Term and Conditions
4PetSupply, Terms and Conditions of Product Sale
Acceptance- ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON CUSTOMER'S ASSENT THERETO. THE TERMS AND CONDITIONS CONTAINED HEREIN WILL BE CONTROLLING, AND ANY ADDITIONAL AND/OR INCONSISTENT TERMS AND CONDITIONS SET FORTH IN ANY ACKNOWLEDGMENT, PURCHASE ORDER, OR ACCEPTANCE DOCUMENTS REQUESTED FROM AND/OR PROVIDED BY CUSTOMER ARE EXPRESSLY REJECTED. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON GOV GROUP UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF 4PetSupply.
Specifications- Product specifications are subject to change without prior notice.
Delivery- Delivery of all orders will be FCA (INCOTERMS 2000). Shipping and handling fees, special packaging materials (e.g., blue ice), carrier surcharges (including fuel surcharges) and hazardous material fees imposed by government regulation will be added separately to the invoice.
Damaged Shipments- Please inspect your 4PetSupply shipment upon receipt. If any external damage is noticed, accept the shipment only after the driver has noted the damage on both his and your copies of the delivery receipt and you have requested an inspection by the carrier. Keep all containers and packing material for inspection. If, upon opening a shipment, you find a shortage or damage, you must request inspection by the carrier within 15 days of delivery or you will relinquish your right to make a claim. 4PetSupply reserves the right to repair a damaged product, where applicable, before replacement or credit is determined.
Payment Terms- All payments must be made at the time of purchase unless otherwise specified by an authorized 4PetSupply Account terms will be authorized by 4PetSupply on an individual basis.
Sales Tax- Sales taxes where applicable (local, state or federal) will be added to the purchase price.
Shipping and Return Policy
International and APO/FPO Shipments– International and APO/FPO shipments will be consolidated at 4PetSupply headquarters and then forwarded per customer direction. Costs on these shipments will vary from the checkout process costs due to product dimensionally changing from shipments. APO/FPO shipments will be calculated using the USPS guidelines. Please contact firstname.lastname@example.org for further information.
Return Policy and RMA Criteria
- RETURN OF UNOPENED ITEM(S) FOR REFUND
Please note that due to manufacturer requirements, there are some items that are not returnable. Please contact our customer service department for more information prior to placing your order if you have any questions or concerns.
Steps for return of unopened goods:
- Customer contacts our customer service for a return authorization number. Prior to shipping back your product(s), you must request and receive a return authorization number from our customer service department.
- Customer ships approved item(s) to our warehouse with the return authorization number clearly listed on the shipping label. This RA number should be clearly visible on the address field of the shipping label using the format. Items shipped to us without the return authorization number clearly showing on the shipping label will be refused by our warehouse.
- When approved items are received and checked in at our warehouse, we issue a credit to customer's credit card minus a 15% restocking fee. Shipping charges are not refundable.
All return authorizations will expire after 15 days. If a return authorization expires or is canceled, it cannot be reissued.
- DEAD ON ARRIVAL ITEM(S) (within 10 calendar days of delivery)
Please note that due to manufacturer requirements, there are some items that are not returnable for any reason. Defective items will be serviced or replaced by the manufacturer. Please contact our customer service department for more information prior to placing your order if you have any questions or concerns.
For other items, we offer two replacement options:
Option 1. (Standard Replacement)
Steps for Standard Replacement:
- Customer contacts our customer support for a return authorization number.
- We issue a ground call tag for the defective item(s) to be picked up.
- When these items are received and checked in at our warehouse, replacement* items will be shipped ground services. No charge will be applied to customer credit card. Average turn-around time is 10-14 days.
Option 2. (Advance Replacement)
Steps for Advance Replacement:
- Customer contacts our customer support for a return authorization number.
- We issue a ground call tag for the defective item(s) to be picked up.
- We charge customer's credit card for the replacement item(s).
- We ship the replacement* item(s) within 1 business day via ground services.
- When the defective items are received and checked in at our warehouse, we credit the customer's card for the defective item(s). Average turn-around time is 1-7 days.
Shipping charges are not refundable.
- RETURN ON OPENED ITEM(S) FOR REFUND
**Non-defective opened items cannot be returned if the factory seal is broken.
These items are generally considered used goods and cannot be resold as new. Do not assume the item(s) you are ordering are returnable if opened. Please contact our customer service department for more information prior to placing your order if you have any questions or concerns.
If we are notified in advance that item(s) are going to be refused, the refused items will be treated as unopened returned goods. A 15% restocking fee will be applied. Shipping charges are not refundable.
Any returned item(s) must be in the original manufacturers packaging. The packaging must be intact, and free from holes, tape, and writing. There must be no stickers, other than the shipping label on the manufacturers packaging.
* Contingent on current stock status.
** Discontinued item(s) and item(s) marked "No Returns" cannot be returned. Virtual item(s), such as Licensing and service agreements cannot be returned. Item(s) from certain manufacturers cannot be returned. Opened software cannot be returned. Please contact our customer service department for more information prior to placing your order if you have any questions or concerns.
NEITHER 4PetSupply NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER 4PetSupply NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES.
- Product and Service Warranties and Limitation of Liability
4PetSupply warranties are manufacturer warranty only, no representation of 4PetSupply warranty is given for any product except said warranty provided by manufacturer. All Products will meet the manufacturer's specifications for a term equal to the warranty period stated in the Product manufacturer's literature or sixty (60) days, whichever is longer.
- In those cases where an extended warranty is purchased by the customer through 4PetSupply, said extended warranty will be provided under the terms and conditions set forth by warranty corporation.
- All software programs are warranted in accordance with the software vendor's license agreement;
4PetSupply HEREBY DISCLAIMS ALL OTHER WARRANTIES OR GUARANTEES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- The liability of 4PetSupply under this limited warranty does not extend to any Products which are abused, altered or misused by the Customer or any other persons or entities or which become defective or non-conforming through the actions or inaction of the Customer or any other persons or entities. A defective or non-conforming Product is defined only as a Product which is outside of the manufacturer's defined Product specifications, and shall not include Products that fail to meet any fitness of use by Customer or any unique Customer operating conditions or applications.
- If any Product or Service warranted hereunder proves defective or non-conforming, 4PetSupply 's sole liability and Customer's sole remedy hereunder shall be for 4PetSupply, to repair or, at 4PetSupply 's option, (i) replace (or re-perform the Service), at no cost to Customer, any such defective or non-conforming Product with a non-defective or conforming Product (as applicable) or (ii) credit Customer's account for all amounts paid with respect to the defective or non-conforming Product or Service upon 4PetSupply 's receipt of the defective or non-conforming Product. In the event of replacement, the replacement Product will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer.
- If a Product should require service, contact 4PetSupply for instruction (for a complete list of offices, see your 4PetSupply catalog). When the return of the Product is necessary, a return authorization number will be assigned and the Product shipped, transportation charges prepaid, to the indicated service center. To insure prompt handling, the return authorization number should be placed on the outside of the package and a detailed explanation of the defect enclosed with the Product.
- IN NO EVENT SHALL 4PetSupply HAVE ANY OBLIGATION OR LIABILITY FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE OR GOODWILL), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE TOTAL LIABILITY OF 4PetSupply (INCLUDING ITS SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY PRODUCTS SOLD UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S) AND THE TOTAL LIABILITY OF 4PetSupply (INCLUDING ITS SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID FOR THE SERVICE GIVING RISE TO SUCH CLAIM.
Export Controls- Products purchased or received under this Agreement are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any Product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Products or services hereunder. Customer shall be responsible to obtain any license to export, re-export or import as may be required.
Proprietary Information- Each party (a "Recipient") shall maintain in confidence, not disclose to any third party, and not use, except for the specific purpose of performing under this Agreement, all proprietary information furnished to it by the other party (a "Discloser") or any Discloser Affiliate in connection with this Agreement, or derived from the Discloser or any Discloser Affiliate in performance of this Agreement, and shall return to the Discloser or a Discloser Affiliate, upon request, all copies (then in Recipient's possession) of documents and other tangible media furnished by or derived from Discloser or such Discloser Affiliate, respectively, in connection with the performance of this Agreement. The Recipient shall inform its employees, agents, and representatives of these obligations and shall require them to assume equivalent obligations.
Termination- This Agreement may be terminated by either party for convenience at any time upon reasonable written notice delivered to the other party. In the event of any termination or expiration of this Agreement, Customer shall be billed immediately for Products shipped through the effective date of such termination or expiration and all custom Products purchased for Customer in 4PetSupply's inventories at such date, and Customer shall pay the invoiced amount immediately upon receipt of such invoice.
Force Majeure- In the event either party is prevented in whole or in material part from performing its obligations under this Agreement solely as a result of force majeure, upon the prompt giving of notice to the other party detailing such force majeure event and its anticipated duration, the obligations of the party so prevented shall be excused during such period of delay, and such party shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible.
Merger, Modification, Waiver- No amendment, modification or waiver of these terms shall be binding on either party unless reduced to writing and signed by an authorized officer of the party to be bound, and in the case of a waiver, shall be effective only in the specific instance and for the specific purpose for which given, and shall not be construed as a waiver of any subsequent breach. The failure of either party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be construed as a waiver of such provisions or of the right of such party thereafter to enforce each and every such provision. No course of dealing, usage of trade or course of performance shall supplement, explain or amend any term, condition or instruction of this Agreement, or any shipment of Products hereunder.
Applicable Law- This Agreement is made pursuant to, and shall be construed and enforced exclusively in accordance with, the internal laws of the State of California (and United States federal law, to the extent applicable), without giving effect to otherwise applicable principles of conflicts of law.
Authority to Enter Into Agreement- Each party represents and warrants that it is authorized to enter into this Agreement and that in so doing it is not in violation of the terms or conditions of any contract or other agreement to which it may be a party.
Assignment- This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and designees; provided, however, neither party shall have the right to transfer, assign or delegate its rights or obligations under this Agreement or any portion thereof without the prior written consent of the other party (except that either party may assign this Agreement to a parent, subsidiary or successor corporation without such consent).
Nature of Relationship- Neither party, its employees or permitted subcontractors or agents shall, under any circumstances, be considered to be an agent, partner, joint venture or representative of the other party.
Transactions- We make available products and services for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to 4PetSupply the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply 4PetSupply’s endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. 4PetSupply reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.