Terms and Conditions

  1. General Overview. Customer desires to contract with WKCGRG 1, LLC dba Brootlegg™ Extracts (“Provider”) to purchase beverage keg(s) or other container(s) containing cold brew coffee or similar beverages (“Goods”) to Customer. Provider hereby accepts such contract and the Parties agree to abide by these Terms & Conditions in the conduct of their business relationship hereunder.

  2. Goods. Provider shall be responsible for supplying Customer with the Goods and Customer, its agent or designee shall be responsible for handling the Goods in the appropriate fashion including keeping the Goods refrigerated and keeping the beverage kegs in a good state of repair, normal wear and tear excepted. To the extent that Customer fails to keep the beverage kegs in a good state of repair, normal wear and tear excepted, or fails to return used beverage kegs to Provider in a timely fashion, Customer shall be charged a replacement fee for nonreturned, unusable, or damaged beverage kegs.

  3. Fees & Payment Terms. In exchange for the Goods supplied by Provider hereunder this contract, Customer shall pay to the Provider the amount(s) set forth above. Further, there will be additional fees for special deliveries. Invoices will be generated before each delivery, and the Customer shall pay upon the date stated above or upon delivery, if no date is specified. If the Customer fails to pay or fails to handle beverage kegs as described in Paragraph 2, the Provider can collect the unpaid amounts and replacement fees for unusable, damaged or nonreturned beverage kegs from the Customer's payment method on file.

  4. Taxes. Customer is responsible for sales tax and any other taxes or governmental fees associated with its order. Customer shall also pay all freight, insurance, and taxes (including but not limited to, sales, use, value add, and excise taxes), where applicable.

  5. Products & Pricing. The Provider has the exclusive right to select beverage brands and set pricing for the beverages provided for sale as Goods to Customer.

  6. Mutual Indemnification. Both parties agree to indemnify and hold each other and their respective owners, officers, directors, agents, employees and assigns harmless from any claims, liabilities, damages, losses, or expenses (including attorneys’ fees) of any kind or arising from any breach of this contract or negligence by the other Party during its performance subject to the limitation of liability set forth in Paragraph 8.

  7. Allergen Disclaimer: The Goods provided may contain or may have been further processed on equipment that may have come in contact with allergens including eggs, fish, milk, peanuts, sesame, soy, tree nuts, wheat, and/or shellfish. Also, while Provider only produces coffee within its facility, Provider cannot control what happens on the farm where the coffee is grown, where farm workers may accidentally contaminate a crop, or possibly a farm may actually grow nut trees.

  8. Limitation of liability. THE MAXIMUM LIABILITY, IF ANY OF PROVIDER, FOR ALL DIRECT DAMAGES INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURY TO PERSONS OR PROPERTY, WHETHER ARISING FROM PROVIDER’S BREACH OF THIS CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE WITH RESPECT TO THE GOODS OR ANY SERVICES IN CONNECTION WITH THE GOODS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE PARTICULAR GOODS. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  9. Choice of Law. This contract shall be governed by and construed in accordance with the laws of the State of Ohio with the County of Provider's principal place of business having complete jurisdiction over any claim, controversy or dispute related to this contract.

  10. Conflicting Provisions. Customer expressly WAIVES all provisions contained in any of Customer’s correspondence or forms involved in this sale which negate, limit, extend or conflict with provisions herein and agrees that this contract constitutes the entire contract between Customer and Provider except as expressly negated, limited or extended by Provider IN WRITING and signed by an officer of Provider.

  11. Attorneys’ Fees. The prevailing party in any enforcement of this contract is entitled to recover reasonable attorneys' fees and costs.

  12. Notices. Any notice related to this contract may be given by any of the following methods to the address(es) listed above: (a) by hand delivery; (b) by overnight delivery; (c) by United States mail with return-receipt requested; or, (d) by electronic mail (“Email”) delivery, at which time notice shall be deemed given on the date either a “read-receipt” was received by the sender (if available), or if no read-receipt is available, on the date the intended recipient of the Email notice acknowledges receipt of such notice.