such claim to be valid, Purchaser and Seller shall mutually agree as to the method and timing of curing such damage or defect. Any limited remedy of Purchaser against Seller as provided herein shall be barred unless adequate notice is given in accordance with this Section 5. PURCHASER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER, REGARDLESS OF THE NATURE OF ANY ASSOCIATED CLAIM OR THEORY OF RECOVERY OR OTHERWISE, SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE GOODS OR CREDIT FOR THE PURCHASE PRICE OF THE GOODS, AT THE EXCLUSIVE OPTION OF SELLER, AS LONG AS PURCHASER COMPLIES WITH THE REQUIREMENTS OF THIS SECTION 5.
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©2021 by Lauren McMeikan Rosen, LMFT.
Disclaimer: The information contained on this website is intended for informational and education purposes only and is not meant to be a replacement for therapy. If you are interested in treatment, you can email me and I will happily provide you with more information