These
terms and conditions of sale for international 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 (USA) facility by authorized
personnel. All orders accepted by Wildlife Supply company
shall subject the customer to the jurisdiction of the
courts of the United States and the state of acceptance.
Upon submission to, and acceptance of, an order by Wildlife
Supply Company, the customer warrants that it is purchasing
the products for the purpose of importing them to the
country specified in the order, without any re-export
or diversion, unless otherwise agreed to in writing by
Wildlife Supply Company. Please call us for quotations
on large numbers of items.
Payments
and credits. Unless otherwise agreed, all export sales
are made on condition that Purchaser make payment by cash
in advance at the time of order in US dollars. At this
time, credit cards, company checks, money orders, and
wire transfers are the only accepted methods of payment
for orders. Customer agrees to apply all credit balances
within one year of issuance, else they shall become the
property of Wildlife Supply Company.
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.
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. At Wildlife
Supply Company's option, freight policy for export orders
may be subject to special terms and conditions. Wildlife
Supply Company will ship an order in entirety (complete)
unless otherwise instructed 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.
Customer shall be responsible for any and all duties,
taxes, tariffs, etc. associated with importation of the
product. Under no circumstances shall Wildlife Supply
Company pay these charges. Additionally, Customer shall
be responsible for legally obtaining all necessary permits
or licenses necessary for importation of products from
Wildlife Supply 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
carries products manufactured to United States standards,
and as such, may not meet local standards. Customer agrees
to verify that products do meet these standards prior
to ordering. 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 Science First, 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.
