CONDITIONS OF SALE
BUYER, BY ORDERING ANY OF THE MERCHANDISE SPECIFIED ON THE "BIONIC ORDER FORM" or "BIONIC QUOTATION" FORM AGREES TO THE FOLLOWING CONDITIONS OF SALE:
Prices quoted are for continuous runs in the quantities specified, subject to correction for clerical errors, and are valid for 30 days from the date appearing on quotation.
All orders are subject to the approval of our Credit Department, we reserve the right to refuse shipment at any time when in our opinion the financial condition of the buyer warrants it.
ANNUAL ORDERS (FOR RELEASE) / J.I.T. / KAN – BAN
Purchases made by the buyer representing an estimated annual usage for the purpose of benefiting from quantity price breaks and releasing product as needed for buyer's production shall be: Liable for entire contract/purchase order quantity within 15 months (unless otherwise specified in writing by seller). Liable for all materials finished or otherwise, allotted for buyer's contract/purchase order. Liable for price differential in the event of seller approved cancellation or unrealized quantity usage during specified duration.
Unless otherwise specified, all product mentioned herein shall be in conformance with the following quality standards:
COMMERCIAL GRADE PRODUCT – 2.5 Acceptable Quality Level (A.Q.L.) per MIL-STD-105E sampling plan and Rubber Manufacturer's Association (R.M.A.) Level "B" for visual defects.
Bionic Pet Products states that their products are extremely durable and last a long time. This means that Bionic Pet Products has taken reasonable actions to ensure that their chew toy products cannot be easily destroyed by most dogs when the appropriately sized chew toy has been selected for use with a dog in the same weight/size category, as listed on our website and packaging. If one of our chew products has been significantly destroyed, Bionic Pet Products will replace the toy for free within one year of the date of purchase, per the terms listed on our website under the "Designed To LAST A LONG TIME" section. This guarantee will be managed by Bionic Pet Products directly.
DELIVERY OF GOODS TO CARRIER AS DELIVERY TO BUYER
Delivery by seller to carrier shall constitute delivery to buyer and if buyer requires that the goods be shipped to the order of the buyer or freight prepaid or allowed, after delivery of the goods to the carrier, seller shall be deemed to be acting for the account and the accommodation of the buyer.
DELIVERY OF GOODS WITHOUT PAYMENT
Seller shall deliver the goods to buyer without requiring payment for the goods at that time. Buyer shall pay for the goods within 30 days after receipt of delivery. Interest may be charged on any past due balances owed.
OVER / UNDER SHIPPED QUANTITY
Seller reserves the right to over-ship order quantity herein by 10% and under-ship order quantity herein by 5% or as otherwise negotiated between seller and buyer.
TIME FOR REJECTION, NOTICE REQUIREMENTS AND DISPOSITION
A rejection of the goods by buyer shall not be effective unless it is made and notice thereof is given within 10 days of receipt of goods. Goods can only be disposed once disposition instructions with authorization code are issued by seller to buyer.
LIQUIDATED DAMAGES FOR GOODS NOT READILY RESALEABLE
It is understood by the parties to this agreement that the goods to be delivered to buyer by seller pursuant to the terms of this sales agreement are not readily resaleable to the open market. If the goods substantially fail to conform to the specifications set forth in this agreement, buyer shall have option to demand payment of the amount equal to the part cost as liquidated damages, and not as a penalty. The obligation shall be exclusive liability of seller under the terms of this agreement and the exclusive remedy of the buyer under the terms of this agreement.
READINESS OF SELLER TO PERFORM AS EQUIVALENT TO TENDER
In case of failure of buyer to accept delivery under this agreement, no physical tender of the goods by seller shall be necessary, but sellers written notice to buyer of sellers readiness and willingness to deliver any quantity of the goods at any time specified by the buyer shall be equivalent to physical tender of the goods.
IMPLIED WARRANTIES DISCLAIMER – WARRANTY COVERS OBLIGATIONS
Seller warrants that the products sold are in accordance with sellers published specifications or those specifications agreed to by seller in writing at the time of sale. Seller's obligation and liability under this warranty is expressly limited to reworking or replacing, at seller's option within 90 days after date of delivery any product not meeting specifications. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. Seller's obligation under this warranty shall not include any transportation charges or cost of installation or any liability for direct, indirect, or consequential damages or delay. If requested by seller, products or parts for which warranty claim is made are to be returned, transportation prepaid to seller's warehouse. Any improper use, operation beyond capacity, substitution of parts not approved by seller or alteration or repair by others in such a manner as in seller's judgment affects the product materially and adversely, shall void this warranty. No employee or representative of seller is authorized to change this warranty in any way or grant any other warranty.