Our regular business hours are 8:30 a.m. to 5:00 p.m. CST, Monday through Friday. You may reach us for orders, comments, or questionsat the following address:
285 FM 16 Canton, TX 75103
Toll Free US and Canada: 800-735-9215 or 800-634-2977 World Wide Direct: 903-567-4536
Telefax: 903-567-4927 or 800-787-3768
E-Mail: [email protected] Web: www.pets-inc.com
Seller: Professional Embryo Transfer Supply, Inc. (“PETS”)
Buyer: Original purchaser of products from PETS
Terms: Net payment on open account is due in U.S. dollars within 30 days from the invoice date, without discount or deduction of any kind. Any past due accounts may be assessed with a finance charge of 1% per month (12% per annum), or the highest rate permitted by applicable law, if lower. All delinquent accounts (past due) are subject to collection within 90 days of invoice date. PETS reserves the right to also cancel any open account privileges temporarily (until the account is in good standing again) or permanently. The Buyer agrees to pay all collection costs, expenses and reasonable attorneys’ fees and court costs for collection of any amount due and unpaid.
Payment Options: All charges will be in US Dollars. All payments should be made to the order of PETS, Inc. *INTERNATIONAL BOUND SHIPMENTS, SEE WIRE TRANSFER
Credit Card: American Express, Discover, MasterCard, and Visa
C.O.D.: For all US destinations, the C.O.D. surcharge of $12.50 for UPS or FedEx will be added to your invoice total.
Wire Transfer: Contact our office for our bank account details. International shipments or shipments that are shipped within the US and then bound for an international destination shall be paid by wire transfer only. Any exemptions from this term will be decided in office by an account review.
Other: We accept business or personal checks, money-orders, and cashier’s checks, should they be in US dollars and drawn out of a US Bank. A $20.00 returned check fee will be charged to accounts with insufficient fund checks returned to us.
Shipping Charges: We try to ship the same day an order is received. Next day emergency orders will be taken until 5:00 p.m. CST. Freight will be prepaid on all orders and added to the invoice. A minimum $6.50 freight charge will be added to the invoice total.
Price change notice: ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Please see our current and any updated pricing on our website at www.pets-inc.com, which we may update from time to time. Prices exclude all freight, insurance, delivery charges and all taxes or duties unless otherwise expressly agreed upon in writing by PETS. The Buyer shall maintain any current state tax exemption certificates where applicable. All drop shipments will be charged a $10.00 processing fee.
Disclaimer: PETS, Inc., its agents, or employees cannot and do not guarantee the conception rate, quality, or productivity to be obtained in connection with the use of its products or recommended techniques. PETS MAKES NO WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED, OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF ITS PRODUCTS AND HEREBY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PETS’ LIABILITY TO THE BUYER AND/OR TO THE BUYER’S CUSTOMER OR ANY THIRD PARTY IS LIMITED TO THE INVOICE VALUE OF THE PRODUCT.
Shipment, Title, Delivery and Risk: All products shall be shipped FOB PETS’ facility (Incoterms 2020, as updated from time to time). All orders shall be shipped via PETS’ choice of carrier unless otherwise specified by the Buyer. Product delivery shall occur and title and risk of loss or damage in transit, or thereafter, shall pass to the Buyer upon PETS placement of products with the first carrier for shipment to Buyer. PETS agrees to use reasonable commercial efforts to deliver Products to the Buyer by the purchase order date, but delay of delivery shall not be construed as a breach. PETS may ship Products in lots, based on the size of orders and the availability of products. No nonconformity or defect in any lot will constitute a breach of Buyer’s entire purchase order, and any lot whose conformity and condition the Buyer does not dispute shall be paid in full.
LIMITS ON LIABILITY: IN NO EVENT, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, SHALL PETS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR COSTS OF COVER ARISING OUT OF THE SELECTION, ORDER, PURCHASE, USE, RESALE OR DISTRIBUTION OF THE PRODUCTS COVERED HEREBY OR ANY OTHER ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY PETS, EVEN IF PETS HAS BEEN ADVISED OF THE POSSIBILITY OR IN FACT KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR PETS SHALL NOT BE LIABLE FOR LOSS OF PROFITS, SAVINGS OR REVENUE, DAMAGE TO OR LOSS OF ANIMALS, DAMAGE TO REPUTATION, LOSS OF USE OF A PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTED GOODS, EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME AND THE CLAIMS OF THIRD PARTIES INCLUDING THE BUYER’S CUSTOMERS.
THE BUYER HEREBY ACKNOWLEDGES AND AGREES THAT PETS’ LIABILITY AND THE BUYER’S EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING IN CONNECTION WITH THIS CONTRACT OR THE SALE OR USE OF THE PRODUCTS IS EXPRESSLY LIMITED TO, IN PETS’ SOLE DISCRETION, REPLACEMENT OR REPAIR OF OR REFUND OF THE PURCHASE PRICE FOR THAT PORTION OF THE PRODUCT WITH RESPECT TO WHICH DAMAGES ARE PROVED.
Complaints and Returns: All claims for damages, loss or shipping error must be made within 3 days from date of receipt of merchandise. Please retain all shipping material for inspection by shipping carrier should there be a damage claim. Should you need or want to return any merchandise, please contact our office to obtain return authorization and instructions. When returning products, please include a photocopy of the original invoice to help us expedite your credit/refund /exchange. PETS cannot accept exchanges of expired products. Any returned Product must be shipped to PETS, freight prepaid at the Buyer’s expense, unless expressly agreed otherwise by PETS. A 20% restocking fee may be assessed on all returns that are not the result of any error or fault of PETS. Shipping charges will not be credited. Only undamaged and unopened items in the original packaging will be accepted for credit or refund. No product credit shall be available for use if a past due balance is outstanding on the account.
Governing Law and Jurisdiction: Any claims or disputes between PETS and Buyer or Buyer’s customer(s) or any third party shall be governed by the laws of the state of Wisconsin. All actions or proceedings shall be subject to the exclusive jurisdiction of a court located in St. Croix County, Wisconsin; provided, that in PETS’ sole discretion such an action may be heard in some other place designated by PETS. All actions, regardless of form, arising out of or related to this transaction or the products sold to Buyer by PETS must be brought against PETS within the applicable statutory period, but in no event more than ONE (1) YEAR after invoice date.
Miscellaneous: These terms and conditions may be amended or terminated at any time by PETS. PETS reserves the right to modify or discontinue any of its products at any time. Nothing in these terms and conditions is intended to benefit any party other than the Buyer and PETS. The invalidity or unenforceability of any provision, term or condition shall not affect the validity and enforceability of the remainder of the provisions, terms, or conditions.