Terms & Conditions of Sale
TERMS and CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY
IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase of products and/or services from Breuer Premium Pet Food COMP LLC (“Breuer Premium”) through its Website, http://breuerpremium.com. By accepting delivery of the products and/or services and support described on the invoice, you (the “Customer”) agree to be bound by and accept these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH BREUER PREMIUM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER BREUER PREMIUM STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Breuer Premium’s sole discretion.
1. Acceptance. Your acceptance of each and all of these terms and conditions shall be indicated by any of the following, whichever occurs first:
a. By clicking the “I ACCEPT” button below;
b. By your written acknowledgement of these terms and conditions;
c. By your acceptance of any shipment of any part of the items specified for purchase or delivery by you to Breuer Premium;
d. By your placing any order for products or services over this Website; or
e. Any other act or expression of acceptance by you.
2. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Breuer Premium.
3. Governing Law and Jurisdiction. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
4. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Breuer Premium’s sole discretion, and unless otherwise agreed to by Breuer Premium, payment must be received by Breuer Premium prior to Breuer Premium’s acceptance of an order. Payment for the products and services and support will be made by credit card. Final pricing on a Customer’s order is effective on the date that payment for the order has been received. Invoices are due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. Breuer Premium may invoice parts of an order separately. Orders are not binding upon Breuer Premium until accepted by Breuer Premium. Any quotations given by Breuer Premium will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
5. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Breuer Premium’s invoice(s). Unless Customer provides Breuer Premium with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Breuer Premium’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on Breuer Premium’s invoice.
6. Delivery;Title; Risk of Loss. Title to products passes from Breuer Premium to Customer on shipment from Breuer Premium’s facility. Loss or damage that occurs during shipping by a carrier selected by Breuer Premium is Breuer Premium’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Breuer Premium shall not be liable for any delays in delivery beyond the reasonable control of Breuer Premium including, but not limited to, delays caused by unavailability or shortages of product components from Breuer Premium’s suppliers, natural disasters, acts of war, acts or omissions of Customer, fire, strike, riot, governmental interference, unavailability or shortage of materials, labor, telecommunications, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, transportation failures or computer-related transmission failures.
7. Warranties; Limitation of Liability. CUSTOMER REPRESENTS, ACKNOWLEDGES AND AGREES THAT BREUER PREMIUM HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE DESIGN OR CONDITION OF ANY PRODUCT, OR ANY PRODUCT’S MERCHANTABILITY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY PRODUCT, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED HEREBY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREUER PREMIUM BE LIABLE TO CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY PRODUCT PROVIDED TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, OR LOSS OF USE, EVEN IF BREUER PREMIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.
8. Return Policies. Please note that not all products are covered by this return policy.
a) Shipping charges are non-refundable.
b) DOA/Defective products are allowed for return for replacement or credit.
c) All returns must be within 30 days of the invoice date. Thereafter, all sales are final.
d) All returns must be in original factory packaging with all original packing materials.
e) All miscellaneous manuals, accessories or parts must be included or Customer will be billed for the missing parts accordingly.
f) Returns must be shipped freight prepaid. Any return sent back freight collect will be refused.
g) Return authorization must be received within 10 business days from the date of the invoice or the return will be refused.
h) Special order items are not returnable.
i) Clearly marked discontinued items will not be accepted for return.
j) All replacement items will be shipped after Breuer Premium has received and processed Customer’s defective return. A new tracking number will be sent to Customer on the replacement item when it ships.
k) All credits will be made back to the original payment method.
l) Breuer Premium will not be held responsible for Customer ordering the wrong product(s), and all refusals will be credited minus the freight charges.
m) If a package arrives damaged, it is best for Customer to refuse the package. If Customer signs for and keeps the package, Customer should notate the damage when signing for it so that Breuer Premium may file a claim with the carrier in the event that the actual product was actually damaged.
n) All non-defective returns are subject to a 15% restocking fee.
9. Exchanges. From time to time, Breuer Premium may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Breuer Premium’s exchange policies in effect on the date of the exchange.
10. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale, export or use outside the United States. All products sold by Breuer Premium are intended to be sold only in the United States for use in the United States only. Shipment of any of the products outside of the United States may require a valid export license. Customer agrees to defend, indemnify and hold harmless Breuer Premium for any violation by Customer of any United States export restrictions.
11. Binding Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Breuer Premium, its agents, employees, successors, assigns or affiliates, which arise from or in any way relate to this Agreement, its interpretation, or the breach, termination or validity hereof, Breuer Premium’s advertising, website or any purchase related to any of the foregoing may, at Breuer Premium’s sole option, and only upon the exercise of that sole option by Breuer Premium, be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com/, or by telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and Breuer Premium. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained from the NAF at P.O. Box 50191, Minneapolis, Minnesota 55405. The arbitration will be limited solely to the dispute or controversy between Customer and Breuer Premium. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained from the NAF at P.O. Box 50191, Minneapolis, Minnesota 55405. Customer shall treat the existence and results of arbitration as strictly confidential. This agreement and any dispute in connection herewith shall be governed by the laws of the State of New York. In the event that more than one claim, dispute or other matters in question shall be in existence at the same time, Breuer Premium may at its sole option decide which of such claims, disputes, or other matters in question shall be arbitrated and which matters shall not be arbitrated. Such decision shall be final and unappealable, and no arbitration shall be authorized to consider, decide, or make any award or any claim or matter which Breuer Premium has determined shall not be arbitrated. In the event that Customer wishes to request arbitration of any claim, dispute or other matter in question, the Customer shall file a notice of demand for arbitration in writing with Breuer Premium specifically describing the claims, disputes and other matters in question which the Customer wishes to submit to arbitration. Customer may not unilaterally elect arbitration or cause arbitration to occur. Breuer Premium has the sole discretion to decide whether or not any such claims, disputes and other matters shall be submitted for arbitration. If Breuer Premium wishes to submit any claim, dispute or other matter in question for arbitration, whether or not it is the subject of a request for arbitration by Customer, Breuer Premium shall file a notice of demand for arbitration with the NAF and with Customer.
12. MISCELLANEOUS. These terms and conditions constitute the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and shall supercede all prior offers, negotiations, understandings and agreements. Any waiver by Breuer Premium of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or any future defaults hereunder. This agreement shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or reinforcement of rights hereunder. This agreement may not be assigned by Customer.
13. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.