Eggs: The “Risk” is in the “Want”

Disclaimer of warranties and liability

Buyer assumes all risks in connection with the purchase of one or more tortoise/turtle eggs.  Tortstork will appropriately pack egg to protect it during shipping, but shipping is provided by third parties over whom Tortstork has no control.  For instahatch eggs the seller will prove fertility via candling and/or heart rate via the egg buddy. At the time of shipping the egg will be fertile.  Tortstork cannot guarantee that the egg will arrive intact, but if the egg does not arrive intact, depending on the situation Tortstork will decide whether a replacement of the egg or refund is offered.  Tortstork shall have no liability for any claims, causes of action, or the like a rising at law or equity in connection with the sale and/or shipment of tortoise/turtle eggs, and moreover, shall have no liability for incidental, consequential, and/or special damages; although it is the intent of the parties that seller shall bear no liability, the parties further agree that sellers liability is explicitly limited to the amount paid for the egg or eggs which are the subject of the transaction.  Buyer is buying egg or eggs in “as is” condition and is not relying on any warranties of any kind, whether express or implied.

The organization receiving the donation from a purchase shall bear no liability for any issue that would arise between the Buyer and Seller.