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Limited Warranty—Disclaimer of Warranties. The warranty obligations of Seller for Products sold by Seller will in all respects conform and be limited to the warranty, if any, extended by the manufacturer of the Products, and then only if transferable. The sole remedy available to Buyer with respect to defects in the Products will be against the manufacturer under any applicable manufacturer’s warranty to the extent available to Buyer. TO THE EXTENT THE MANUFACTURER WARRANTY IS NOT TRANSFERABLE TO BUYER AS WELL AS IN THOSE CASES WHERE SELLER IS THE MANUFACTURER, SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO THE PRODUCTS, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLER BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE USE OF DEFECTIVE PRODUCTS.

The parties agree in event of dispute that any damages are limited to the cost of the product purchased at issue. All representations and warranties, express or implied, regarding this animal feed product are nullified in the event a purchaser or user of the product (i) combines the product with any other materials, (ii) ships the product using transport vehicles other than those controlled by Journey or (iii) manufactures or processes any animal feed product in which this animal feed product is an ingredient. Furthermore, Journey disclaims any and all liability, of any nature whatsoever, resulting from the contamination of this animal feed product as a result of any of the foregoing actions.

Delivery. Any delivery dates or other schedule of performance by Seller are approximations, and the sole obligation of Seller with respect to the schedule of delivery or performance will be to use commercially reasonable efforts to deliver the Products, or otherwise to perform, consistent with the reasonable demands of its business. In any event, Seller will have no liability to Buyer or any other person for delays in performance due to strikes or labor disputes of any type; accidents, fire, floods, acts of God, or actions by governmental authorities; acts, omissions, or delays of Buyer or any other third party; shortages of labor; or without limitation of the above, for any causes reasonably beyond the control of Seller.

Title and Risk of Loss. Title to and risk of loss or damage to the Products will pass to Buyer on delivery by Seller F.O.B. (a) Seller’s facility, (b) Seller’s supplier’s facility when Products are shipped directly from the manufacturer, if other than Seller or (c) as otherwise specifically indicated in the Agreement.

Inspection and Acceptance. Buyer will have 3 days from the date of delivery to inspect the Products for defects and nonconformance and to notify Seller, in writing, of any defects, nonconformance, or rejection of the Products (other than defects or nonconformities due to damage, shortage, or errors in shipping that will be reported as set forth below). Claims for shipping damage, errors, or shortages must be made in writing to Seller no more than 7 days after receipt of shipment. After this period, Buyer will be deemed to have irrevocably accepted the Products, if not previously accepted. After acceptance, Buyer will have no right to reject the Products for any reason or revoke acceptance. Claims for damage due to shipping must be made by Buyer to the freight carrier.