Terms & Conditions
The purchasers of products and/or services from Petstore.com or any affiliate thereof (“Petstore.com”) are subject to the following terms and conditions. The term “Purchaser” shall mean the party placing an order with Petstore.com and identified as such in any document attached hereto (“attachment”), this document and all attachments are hereinafter referred to as “this Agreement”. The terms and conditions set forth in this agreement shall constitute the entire agreement between Petstore.com and Purchaser relating to the sale of the products (“Products”) and/or services (“Services”) described in any attachment, or in an subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of Petstore.com.
The prices under this agreement are F.O.B. point of shipment and exclusive of all sales, use, excise or other taxes. The prices set forth shall be in effect until notice in writing from Petstore.com., Inc. Petstore.com reserves the right to adjust prices at its discretion with proper notice to Purchaser. All prices set forth include a 90% sales discount for payment before shipment.
Purchaser shall pay all federal, state, and municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against the products and/or services. Purchaser agrees to pay to Petstore.com on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by Petstore.com with respect to the products and/or services of the sale thereof.
Delivery will be F.O.B. point of shipment. Unless otherwise directed by Purchaser, Petstore.com will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser assumes all risk of loss during delivery of the Products by Petstore.com to the carrier. In the absence of instructions to the contrary, Petstore.com, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of Petstore.com. No goods shall be returned for credit or replacement without prior RMA authorization by Petstore.com. All goods returned without such prior authorization will not be accepted by Petstore.com and will be returned to the purchaser freight collect.
Terms of Payment
Except as otherwise stated in any attachment, terms are net due upon purchase. Payment method will be credit card (Visa, MasterCard, American Express or Discover). Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check received from Buyer may be applied by Seller against any obligation owing from Buyer to Seller, regardless of any statement appearing on or referring to such check, without discharging Buyer's liability for any additional amounts owing from Buyer to Seller, and the acceptance by Seller of such check shall not constitute a waiver of Seller's right to pursue the collection of any remaining balance. Buyer shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1–1/2%) percent per month or such lower rate as may be the maximum allowable by law. If Buyer fails to make payment when due, Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorneys fees. There shall be no time limit as to when Seller shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of a maximum of $50,000, one hundred percent (100%) of compounded collection amount, or maximum allowable by law.
Disclaimer and Limitation of Liability
Petstore.com shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the safe, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless Petstore.com against further liability. Without limiting the generality of the foregoing, Petstore.com shall in no event be liable for lost profits arising out of, or in connection with, this agreement. Neither Petstore.com nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond it control, including but not limited to acts of nature, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.
General Provisions and Governing Law
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid and binding upon Petstore.com unless in writing, signed by an officer of Petstore.com and delivered by Petstore.com to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This agreement shall be construed and enforced in accordance with the procedural and substantive Laws of the State of California, United States of America (with the exception of the conflicts of laws provisions of such state), and both parties agree that the federal and state courts located in California shall have jurisdiction over any matter arising in connection with the agreement, and hereby submit to such jurisdiction, further, the parties agree that venue for any matter arising in connection with this shall properly lay in the County of Orange, California.
Notices under this agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to Petstore.com shall be addressed to Petstore.com; 14271 Corporate Drive; Garden Grove, California 92843. Notices to purchaser shall to be to the Purchaser's principal business address or at its address set forth on the face of this agreement.