1. Terms of Sale. Customer’s orders for Nutraceutical Corporation (Nutraceutical) products containing hemp and/or CBD (Hemp/CBD Products) are governed by the following guarantee and supplemental terms and conditions of sale (the “CBD Guarantee”).
2. Nutraceutical Hemp/CBD Guarantee. Subject to Customer’s compliance with the Customer Covenants described below, Nutraceutical guarantees to all authorized resellers of its Hemp/CBD Products that:
- All CBD is derived from hemp (also known as Cannabis sativa).
- All hemp used in production of the Hemp/CBD Products is grown on a farm with a state or USDA license.
- All Hemp/CBD Products have THC concentration of less than 0.3% on a dry weight basis.
- Each Hemp/CBD Product label accurately states the contents and ingredients of each capsule, including the amount of CBD, within applicable and allowable variances.
- A Certificate of Analysis is available for each batch by scanning the QR code found on the Hemp/CBD Product label.
- Our Hemp/CBD Product packaging and marketing materials do not claim to diagnose, treat, or cure any disease.
- All Hemp/CBD Products are manufactured in a facility that follows FDA’s current Good Manufacturing Practices.
- All Hemp/CBD Products contain the warnings required by California’s Proposition 65.
3. Customer Covenants. Customer covenants that: (i) it shall not sell or ship any Hemp/CBD Product to any retail outlet or consumer located within any state or other geographical territory identified at any time as “CBD Restricted” by Nutraceutical; (ii) it shall properly store the Hemp/CBD Product in reasonably cool, dry conditions and not allow it to be exposed to excessive temperatures or humidity; and (iii) it shall not, and shall not allow its employees or agents to, remove, alter, or change any labeling or warning statements contained in or referenced on any Hemp/CBD Product or make any claims about the Hemp/CBD Product that are inconsistent with or in addition to those contained on the labeling, nor any claims that the Hemp/CBD Product cures or might mitigate or address any disease or illness (the foregoing are collectively, the “Customer Covenants”).
4. Additional Terms. Except as set forth above, all sales of Hemp/CBD Products are subject to Nutraceutical Corporation’s Terms and Conditions of Sale, found at www.nutraceutical.com/terms-and-conditions/. In the event of a conflict between the Nutraceutical Terms and Conditions of Sale and this CBD Guarantee, the conflicting provision of these terms shall prevail. This CBD Guarantee may be updated from time to time by Nutraceutical by posting the updated version to www.nutraceutical.com/customers and the version in effect at the time any order is placed shall be the version that controls.
5. Recall or Retrieval of Product. If Customer or Nutraceutical is required to suspend sales or conduct a recall of the Hemp/CBD Product as a result of legal or regulatory action taken by any local, state or federal agency(ies) brought against Customer or Nutraceutical, then as long as Customer is in compliance with the Customer Covenants and such retrieval or recall is not a result of a breach of the Customer Covenants, Nutraceutical agrees to reimburse Customer for: (i) its actual shipping costs incurred in returning the Hemp/CBD Product to Nutraceutical; and (ii) the purchase price paid by Customer to Nutraceutical for all Hemp/CBD Product so returned to Nutraceutical that is not expired or past its use by date, which may be in the form of a credit. In the event of a product recall or retrieval that is initiated or approved by Nutraceutical, each party agrees to take all actions that are reasonably necessary and appropriate, including contacting customers and assisting in the return, transfer, or destruction of the Hemp/CBD Products. Nutraceutical’s liability arising from a product recall or retrieval, or other corrective action, shall not exceed the amounts paid by Customer to Nutraceutical for the associated Hemp/CBD Products plus the shipping costs referenced above. The parties agree to provide the other party all necessary and pertinent information in its possession or control arising out of a recall or similar action; all such information shall be treated as confidential.