Please read these Commercial Terms and Conditions (“Terms”) carefully before using the Mill City Roasters, LLC (“MCR”) website or placing an order with us on the website, by telephone, e-mail or otherwise.

By accessing or using the MCR website or purchasing the MCR products or services available through this website or otherwise, you agree to be bound by these Terms. If you do not wish to be bound by the Terms, you may not use the MCR website or purchase goods or services from MCR and must notify MCR and return your purchase pursuant to MCR’s Return Policy.

The products sold by MCR are intended solely for commercial use by trained and experienced professional operators. You are solely responsible for following the installation, operation and maintenance guidelines and instructions, complying with all regulations for installation and operation, as well as all industry standard safety practices pertaining to commercial production equipment, commercial coffee roasting activities and commercial coffee roasting equipment.

ABOUT THESE TERMS

These Terms apply to your use of the MCR website and purchase of products from MCR whether you place an order on our website, over the telephone, by email, or otherwise.

We reserve the right to change the Terms at any time. Any change to the Terms will be effective for all new orders placed after the change is published on this website page. Please check the Terms posted on this website page before placing each order – they may have changed since your last visit.

PLEASE READ THESE TERMS CAREFULLY

Entire Agreement. The terms of use of the MCR website and purchasing MCR products are limited to those contained herein. You agree that these terms,together with your order information specifying product, quantity, or service pertinent to your purchase, contain the entire agreement between you and MCR and supersede all agreements between you and MCR. Any additional or different terms or conditions in any form are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the MCR products or engaging MCR to provide parts or perform or procure any services, you agree to be bound by and accept these terms unless you and MCR have each signed a separate agreement, in which case the separate agreement will govern.

Contract. The placement of an order with MCR or the sending by MCR of an acknowledgement e-mail does not form a contract until such time as the ordered goods or services have been dispatched to you. Any monies received from you in respect to the order shall be treated as a deposit against the value of goods or services. Once the goods have been dispatched or the services provided, the monies paid as a deposit shall be used as consideration for the value of good you have purchased.

Price. While we try to ensure that all details, descriptions and prices which appear on the MCR website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

Payment. Invoices are due and payable within the time period stated on your invoice. All invoices shall be deemed accurate unless you advise MCR in writing of an error within 10 days following receipt. You are responsible for sales tax and any other taxes or governmental fees associated with your order. If you qualify for a tax exemption, you must provide MCR with a valid certificate of exemption. You will also pay all freight, insurance and taxes (including but not limited to import duties, sales, use and excise taxes).

Other MCR Policies. You agree to MCR’s Return and Warranty policies as stated at the MCR website. Personal Information. If you wish to purchase any MCR product or service you may be asked to supply certain information relevant to your purchase, including without limitation your name, telephone number, address and credit card or payment information. When placing an order, you undertake that all details you provide to us are true and accurate and that you are an authorized user of the credit or debit card used toplace your order. All prices advertised are subject to change. You agree that MCR shall not be responsible or liable for any damage or loss caused by or in connection with the supply of personal information except in such instances in which it would be unlawful to provide for such a limitation on liability.

Delivery and Title. Delivery dates communicated or acknowledged by MCR are approximate only, and MCR shall not be liable for, nor shall MCR be in breach of its obligations to you, for any delivery made within a reasonable time before or after the communicated delivery date. Title in MCR products shall pass to Buyer F.O.B. Origin. Title and risk of loss for the Products will pass to you upon delivery by us to the carrier. Delivery dates are approximate, failure to deliver by any specified date will not be sufficient cause for cancellation by you of your order, nor will MCR be liable for any damages or losses arising out of delays in delivery. MCR may deliver products in installments and invoice separately for each delivery. If a shipment is delayed at your request, you will reimburse MCR for all costs associated with such delay. Special packaging requirements, if agreed to in writing by MCR, will be at your expense.

Inspection and Notification. You will be responsible for inspecting all products shipped here under, and you will give MCR written notice of non-conforming or damaged products upon receipt. If you fail to notify MCR of non-conformance or damage within a five-day period, the products will be deemed accepted by you. However, such acceptance will not be considered a waiver under the separate MCR warranty.

Freight Claims. Some orders are covered under insurance policies of third-party shippers contracted to deliver orders to you.While MCR may assist you with the claims process, including in forwarding to the appropriate parties any claim submitted by you pursuant to the inspection and notification procedures above, any such “freight claims” are solely between you and the shipper contracted to deliver your order and MCR shall bear no liability for any damage incurred once your order has been shipped.

Third Parties. Our website may contain links to third-party websites or services that are not owned or controlled by MCR, including but not limited to sites contracted by MCR for payment processing. MCR has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party website or service. You further acknowledge and agree that MCR shall not be responsible or liable,directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Intellectual Property. The intellectual property rights in all software and content (including photographic images) made available to you on or through the MCR website remains the property of MCR and is protected by copyright laws and treaties. All such rights are reserved by MCR.

Site Information. The material displayed on the MCR website is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, MCR hereby expressly excludes all conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever.

Limitation of Personal Liability. You accept that, as a limited liability entity, MCR has an interest in limiting the personal liability of its owners, officers and employees. You agree that you will not bring any claim personally against any such party in respect of any losses you suffer in connection with this website or as a result of the purchase of an MCR product or service.

This Agreement. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unreasonable, the other provisions will continue in effect. This agreement will be governed by the laws of the State of Minnesota,withoutregardto the conflicts of law. The parties agree that any dispute will be brought exclusively in the state or federal courts located in Hennepin County, Minnesota. The parties agree to submit to the personal jurisdiction of such courts.

If you have any questions about our Terms, please contact us at 612-886-2089.