Terms and Conditions of Sale

Animal Health International, Inc. or any of its subsidiaries or affiliates (“Seller”) Seller does not accept any terms or conditions other than the terms and conditions set forth below or on Seller’s invoice, unless modified in a contract duly signed on behalf of Seller. By placing an order for Products, Buyer is deemed to accept these terms and conditions.  Seller may revise these terms and conditions from time to time by posting the revised terms and conditions on this website.

  1. Seller’s price and terms in effect at the time of shipment shall govern.

  2. Buyer shall pay all tax or other governmental charges imposed upon the sale of any Products.

  3. Buyer shall pay for all Products sold and delivered at the request of Buyer or its agents in accordance with these terms and conditions and any terms stated on Seller’s invoice. Unless otherwise provided, Full payment is due by the 10th day of the month following the invoice date. If payment is not made when due, the unpaid balance shall bear interest at the lesser of: (1) 1.5% per month, compounded monthly; or (2) the maximum rate allowed by law. Seller may, in its sole discretion start to accrue interest on a date later than the due date. All interest payments made by Buyer will be applied first to accrued and unpaid interest and the remainder to the unpaid principal balance, in any order for Product purchases as Seller deems fit. All payments are due and payable at the address stated on the invoice or monthly statement. If Buyer fails to make payments when due Seller may demand payment at any time, and Buyer shall be liable for all reasonable attorneys’ fees and costs, including any collection agency fees, incurred by Seller in collecting the balance due.  If Buyer makes a payment by check which is dishonored or not paid for any reason, Buyer shall be liable for, in addition to any other amounts due, a processing fee in the amount of $25 per check or item.

  4. All transactions are governed by, and these terms and conditions shall be interpreted according to, the laws of the State of Colorado, without regard to conflicts of laws provisions.  Buyer irrevocably consents to the personal and subject matter jurisdiction of the State or Federal Courts located in Colorado, and waives any objection which Buyer may have based upon improper venue or forum non-conveniens.

  5. Risk of loss of the Products passes to Buyer when Seller delivers the Products to a common carrier for shipment.

  6. WARRANTIES AND LIMITATION OF LIABILITY AND REMEDIES.
    EACH PRODUCT IS COVERED ONLY BY THE WARRANTY MADE BY ITS MANUFACTURER.  SELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING ANY PRODUCTS, SELLER MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY PRODUCT FOR ANY PARTICULAR PURPOSE, AND NO SUCH WARRANTIES SHALL BE IMPLIED BY LAW.  ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
    BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY KIND RELATING TO THE SALE, HANDLING, OR USE OF ANY PRODUCT IS A CLAIM FOR DAMAGES AND IN NO EVENT SHALL DAMAGES OR ANY OTHER RECOVERY OF ANY KIND AGAINST SELLER EXCEED THE PRICE OF THE PRODUCT INVOLVED. SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES, OF ANY KIND, INCLUDING BUT NOT LIMITED TO. LOSS OF PROFITS OR INCOME, AND ANIMAL OR PROPERTY LOSS OR DAMAGE, WHETHER OR NOT BASED ON SELLER’S NEGLIGENCE, BREACH OR WARRANTY, STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION.  ALL SUCH CLAIMS ARE DEEMED IRREVOCABLY WAIVED BY BUYER.

  7. Unless Buyer notifies Seller within THREE (3) days of receipt of any Products of any damage, nonconformance or shortage, Buyer’s receipt of Products shall be an unqualified acceptance of those Products, and a waiver by Buyer of any and all claims with respect to such Products.

  8. Except as provided in Seller’s Return Policy, Seller has no obligation to accept returned Products.

  9. Seller shall not be liable for any delay or failure in delivery due to any cause beyond Seller’s reasonable control, including but not limited to acts of God, wars, sabotage, accidents, labor disputes, shortages, unanticipated demand, or compliance with applicable laws. If any such cause leaves Seller unable to fill any order, Seller may allocate its available supply in such a manner, as it deems appropriate, in its sole discretion.

  10. If any of these terms or conditions is found to be invalid or is incapable of being enforced, all other terms or conditions shall remain in full force and effect.



 

Additional Resources
Returns and Recalls Policy