The purchaser hereby agrees that all amounts due to Bluegrass Ingredients are payable 10 days from the date of invoice unless otherwise noted on the invoice. If any amount due to Bluegrass Ingredients is not paid within the said period, a delinquency charge of 1.5% per month of the delinquent balance shall be added to the sum due. The purchaser agrees to pay, in the event the account becomes delinquent and is turned over to an attorney for collection, attorney’s fees plus all associated collection costs. The parties hereto agree that any dispute shall be governed by the laws of the State of Kentucky and any litigation arising out of this agreement shall be in Barren County, Kentucky.
Title and risk of loss pass to the buyer upon delivery of the product to the carrier. Delivery dates are estimates only and Bluegrass is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of Bluegrass, nor shall the carrier be deemed an agent of Bluegrass. Delayed delivery of any part of an order does not entitle the buyer to cancel other deliveries.
Bluegrass Ingredients warrants the buyer that products purchased will conform to applicable buyer’s specifications. If Bluegrass breaches this warranty, buyer’s remedy is limited to (at Bluegrass Ingredients election) (1) refund of buyer’s purchase price for such production (without interest), or (2) replacement of such products; provided that such products must be returned to Bluegrass within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the product has been subject to misuse, neglect, accident or modification.