PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PURPLE THISTLE FARM OR IT’S PARENT COMPANY HIGHLANDER ENTERPRISES, LLC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
This Sale Agreement is a legal contract between the Customer and PURPLE THISTLE FARM. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to “you” or “your” shall relate to the Customer; references to “PURPLE THISTLE FARM” shall relate to PURPLE THISTLE FARM and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and PURPLE THISTLE FARM relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by PURPLE THISTLE FARM. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting PURPLE THISTLE FARM at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN COLUMBIA COUNTY, WISCONSIN FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
RISK OF LOSS:
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier is PURPLE THISTLE FARM responsibility.
GENERAL LEGAL DISCLAIMER:
PURPLE THISTLE FARM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PURPLE THISTLE FARM IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
PRICING AND INFORMATION DISCLAIMER:
All pricing subject to change without notice. For all prices, products and offers, PURPLE THISTLE FARM reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While PURPLE THISTLE FARM uses reasonable efforts to include accurate and up-to-date information on the Site, PURPLE THISTLE FARM makes no warranties or representations as to the Site’s accuracy. PURPLE THISTLE FARM assumes no liability or responsibility for any errors or omissions in the content on the Site.
MADE IN THE USA LOGOS:
All “Made In The USA” information is taken directly from the manufacturer, their brochures or public information. PURPLE THISTLE FARM makes no warranties as to the legitimacy of the claims. The “Made In The USA” logo is used to signify that either all of the products, components and labor is done within the U.S., or the product is assembled in the U.S. of U.S. and foreign components.
LIMITATION OF LIABILITY:
PURPLE THISTLE FARM will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. PURPLE THISTLE FARM will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, PURPLE THISTLE FARM is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
It is the responsibility of the buyer, not PURPLE THISTLE FARM to ascertain and obey all applicable local, state and federal laws in regard to the possession and use of any item purchased from PURPLE THISTLE FARM. All products are sold upon the condition that we, the seller, shall not be liable in any action for the arrest, accident, or injury occasioned during the transportation, handling, storage, sale, or use of the merchandise. Consult your local and state laws before ordering if you are in doubt. Absolutely no sales to minors. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that he/she is of legal age. PURPLE THISTLE FARM or any of its employees will not be held liable for the misuse of any product purchased from us. When you purchase an item from PURPLE THISTLE FARM, you release PURPLE THISTLE FARM and any or all of their employees of any liability regarding your actions concerning the sale, use, ownership and shipping of any products ordered.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), PURPLE THISTLE FARM advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in RIO, WISCONSIN. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
ORDERS; PAYMENT TERMS; INTEREST; TAXES:
Orders are not binding upon PURPLE THISTLE FARM until accepted by PURPLE THISTLE FARM. Terms of payment are within PURPLE THISTLE FARM sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. PURPLE THISTLE FARM may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order. PURPLE THISTLE FARM collects WISCONSIN sales tax on all orders for WISCONSIN residents.
See Shipping Policy page for complete details.
See Return Policy page for complete details.
We accept all major credit cards and process all of our transactions through PayPal Merchant Services or our eCommerce solution (NMI) which are both PCI compliant and provide the highest level of consumer data protection and exceptional buyer and seller fraud protection.