These terms and conditions of sale for United States customers,
along with related documents, shall constitute the entire
agreement between Wildlife Supply Company and the customer.
No terms may be modified without written authorization
from Wildlife Supply Company. If any provision of these
Terms and Conditions of Sale shall be deemed illegal or
unenforceable, such illegality or unenforceability shall
not affect the validity and enforceability of any other
provisions.
Orders.
All orders must be accepted and verified by Wildlife Supply
Company in its Buffalo, New York facility by authorized
personnel. For items not found in our catalog or large
numbers of items, please contact us for a quotation. Wildlife
Supply Company must collect applicable sales taxes from
non-exempt purchasers with shipping addresses within New
York State.
Shipping
Damage. Customer must inspect packages within
seven (7) days of receipt for any damage to product due
to shipping and report any damaged product to the carrier
and to Wildlife Supply Company. Damage reports received
after seven (7) days may result in Wildlife Supply Company
being unable to be reimbursed for damaged goods, and customer
may be liable for payment of damaged goods. Save all packaging
material in event of receipt of damaged product so a claim
may be filed. In the event of any obvious damage to the
outer container, note damage when signing for the goods,
or refuse delivery of the goods.
Claims
for Missing Items. Do not throw out any packaging
material until you have checked package contents thoroughly.
Small items may become lost among packaging materials.
Contact us for replacement of the missing items within
seven (7) days of receipt of the goods. Failure to contact
Wildlife Supply Company within this time frame may result
in Wildlife Supply Company being unable to send out replacement
items.
Returns,
Repairs, Replacements. Please call for a return number
(RMA) for any return or repair. Returns are only accepted
within thirty (30) days of date of invoice. Write the
RMA number on the outside of the carton. Product returned
without an RMA number will be refused. We cannot accept
returns on Made to Order products, product modifications,
and custom products, unless our error. We reserve the
right to apply restocking charges (at least 20% of invoice
amount plus shipping) to any returned product unless our
error. Any returned product must be shipped freight prepaid
to our facility, unless arranged otherwise before returnng
the shipment.
Payments
and credits. If credit is established, payment terms
are Net 30 from date of invoice. Currently, credit is
only extended to governments, schools and universities,
and Indian tribes. For those customers without established
credit, payment is required prior to shipment. In this
case, payment must be via credit card, wire transfer,
money order, or company check. Customer agrees to apply
all credit balances within one year of issuance, else
they shall become the property of Wildlife Supply Company.
Shipping,
freight and importation. Freight is FOB Buffalo, New
York U.S.A. and is prepaid and added to invoices on all
orders, unless otherwise specified by Customer. Title
and risk of loss shall pass to Purchaser on delivery to
the common carrier or vessel in the United States. If
product is damaged in transit, we will assist Purchaser
with filing a claim with the carrier, vessel, and/or insurance
company.
Products,
warranties. Customer warrants that it has no right,
title or interest in the trademarks or copyrights in the
products carried by Wildlife Supply Company, and Purchaser
covenants that it will take no action to register or otherwise
interfere with such rights. Wildlife Supply Company maintains
a database of warranty and other product information on
products contained within its catalog. As a service to
customers, Wildlife Supply Company will supply such information
to customers that request it. Wildlife Supply Company
shall not be liable for any delay in or impairment of
performance resulting in whole or in part from Acts of
God, severe weather conditions, labor disruptions, governmental
decrees or controls, insurrections, war risks, shortages,
inability to procure or ship product or obtain permits
and licenses, supplies or raw materials, or any other
circumstances or causes beyond the control of Wildlife
Supply Company in the conduct of its business. Purchasers
are responsible for verifying suitability and compatibility
of products before purchase.
Governing
law, dispute resolution. These terms and conditions
shall be construed, interpreted and performed exclusively
according to the laws, excluding conflict of law rules,
of the State of New York, United States of America. Any
legal action with respect to any transaction must be commenced
within one year after the cause of action has arisen.
The provisions of the Uniform Commercial Code as adopted
by the State of New York, and not the United Nations Convention
on Contracts for the International Sale of Goods, shall
apply. Actions by Wildlife Supply Company for nonpayment by the
Purchaser of the purchase price of products sold by Wildlife Supply Company, or for redress of other breaches by the Purchaser
of the Terms and Conditions of Sale, may be brought by
Wildlife Supply Company, at its option, before any judicial court
of competent jurisdiction. At Wildlife Supply Company's option,
disputes between the Purchaser and Wildlife Supply Company, including
all claims for non-performance by Wildlife Supply Company, shall
be finally settled by arbitration in Buffalo, New York,
USA under the Rules of the American Arbitration Association,
which Rules with respect to matters not regulated by them
shall incorporate the UNCITRAL arbitration rules by one
or more arbitrators appointed in accordance with said
Rules applying these Terms and Conditions and consistent
provisions of the internal laws (except conflict of law
rules) of the State of New York, USA.
Limitation
of Liability. WILDLIFE SUPPLY COMPANY (INCLUDING WILDLIFE
SUPPLY COMPANY'S PARENTS, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND
THE REMEDIES SET FORTH HEREIN.
CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE
OF PRODUCTS OR SERVICES, WILDLIFE SUPPLY COMPANY IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE
THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE
OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.
THE
FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR
CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY,
EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE
OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL
BREACH OR BREACH OF A FUNDAMENTAL TERM).
NEITHER
WILDLIFE SUPPLY COMPANY NOR CUSTOMER MAY INSTITUTE ANY
ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE
THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS
ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN EIGHTEEN
(18) MONTHS FROM THE DATE OF LAST PAYMENT.
