Standard Terms of Sale
This Agreement applies to any order, purchase, receipt, delivery or use of any products and services (collectively, “Products”) directly from CornBorn, LLC or any of its subsidiaries or affiliates (“CornBorn, LLC”), unless you enter into a separate written agreement with CornBorn, LLC.
THIS AGREEMENT APPLIES TO YOUR PURCHASE UNLESS YOU NOTIFY CornBorn, LLC IN WRITING THAT YOU DO NOT AGREE TO THIS AGREEMENT WITHIN 15 DAYS AFTER YOU RECEIVE THIS AGREEMENT AND YOU RETURN YOUR PRODUCT OR CANCEL SERVICES UNDER CornBorn, LLC’S RETURN POLICY. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 4 BELOW.
1. Acceptance and Payment Terms. Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. Orders are deemed accepted only when fulfilled. You are responsible for paying all taxes associated with your order. CornBorn, LLC may change prices without notice to you before CornBorn, LLC enters your order and may modify and substitute Products and components without notice to you prior to shipping. Payment is due at the time stated in your invoice or when Product is shipped unless CornBorn, LLC has extended credit to you. Amounts not paid when due bear interest at the rate of 1.5% per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower.
2. Shipping and Title. CornBorn, LLC will arrange to ship Products to you. Title and risk of loss to Products pass to you when CornBorn, LLC’s designated shipper delivers Products to the address you specify. You must notify CornBorn, LLC of damaged or missing items from your order within fifteen (15) days after you receive your Product.
3. Return Policy. You may return Products within 21 days after you receive your Products. Returned Products must be in the same condition you received them. Once you notify CornBorn, LLC of your intention to return Products you will be advised of CornBorn, LLC’s return procedures. You must return Products within 7 days after you have received all authorization from CornBorn, LLC. CornBorn, LLC will refund the original purchase price of Products (including related sales taxes), subject to the provisions below. ORIGINAL SHIPPING & HANDLING, DELIVERY AND SIMILAR FEES (INCLUDING RELATED SALES TAXES) ARE CONSIDERED SERVICES ALREADY CONSUMED AND ARE THEREFORE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PROPERLY PACKAGING PRODUCTS TO BE RETURNED AND FOR DELIVERING THE PRODUCTS TO THE COMMON CARRIER DESIGNATED BY CornBorn, LLC. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT DURING RETURN SHIPMENT. Additional fees may be charged for any product returned without original packaging, missing parts or manuals, or otherwise not in like-new saleable condition. CornBorn, LLC will not accept for return any Products you purchased from a Reseller. Additional restrictions may apply on certain Products, including a reduced return period for used Products. Please visit our web site at CornBorn.org for more information.
4. Dispute Resolution. You and CornBorn, LLC agree that any Dispute between you and CornBorn, LLC will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. You and CornBorn, LLC will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and CornBorn, LLC. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person whichever method of presentation you choose. If you prevail in the arbitration of any Dispute with CornBorn, LLC, CornBorn, LLC will reimburse you for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any Product or service from CornBorn, LLC, or (iii) any other dispute arising out of or relating to the relationship between you and CornBorn, LLC; the term “CornBorn, LLC” means CornBorn, LLC, Inc, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/ or any third party who provides Products or services purchased from or distributed by CornBorn, LLC; and the term “you” means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from the NAF on line at www.arbforum.com, by calling 800-474-2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405. THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF SOUTH DAKOTA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.