Wholesale Agreement and MAPP

Texas Hill Country Provisions & Chill Country Cannabis Retail Agreement

 

By clicking the “I accept” button on the registration form and/or signing this document, the retail purchaser (“Customer”) agrees to and accepts all of the terms stated below. These terms will govern the sale of any goods sold (“Merchandise”) by THC Provisions, LLC and/or its partners and affiliates (collectively, “Seller”), to any retail person or entity (collectively, “Customer”) placing orders in connection with retail.chillcountry.com (“Website”).

1. Intended Product Use and Restrictions

 

1.1 For Adults Only.  This product is intended for use by only persons over the age of twenty-one (21).   Customer agrees it will enact identification procedures to ensure the product is not sold or delivered to a minor under the age of 21 years.   Seller is not liable for any damages that may result from Customer serving, selling, or allowing to use/possess this product by persons under 21 years of age.

1.2 Not Intended for Use in or in Conjunction with Alcoholic/Mixed Beverages.  This product is intended for use only for mixing in non-alcoholic beverages.   Customer agrees it will not sell, serve, or market this product for mixing in any beverage the contains more than 0.5% alcohol by volume or to be accompanied as a chaser or other accompaniment to alcoholic beverages.  Seller is not liable for any damages that may result from Customer mixing or accompanying the Product with any alcoholic beverages.

1.3 Intoxication.  This product is intended for use by sober persons only.  Customer agrees not to sell, serve, or deliver this product to persons who are intoxicated (by alcohol or other substances) to the extent that they may present a danger to themselves or others Seller is not liable for any damages that may result from the sale, service, or delivery of the Product that may result due to actions or omissions from Customer’s non-adherence to this Section 1.3.

2. Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF CUSTOMER.

3. Miscellaneous

3.1 Buyer-Seller Relationship. The relationship created by this agreement is solely a buyer-seller relationship. This agreement does not make either party the employee, agent, or legal representative of the other for any purpose whatsoever. Both parties are responsible for filing their own taxes and other related documents, including but not limited to Sales and Use Tax Certificates. 

3.2 Registration requirement.  Prior to the retail sale of any Product, Customer shall ensure that it has registered its business with the Texas Department of State Health Services as a retailer of authorized hemp products.   Customer is  not  authorized to sell the Product until it shows Seller proof of  such registration.

https://www.dshs.texas.gov/sites/default/files/hemp/Consumable-Hemp-Registration-Guide.pdf

4. Governing Law; Dispute Resolution. This agreement shall be governed by the applicable laws of the State of Texas. Any dispute arising from this agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty (30) days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in Austin, Texas in accordance with the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in Austin, Texas.

By clicking the "I accept" button on the registration form and/or signing this document, you acknowledge that you have read, understood, and agree to the terms and conditions stated above.