Terms & Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

APPLICATION: These General Terms and Conditions of Sale (“Terms and Conditions”) will apply to all sales of a good (a “Product”) by Koch Agriculture Company d//b/a Matador Ranch (“Seller”).

TERMS OF PAYMENT: (a) All payments must be made in U.S. dollars or by credit card. (b) Interest may be charged on all past due amounts owed by Customer hereunder at an interest rate equal to the lesser of (i) 18% per annum and (ii) the maximum rate permitted by applicable law, from the payment due date until paid in full.

RETURNS: Customer shall, at its sole cost and expense, inspect the Product furnished hereunder immediately after delivery. Customer's failure to give written notice to Seller of any claim for a Product not conforming to the manufacturer’s warranty within sixty (60) days from the date of delivery shall constitute an unqualified acceptance of the Product and a waiver by Customer of all claims with respect thereto. If you decide to return a Product for a refund or exchange, please follow the instructions on your packing slip. Returns or exchanges must be made within sixty (60) days of purchase. Shipping and handling charges will not be refunded unless an error occurred on our part in the shipment of your order. Include the packing slip or original receipt that you received with your shipment. Indicate the reason for the return. Please send the package securely wrapped, prepaid and insured to the address below. Items returned will be promptly refunded or exchanged. Please do not send any packages C.O.D, as Seller will not accept product returns shipped C.O.D. Personalized items cannot be exchanged or returned for a refund. Send items to:

Matador Ranch Store

P.O. Box 839
Matador, Texas 79244

WARRANTY: Customer acknowledges that Seller is not the manufacturer of the Product purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Seller or its affiliates. In purchasing the Product, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the Products that may be provided by Seller or its Affiliates.

Customer acknowledges and agrees that Seller and its affiliates have not made, do not make, and expressly disclaim any warranties, representations, covenants, or guarantees, either express or implied, whether arising by operation of law or otherwise, as to the merchantability, quantity, condition, or quality of the product or its suitability or fitness for any particular purpose or use and the Product is sold “as is”.

In no event will Seller’s cumulative liability for a sale of product exceed the total purchase price of the product, whether arising under warranty, guaranty, contract, negligence, strict liability, indemnification, failure of essential purpose, or any other cause or combination of causes whatsoever. Without limitation on the foregoing, under no circumstances shall Seller or any of its affiliates be liable or have any responsibility to Customer or any third party for any indirect, special, consequential, exemplary, or punitive damages, including lost earnings, lost profits, or business interruption.

GOVERNING LAW: The sale of Product by Seller shall be governed by Texas law, both procedural and substantive, without regard to conflicts of law principles. Any action or proceeding between Customer and Seller relating to the Product shall be commenced and maintained exclusively in the state court in Motley County, Texas, and Customer submits itself unconditionally and irrevocably to the personal jurisdiction of such courts. Customer and Seller each waive, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action, claim, or proceeding related to the Product.

TAXES: Customer shall pay all taxes, duties, fees, levies, penalties, licenses or charges imposed by any government authority ("Taxes") which may now or hereafter be imposed on or with respect to the Product.