Matt Cremona, LLC (“Seller”) is a Minnesota limited liability company with a principal place of business of 3505 Admiral Lane North, Brooklyn Center, Minnesota 55429. Seller makes available to purchaser (“Purchaser”) that certain sawmill plans designed by Seller (“Sawmill Plans”), subject to the terms, conditions, and limitations stated herein.
SELLER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, AND/OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. THE SAWMILL PLANS ARE SOLD ‘AS IS.’
Seller does not warrant that the Sawmill Plans meet or comply with the requirements of any particular safety code or governmental requirements. Seller reserves the right to change the design of its Sawmill Plans from time to time without notice and without obligation to make corresponding changes in or to its Sawmill Plans previously sold. Any action taken by Purchase upon the information contained in the Sawmill Plans is strictly at Purchaser’s own risk.
In no event shall Seller including its officers, agents, employees, representatives, attorneys, and parent, subsidiary, and affiliated companies be liable for damages of any nature, including without limitation, special, direct, indirect, incidental, punitive, exemplary, or consequential damages or losses, including, but not limited to, whether or not relating to or in any manner resulting from or arising out of any nonconformity of the Sawmill Plans, any defect in Sawmill Plans and workmanship, any performance or nonperformance by Seller of any of the obligations or delay of delivery or failure to deliver for whatever cause, and regardless of the sole, joint, and/or concurrent negligence, breach of contract, breach of warranty, strict liability in tort or statutory claim, or other legal fault or responsibility of Seller. No representation or other affirmation of fact by representatives of Seller, whether verbal or in writing, including photographs, brochures, samples, models, or other sales aids, shall constitute a warranty or other basis for any legal action against Seller. There are no other representations, promises, agreements, covenants, warranties, guarantees, stipulations or conditions, express or implied, by Seller.
Purchaser expressly agrees that Purchaser will not use the Sawmill Plans for business or commercial uses. Purchaser shall not sell, lease, license, transfer, or assign any sawmill based upon, in whole or in part, the Sawmill Plans. No part of the Sawmill Plans may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of Seller.