Little Dumps sells soils and soil blends that include material sourced from Roseburg Forest Products (“Roseburg”). Roseburg has tested their soil components. Based on the analytical results, their soil is considered suitable for residential use. The test results are available upon request. Testing was done by random sampling, and some inconsistencies are anticipated between batches/loads. Neither Little Dumps nor Roseburg makes representations regarding the testing results as to the materials or use of the materials. These materials are sold ‘as is’ with no representations or warranties of any kind.
Purchaser acknowledges materials are purchased for purchaser’s separate purposes, and that neither Little Dumps nor Roseburg knows of purchaser’s intended purposes and has made no representations or warranties, express or implied, of fitness for a particular purpose. By accepting these materials, purchaser agrees that Little Dumps’ liability for any loss or damage relating to the materials, regardless of cause, shall be limited to a maximum of the total price paid for the materials. Purchaser acknowledges that the purchase price is agreed upon such that it provides separate consideration for the damages limitation provided herein, and Purchaser expressly waives defenses of lack or consideration or enforceability of the foregoing damages limitation.