Real Wealth Products LLC (“Seller”) agrees to sell to the entity identified on the online order form (“Buyer”), and Buyer agrees to buy, the goods identified in the online order form (“Goods”) pursuant to the terms of this “Agreement.” Buyer acknowledges that it has confirmed its acceptance of this Agreement by clicking the “ACCEPT” button on Seller’s website.
1. Purchase Price. The total purchase price is stated in the online order form, plus any applicable sales tax. Title to the Goods transfers and risk of loss to the Goods passes to Buyer upon payment in full.
2. Warranties. ALL GOODS ARE SOLD “AS IS — WHERE IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES ARE DISCLAIMED.
3. Exclusive Remedies. Buyer’s sole and exclusive remedy under this Agreement shall be replacement of any Goods that Buyer can demonstrate are defective.
4. Limitation Of Liability. SELLER’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (COLLECTIVELY “CLAIMS”) WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, WARRANTY, INDEMNITY, OR OTHER TYPE OF LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID BY BUYER FOR THE GOODS UNDER THIS AGREEMENT.
IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS AND EXCLUSIONS SPECIFIED IS BUYER’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY (INCLUDING THE EXCLUSIVE REMEDY PROVISION OF SECTION 3) FAILS OF ITS ESSENTIAL PURPOSE.
5. Entire Agreement. This Agreement is the entire contract between the parties for the sale of the Goods. It supersedes any prior or contemporaneous representations or statements. The provisions of this Agreement may not be modified or waived except by another agreement in writing and signed in handwriting between Buyer and Seller.
6. Governing Law & Venue. This Agreement shall be governed by the laws of the state of Wisconsin, both as to interpretation and performance, without regard to conflict of law provisions. All disputes arising under this Agreement shall be resolved in the state courts located in Washington County, Wisconsin and the federal courts located in Milwaukee, Wisconsin, and the Parties submit to the jurisdiction of these courts.
Published online on June 4, 2020.
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