Terms and conditions
Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
BY CLICKING "I Agree" BELOW AND SUBMITTING AN ORDER THROUGH THIS WEBSITE, YOU ACCEPT AND ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THESE TERMS, CLICK "I Do Not Agree" (IN WHICH CASE YOUR ORDER WILL NOT BE SUBMITTED). IF YOU ARE SUBMITTING AN ORDER FOR A BUSINESS OR OTHER ORGANIZATION, BY CLICKING “I Agree” YOU CERTIFY THAT YOU ARE DULY AUTHORIZED ON BEHALF OF YOUR BUSINESS OR ORGANIZATION TO SUBMIT AN ORDER THROUGH THIS WEBSITE AND BIND YOUR BUSINESS OR ORGANIZATION TO SUCH ORDER.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH ANIMAL HEALTH INTERNATIONAL, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
The following terms and conditions of sale (“Terms”) apply to orders placed with Animal Health International, Inc. or any of its subsidiaries or affiliates (“Animal Health International,” “we,” “us,” or “our”) at eselling.animalhealthinternational.com (the “Site”) . Terms are subject to change by Animal Health International without prior written notice to you at any time, at the sole discretion of Animal Health International. The latest version of these Terms will be posted on the Site and you should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Account Required to Place an Order through this Site
You are required to have an online account with Animal Health International to place an order with us through the Site. If you do not have an account with Animal Health International, you may obtain an account online at http://www.eselling.animalhealthinternational.com. After the registration process, you will receive credentials for accessing your account. You agree that you will not provide your account credentials to anyone else, or allow your account to be used by anyone other than you. Animal Health International may suspend or cancel your account if it becomes inactive, or if we have reason to believe that you have failed to comply with these Terms.
All accounts and orders are subject to credit approval. If your application for credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact us within 60 days from the date you are notified of our decision. We will send you a written statement of reasons for the denial within 30 days of receiving your request for the statement.
Notice: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant`s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is FDIC, 2345 Grand Avenue, Kansas City, MO 64108.
You hereby authorize us to procure and deliver the products described in your order. You may not cancel, modify, suspend or delay shipment of your order without our prior written consent and the payment to us of reasonable cancellation/modification charges.
You hereby represent and warrant to Animal Health International that you have all authority necessary to place an order for products through this Site and you acknowledge that we have no obligation to confirm the same. You shall be deemed to have placed the order for the products on behalf of the legal entity and/or its particular location of operation with the intention and authority to bind it.
Terms of payment are within our sole discretion and you shall pay for all products described in your order in accordance with these Terms, the terms applicable to your online account, and any terms stated on Animal Health International’s invoice. Unless otherwise provided, full payment for the products ordered by you is due by the 10th day of the month following the invoice date. All payments are due and payable at the address stated on the invoice or monthly statement. Payment shall be made by you to Animal Health International in U.S. Dollars ($).
If you fail to make any payment when due, you will pay a late charge not to exceed the lesser of 1.5% per month or the maximum interest allowable under applicable state law on any late payments due hereunder. All late charges paid by you will be applied first to accrued and unpaid late charges and the remainder to the unpaid principal balance, in any order for product purchases as Animal Health International deems fit. If you fail to make payments when due Animal Health International may demand payment at any time. If you make a payment by check which is dishonored or not paid for any reason, you shall be liable for, in addition to any other amounts due, a processing fee in the amount of $25 per check or item. Our receipt of any payment less than the full amount due shall not waive any of our rights. You agree to pay all shipping and handling charges, if applicable, and all taxes and other charges of any kind imposed by any governmental entity in respect of your order. If we agree to extend credit to you, you grant Animal Health International a purchase money security interest in all products described in your order to secure payment of any amounts due hereunder. We may set off any amount due from you, against any amount which may become due to you from us. All costs and expenses, including but not limited to collection fees and reasonable attorney’s fees for the collection of any overdue amount due us, shall be paid by you.
Unless otherwise agreed in writing by us, prices for products are accessible to you through your account or customer representative, and are subject to change by Animal Health International at any time and without prior notice to you. Prices for the products covered by your order are exclusive of any applicable shipping and handling charges, and federal, state or other sales, use or similar taxes due and payable by reason of this sale. Such shipping and handling charges, if applicable, and taxes shall be your responsibility and may be added to the invoice as a separate item, or may be separately invoiced.
Shipping Terms; Delivery; Title
We will arrange for shipment of the products to you. If applicable, you will pay all shipping and handling charges specified during the ordering process. Title and risk of loss for the products shall pass from Animal Health International to you upon our transfer of the products to the carrier/delivery. Any delivery dates specified or quoted by us are estimates only, based on the anticipated product availability at that time, and the carrier’s estimates of shipping times under normal conditions. We will make commercially reasonable efforts process orders promptly to meet the estimated shipping dates, but we shall not be responsible for failure to do so. We will use reasonable efforts to notify you of conditions of which we become aware that could delay or prevent delivery of ordered products, and will provide you with an estimate of the rescheduled delivery(ies).
Inspection and Acceptance
You will have three (3) days after delivery of the products covered by your order to inspect such products and to provide written notice to Animal Health International of any damage or defects. If you do not notify us of any damage or defects in the products during this period, the products shall be deemed accepted by you. Except as provided in Animal Health International’s Return Policy, we will not accept a return of the products and you will be deemed to have waived all claims for any damage or defects that could have been discovered upon reasonable inspection during this three (3) day period.
Proper Use of Products
You represent and warrant that you will use all products ordered from Animal Health International that require a license or permit solely for the purposes for which the products are intended, only in accordance with the license or permit, and at the permitted location(s). You shall use all products covered by your order in accordance with the user guides and other manuals and manufacturer specifications, whether in hard copy, electronic or other format, made available by us or the product manufacturer to you.
We shall not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in our performance under these Terms due to causes beyond our reasonable control, including without limitation: your acts or acts of others acting for or on your behalf; shortages of labor, transport or materials, delays in manufacture or transportation; strikes, slowdowns, lockouts or other labor disputes or difficulties; governmental controls, restrictions, regulations or actions or non-expected government regulations changing laws presently in force; war, riot, acts of terror, or subversion, hostilities, invasion, rebellion or terrorism; fire, flood, earthquakes, storms or other acts of God or other casualties. We will use commercially reasonable efforts to restore service and process orders promptly after any such event. Date of delivery or performance shall be extended for a period at least as long as the time lost by reason of such event.
Disclaimer of Warranties
Animal Health International is not the manufacturer of the products covered by your order. FOR THE AVOIDANCE OF DOUBT, ANIMAL HEALTH INTERNATIONAL MAKES NO WARRANTIES WHATSOEVER REGARDING THE PRODUCTS COVERED BY THIS ORDER OR OTHERWISE, AND ANIMAL HEALTH INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OF TRADE OR NON-INFRINGEMENT. You acknowledge and agree that all warranty, defect or replacement obligations, if any, are the sole responsibility of the product manufacturer. No advice or consultation we may provide relieves you from your sole responsibility for proper product selection, use, storage or maintenance.
Disclaimer of Liability
IN NO EVENT WILL ANIMAL HEALTH INTERNATIONAL BE LIABLE TO YOU OR ANYONE CLAIMING UNDER YOU FOR ANY: (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES OF ANY KIND, INCLUDING LOSS OF INCOME OR PROFITS OR GOODWILL, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, OR RESULTING FROM DELAYS IN PROCESSING OR SHIPPING ANY ORDER, AND EVEN IF ANIMAL HEALTH INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; OR (B) CLAIMS MADE AGAINST ANIMAL HEALTH INTERNATIONAL MORE THAN TWO YEARS AFTER THE RELATED CAUSE OF ACTION AROSE. IN ANY EVENT, ANIMAL HEALTH INTERNATIONAL’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY ORDER, THESE TERMS OR ANY OF THE PRODUCTS PROVIDED HEREUNDER IS LIMITED TO THE COST OF THE PRODUCT(S) GIVING RISE TO THE CLAIM.
To the maximum extent allowed by law, you agree to protect, indemnify and save harmless Animal Health International, its successors, assigns, employees, and agents of and from any claim, loss, damage, deficiency, action, demand, judgment, cost or expense (including attorney’s fees) arising out of: (i) your
Amendment; No Waiver
No waiver, alteration, amendment or modification of any of the provisions of these Terms shall be effective unless in writing and signed by a duly authorized representative of Animal Health International. Any waiver by us of strict performance of any provision of these Terms will not be a waiver of or prejudice our right to require strict performance of the same provision in the future or of any other provision of these Terms.
Data Security & PCI Standards
Animal Health International has used commercially reasonable efforts to ensure that any products described in your order that are subject to Payment Card Industry Data Security Standards (“PCI DSS”) comply as of the date of you order with PCI DSS. In its use of such products, you shall comply with your obligations under PCI DSS and other applicable data protection standards.
Cooperation. You shall provide Animal Health International all data, information and cooperation we reasonably request in order to perform our obligations under these Terms. We shall have no liability for any delay in the performance of our obligations resulting from your failure to provide data or information or to cooperate.
Compliance with Law. You shall comply with all federal, state, county and municipal laws, ordinances, regulations, orders (“Applicable Laws”) and contractual obligations, including requirements of insurers, credit card issuers and other third party service providers, applicable to your purchase, use, operation and/or disposal of any products covered by your order. Such Applicable Laws and obligations include, but are not limited to, state and federal statutes, rules and regulations governing confidentiality, data privacy and security.
Confidentiality. You agree that your credentials for accessing your account, and the terms of your order, as well as the existence your order and the pricing and other considerations set forth herein, are confidential and will not be disclosed by you, directly or indirectly, to any person or entity (other than those in the respective organizations with a need to know the information), except as required by law or as necessary to perform the obligations under these Terms.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effecting upon posting. It is your responsibility to keep your email address current.
To Us. If you have questions regarding your order, please call us at 1-800-203-5620. To give notice to us under these Terms, you must contact us by: (i) contacting your Animal Health International customer representative in writing by personal delivery, overnight courier or registered or certified mail; or (ii) personal delivery, overnight courier or registered or certified mail to Animal Health International, Inc., Attention: Legal Department, 822 7th St. Ste. 740, Greeley, CO 80631. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provision of these Terms.
Governing Law; Jurisdiction
Your order and these Terms shall be governed by, and construed and enforced in accordance with, the laws of Minnesota without regard to any principles of conflicts of laws. Any and all legal actions or proceedings shall be brought only in the federal or state courts located within Minnesota, and you consent to the exclusive jurisdiction of such courts and waive any objection to such jurisdiction.