QUIRKY HOMEBREW SUPPLY

TERMS AND CONDITIONS OF SALE

[Effective October 30, 2017]

These Terms and Conditions of Sale (“Agreement”) apply to all orders and purchases (“Product”), including but not limited to sales by Internet, telephone, and in-store, from Quirky Homebrew Supply (“Vendor”). By placing an order for Product, the buyer (“Customer”) accepts and agrees to be bound to the terms and conditions of this Agreement. This Agreement may not be altered, supplemented, or amended by the use of a purchase order or any other document unless otherwise agreed to in a written agreement signed by both Vendor and Customer. This Agreement shall prevail over any additional, conflicting or inconsistent terms and conditions that may appear on any purchase order or other document furnished by Customer.


1. Sale and Purchase of Products. Vendor hereby agrees to sell, and Customer hereby agrees to purchase, the quantity and type of Product described on the Estimate, Invoice, or Product Listing (collectively herein the “Invoice”) provided to Customer by Vendor on the terms and conditions set forth in this Agreement.

2. Purchase Price. Customer agrees to pay the Purchase Price of the Product as stated on the Invoice.

3. Taxes. The Customer shall be responsible for the payment of sales tax, if any such tax is due.

4. Payment Terms. 
The total amount of the Purchase Price shall be payable in full by Customer upon receiving the Product at the Vendor’s physical retail establishment.

5. Warranty. Vendor provides no warranty on any Product beyond any warranty provided by Product’s manufacturer or supplier.

6. Disclaimers; Limitation of Liability. VENDOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED BY VENDOR. VENDOR SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY CUSTOMER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY PRODUCT.

VENDOR DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. VENDOR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. VENDOR AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, VENDOR IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT.

7. Governing Law. The parties agree that this Agreement and any claim, dispute or controversy (whether in contract, tort, or otherwise) between Customer and Vendor arising from or relating to this Agreement, shall be governed by the laws of the state of Colorado, without regard to conflicts of laws rules.