TERMS AND CONDITIONS FOR WEB-BASED PURCHASES
The following NEOVETS Terms and Conditions for Web-based purchases govern the sale by NEOVETS, Inc. (“Vendor”) to Customer of the products and services (the “Products”). By accepting delivery of the Products described on the Invoice, Customer agrees to be bound by and accepts these terms and conditions.
- Amendments. Customer may not alter, supplement or amend these terms and conditions under any circumstances. Any attempt by Customer to so alter, supplement or amend these terms and conditions, or to enter into an order for Products that is 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 Vendor. Vendor may alter or make amendments to these terms and conditions as they relate to future sales or deliveries at any time without prior notice.
- Governing Law. This document shall be governed by and construed in accordance with the laws of Ohio.
- Payment Terms. Unless otherwise specified in Vendor’s invoice, payment must be received by Vendor prior to Vendor’s acceptance of an order.
- Shipping Charges and Taxes. Separate charges for shipping and handling will be shown on Vendor’s invoice(s). Unless Customer provides Vendor with a valid and correct tax exemption certificate applicable to the Products shipped to Customer’s location prior to Vendor’s acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on Vendor’s net income. If applicable, a separate charge for taxes will be shown on Vendor’s invoice.
- Disclaimers. VENDOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Products. Vendor’s policy is one of ongoing Product update and revision. Vendor may revise and discontinue Products at any time without prior notice. Vendor shall use its reasonable efforts to ensure that the catalog of Products on its website is up-to-date, but Vendor makes no guarantee that all Products listed in Vendor’s online catalog will be available at all times or at any time.
- Limitation of Liability. VENDOR SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
- Applicable Law and Not For Resale. Customer agrees to comply with all applicable laws and regulations of Ohio. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
- Entire Agreement. The terms and conditions contained herein and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and Vendor pertaining to the subject matter hereof, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings and negotiations, whether written or oral, between the parties. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.
- Severability. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
- 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.
- Force Majeure . Vendor shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.