All products are sold by seller under only the manufacturer’s warranty. The product manufacturer’s warranty is the exclusive remedy available to customers for product defects in material or workmanship and for any damages, including CONSEQUENTIAL DAMAGES. THERE ARE NO OTHER WARRANTIES, EXPESSED OR IMPLIED, INCLUDING WIHTOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY: Seller’s entire liability with respect to any product provided to purchases under this agreement shall be limited to Seller’s invoiced price for such product. In no event shall Deller be liable to Purchaser and/or any other person for any incidental consequential or special damages, including without limitation those resulting or arising from the use or inability to use any products, whether arising from negligence or strict liability, or otherwise. TAXES: All applicable state and local taxes shall be in addition to the purchase price and shall be paid by Buyer to Seller or in lieu thereof Buyer shall provide Seller with a tax exemption certificate acceptable to all applicable taxing authorities. Buyer will indemnify Seller for any such tax liability incurred by Seller in the event Buyer fails to pay such taxes or duties. FAILURE TO PAY OR INVOLVENCY: Failure by Buyer to pay any part of the purchase price when due, or in the event that proceedings in bankruptcy, receivership, or insolvency are instituted by or against Buyer or his/her property, Enhanced Beverage Solutions may, at its options, cause the entire unpaid balance to become due and immediately payable. Buyer hereby expressly waives any right to action which accrues by reason of the entry for taking possession of or the Selling of said materials and agrees to pay all costs incurred with respect thereto including service charges and reasonable attorney’s fees and court costs. ENTIRE AGREEMENT:This agreement covers all materials, which Buyer may hereafter acquire at any time from Enhanced Beverage Solutions. This Agreement constitutes the entire Agreement with Enhanced Beverage Solutions. No waivers or modifications shall be valid unless the same are in writing and executed by the parties hereto. This contract shall apply and accrue to the benefit of, and be binding upon, their heirs, the executors, administrates, successors, and assigns of the respective parties. LITIGATION: In the event of any litigation arising out of this agreement, Enhanced Beverage Solutions shall be entitled to its reasonable costs and expenses incurred including attorney’s fees. I, the undersigned, have read, understand and agree to the TERMS OF SALE AND CONDITIONS for RESELLER ACCOUNTS, of Enhanced Beverage Solutions.