Terms of Service

These Terms and Conditions of Sale shall control the sale of NuttZo LLC (“NuttZo”, “we”, “our” or “us”) products, including snack products, butter spreads, Organic 2go products, and any other similar products produced by NuttZo (hereinafter collectively referred to as the “NuttZo Products”). “NuttZo” shall mean NuttZo LLC and/or its subsidiaries and affiliates. NuttZo's acceptance of any order is expressly subject to Buyer's assent to each and all of the terms and conditions set forth herein. Buyer's assent to these terms and conditions shall be conclusively presumed from Buyer's failure to submit written objection, or from Buyer's acceptance of all or any part of the goods or services ordered. No addition to or modification of these terms and conditions shall be binding upon NuttZo unless expressly agreed to in writing. If Buyer's purchase order or other correspondence contains terms or conditions contrary to or in addition to these terms and conditions, acceptance of any order by NuttZo shall not be construed as assent to such contrary or additional terms and conditions, or constitute a waiver by NuttZo of any of these terms and conditions. Unless alternate terms are contained in a contract or other writing signed by an authorized representative of NuttZo, these terms and conditions shall control. Any reference to Buyer's purchase order by NuttZo shall not affect or limit the applicability of the terms and conditions contained herein.
  1. PRICE. Unless otherwise confirmed by NuttZo, (a) all prices, quotations, shipments and deliveries by NuttZo are F.O.B. NuttZo's facility (“Shipping Point”); (b) all base prices, together with related extras and deductions, are subject to change without notice; (c) all orders are accepted subject to NuttZo's price in effect at the time of shipment; and (d) all transportation and other charges are for the account of Buyer (excluding shipments by Amazon), including any increase or decrease in such charges prior to shipment.
  2. TAXES. Any tax which NuttZo may be required to pay or collect through assessment or otherwise under any existing or future law upon or with respect to the sale, purchase, delivery, transportation, storage, processing, use or consumption of any goods or services described herein, including without limitation, taxes upon or measured by receipts from sales or services, shall be for the account of Buyer and may be added to the price of such goods or services. Buyer shall promptly pay the amount thereof to NuttZo upon demand but may, in lieu of such payment, furnish tax exemption certificates acceptable to the appropriate taxing authorities to NuttZo.
  3. DEDUCTIONS. In no event is Buyer authorized to deduct any amounts from the amounts owed NuttZo unless specifically authorized in writing by NuttZo.
  4. DEFAULT IN PAYMENT. If Buyer fails to make payments on any contract between Buyer and NuttZo in accordance with NuttZo's terms, NuttZo, in addition to any other remedies available to it, may, at its option (a) defer further shipment until such payments are made and satisfactory credit arrangements are re-established; or (b) cancel the unshipped balance of any order. Past due payments shall be charged the maximum interest allowed by law.
  5. SHIPPING POINT. Unless otherwise specified by NuttZo, NuttZo reserves the right to produce and ship all or any part of the goods specified in any order from any of its facilities.
  6. INTERNATIONAL SHIPPING. NuttZo ships internationally. At this time, international orders are shipped via various carriers. Rates vary based on total weight and final destination. Pricing does not include duties, insurance costs, or value-added taxes, if any. If assessed, these charges are the responsibility of the package recipient, who will be billed by the local Customs office.
  7. SPECIFICATIONS. NuttZo shall have no obligation to ensure that any goods or services purchased from NuttZo meet Buyer’s unique specifications and/or other requirements unless such specifications and/or other requirements are set forth in Buyer's purchase order and expressly accepted by NuttZo.
  8. TRANSPORTATION. NuttZo will use all reasonable efforts to comply with Buyer's requests as to method of transportation, but NuttZo reserves the right to use an alternate method of transportation, whether or not at a higher cost to Buyer, if the method specified by Buyer is deemed by NuttZo to be unavailable or would compromise product quality or safety. In any such case, NuttZo shall promptly notify Buyer of any such change.
  9. DAMAGED GOODS. If any goods arrive at Buyer's destination in a damaged condition or a shortage occurs, Buyer shall immediately report the damage or shortage to NuttZo. Any loss or shortage caused by damage in transit will be for account of Buyer.
  10. CLAIMS. Unless otherwise expressly agreed by NuttZo, claims respecting the condition of goods, compliance with specifications or any other matter affecting goods shipped to Buyer must be made promptly and in no event later than thirty (30) days after receipt of the goods by Buyer.
  11. LIMITED LIABILITY. NUTTZO SHALL NOT BE LIABLE TO THE BUYER OR ANY THIRD PARTY, TO THE EXTENT PERMITTED BY LAW, FOR ANY LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO GOODWILL OR REPUTATION, DEGRADATION IN VALUE OF BRANDS OR OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EXCEPT AS PROVIDED IN A SEPARATE DOCUMENT RELATED TO THE PURCHASE OF THE PRODUCTS ENTERED INTO BY THE PARTIES, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. NUTTZO HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
  12. CANCELLATION. Orders cannot be canceled or modified by Buyer after acceptance except with the express written consent of NuttZo.
  13. TERMINATION. NuttZo may terminate any order or any part thereof as allowed by these terms. Upon such termination, Buyer agrees to waive all claims for damages, including without limitation, any loss of anticipated profits. Any claim for adjustment not asserted within ninety (90) days from the date of such termination shall be deemed to have been waived by Buyer.
  14. WAIVER. Waiver by NuttZo of any breach of any of the terms and conditions set forth herein shall not be construed as a waiver of any other breach, and the failure of NuttZo to exercise any right arising from any default of Buyer hereunder shall not be deemed to be a waiver of such right, which may be exercised at any subsequent time.
  15. CHOICE OF LAW AND VENUE. All orders shall be governed by and interpreted in accordance with the laws of the State of California. Litigation of disputes arising under this order shall be brought only in the state or federal courts of the State of California, County of San Diego.
  16. GENERAL PROVISIONS.
    1. Complete Agreement. These terms and conditions, together with Buyer’s purchase order and sales contract or agreement, if any, the Refund Policy, and the Privacy Policy[EFH1] constitute the entire agreement between Buyer and NuttZo with respect to any order. No addition to or variations from such terms and conditions, whether contained in Buyer's purchase order, any shipping release or elsewhere, shall be binding upon NuttZo unless expressly agreed to in writing by NuttZo.
    2. Assignment. Buyer shall not assign any order or any interest therein without the written consent of NuttZo. Any such actual or attempted assignment without NuttZo's prior written consent shall entitle NuttZo to cancel such order upon written notice to Buyer.
    3. Severability. If any provision herein is found void or unenforceable, the remaining provisions shall remain valid and enforceable according to their terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability set forth in this Agreement shall remain in effect.
    4. No Independent Contractor or Other Relationships. Nothing herein contained shall be deemed to create any agency, joint venture, partnership, franchise, employment, or independent contractor relationship between NuttZo and any Buyer or other person or entity.
    5. Force Majeure. NuttZo shall not be liable for any delay in or impairment of performance resulting in whole or in part from fire, floods or other catastrophes; acts of God, severe weather conditions, strikes, lockouts or labor disruption; lockdowns or quarantines; wars, riots, or embargo delays; raw material market conditions, the inability to procure supplies or raw materials; shortages of transportation equipment, fuel or labor; telecommunications, network, computer, server, storage device, hardware, software and/or Internet disruptions, failures or downtimes; unauthorized access to NuttZo’s websites and/or any telecommunications, network, computer, server, storage device, hardware, software and/or Internet systems operated by or on behalf of NuttZo; or any other circumstance or cause beyond the reasonable control of NuttZo. Additionally, manufacture, shipment and delivery are subject to any prohibition, restriction, priority allocation regulation or condition imposed by or on behalf of the United States of America or any other governmental body with appropriate jurisdiction which may prevent or interfere with fulfillment of any order.
    6. Headings. The Section headings herein are for the purposes of reference only.