The Stitching Loft agrees to sell to Purchaser for commercial use the good specified on the purchase order form in return for Purchaser’s agreement as follows:
1. All sales of the Goods to Purchaser are final. Purchaser agrees not to resell the goods, unless Seller has consented in writing to such resale. Seller makes no warranties or guarantees of any kind, and specifically excludes all such warranties except as set forth in this paragraph.. Under no circumstances shall The Stitching Loft be liable for consequential or incidental damages of Purchaser, including but not limited to lost profits and loss of goodwill. No returns, exchanges or refunds will be permitted. Notwithstanding the foregoing, Purchaser may return for exchange or refund any Goods demonstrated to be defective, if returned to The Stitching Loft within 60 (sixty) days of receipt by Purchaser.
2. Purchaser agrees to indemnify and hold harmless The Stitching Loft from and against all claims, losses and costs, including, without limitation, attorneys’ fees and expenses, and expressly including consequential damages incurred in connection with claims of injuries to persons or damage to property (whether connected with The Stitching Loft or third parties), based upon or arising out of, in whole or in part, directly or indirectly, any act or omission of Purchaser, its agents, employees and subcontractors, or use of the Goods. For purposes of the foregoing indemnity, Purchaser hereby waives any immunities to which Purchaser may be entitled under worker’s compensation laws, and assumes potential liability for actions brought by Purchaser’s own employees.
3. Purchaser acknowledges that The Stitching Loft agreement to sell to Purchaser the Goods does not grant to Purchaser any license or right to use the The Stitching Loft name. Purchaser shall not sell, either at retail or wholesale, or otherwise transfer to third parties Goods which bear The Stitching Loft, logos or designs unless such distinctive identification marks have been completely removed.
4. The parties agree that the laws of the State of Connecticut govern the purchase by Purchaser from The Stitching Loft and the rights and obligations arising from this Agreement. The exclusive jurisdictions for resolving any dispute arising out of or relating to the Purchaser’s purchase and out of this Agreement shall be the state and federal courts of the State of Maine, Cumberland County.