PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase of products and/or services from Doggie Chop NYC, NYC Pet 01 (“Chop”) through its Website, http://doggiechopnyc.com. By accepting delivery of the products and/or services and support described on the invoice, you (the “Customer”) agree to be bound by and accept these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH CHOP, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER CHOP STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Chop’s sole discretion.
1. Acceptance. Your acceptance of each and all of these terms and conditions shall be indicated by any of the following, whichever occurs first:
a. By clicking the “I ACCEPT” button below;
2. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services that are 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 Doggie Chop NYC.
3. Governing Law and Jurisdiction. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. CUSTOMER AGREES TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURT OF NEW YORK.
4. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Chop’s sole discretion, and unless otherwise agreed to by Chop, payment must be received by Chop prior to Chop’s acceptance of an order. Payment for the products and services and support will be made by credit card. Final pricing on a Customer’s order is effective on the date that payment for the order has been received. Invoices are due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. Chop may invoice parts of an order separately. Orders are not binding upon Chop until accepted by Chop. Any quotations given by Chop will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
5. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Doggie Chop NYC’s invoice(s). Unless Customer provides Doggie Chop with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Chop’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Doggie Chop franchise taxes and taxes on Doggie Chop’s net income. If applicable, a separate charge for taxes will be shown on Doggie Chop invoice.
6. Delivery;Title; Risk of Loss. Title to products passes from Doggie Chop to Customer on shipment from Chop’s facility. Loss or damage that occurs during shipping by a carrier selected by Doggie is Doggie responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Doggie Chop shall not be liable for any delays in delivery beyond the reasonable control of Doggie including, but not limited to, delays caused by unavailability or shortages of product components from Doggie suppliers, natural disasters, acts of war, acts or omissions of Customer, fire, strike, riot, governmental interference, unavailability or shortage of materials, labor, telecommunications, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, transportation failures or computer-related transmission failures.
7. Warranties; Limitation of Liability. CUSTOMER REPRESENTS, ACKNOWLEDGES AND AGREES THAT CHOP HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE DESIGN OR CONDITION OF ANY PRODUCT, OR ANY PRODUCT’S MERCHANTABILITY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY PRODUCT, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED HEREBY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOP BE LIABLE TO CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY PRODUCT PROVIDED TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, OR LOSS OF USE, EVEN IF CHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.
8. Return Policies. Please note that not all products are covered by this return policy.
a) Shipping charges are non-refundable.
9. Exchanges. From time to time, Chop may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Chop’s exchange policies in effect on the date of the exchange.
10. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale, export or use outside the United States. All products sold by Chop are intended to be sold only in the United States for use in the United States only. Shipment of any of the products outside of the United States may require a valid export license. Customer agrees to defend, indemnify and hold harmless Chop for any violation by Customer of any United States export restrictions.
11. Binding Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Chop, its agents, employees, successors, assigns or affiliates, which arise from or in any way relate to this Agreement, its interpretation, or the breach, termination or validity hereof, Chop’s advertising, website or any purchase related to any of the foregoing may, at Chop’s sole option, and only upon the exercise of that sole option by Chop, be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com/, or by telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and Chop. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained from the NAF at P.O. Box 50191, Minneapolis, Minnesota 55405. The arbitration will be limited solely to the dispute or controversy between Customer and Chop. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained from the NAF at P.O. Box 21234, New York, NY . The arbitration hearing, if any, shall take place in New York, NY. Customer irrevocably consents to such venue. Customer shall treat the existence and results of arbitration as strictly confidential. This agreement and any dispute in connection herewith shall be governed by the laws of the Commonwealth of New York. In the event that more than one claim, dispute or other matters in question shall be in existence at the same time, Chop may at its sole option decide which of such claims, disputes, or other matters in question shall be arbitrated and which matters shall not be arbitrated. Such decision shall be final and unappealable, and no arbitration shall be authorized to consider, decide, or make any award or any claim or matter which Chop has determined shall not be arbitrated. In the event that Customer wishes to request arbitration of any claim, dispute or other matter in question, the Customer shall file a notice of demand for arbitration in writing with Chop specifically describing the claims, disputes and other matters in question which the Customer wishes to submit to arbitration. Customer may not unilaterally elect arbitration or cause arbitration to occur. Chop has the sole discretion to decide whether or not any such claims, disputes and other matters shall be submitted for arbitration. If Chop wishes to submit any claim, dispute or other matter in question for arbitration, whether or not it is the subject of a request for arbitration by Customer, Chop shall file a notice of demand for arbitration with the NAF and with Customer. In any event that Chop elects not to arbitrate, the claim shall be litigated in the Court of Common Pleas in New York, or the United States District Court for New York.
12. MISCELLANEOUS. These terms and conditions constitute the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and shall supercede all prior offers, negotiations, understandings and agreements. Any waiver by Chop of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or any future defaults hereunder. This agreement shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or reinforcement of rights hereunder. This agreement may not be assigned by Customer.
13. 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.