Please read these Terms and Conditions of Sale ("Terms of Sale") carefully before purchasing any goods through the www.petsafe.net website ("Website" or "Site"). By purchasing any goods through the Site, you are acknowledging that you have read all of these Terms of Sale, and are agreeing to be legally bound thereby. If you do not agree to these Terms of Sale, please do not purchase any goods through the Site.
This agreement ("Agreement") contains the terms and conditions that apply to your purchase of products and/or services from Radio Systems ("Radio Systems," "we," "us" or "our") through our Website. 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 RADIO SYSTEMS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER RADIO SYSTEMS' STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Radio Systems’ sole discretion.
1. Acceptance. Your acceptance of each and all of these Terms of Sale shall be indicated by any of the following, whichever occurs first:
2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Radio Systems' sole discretion, and unless otherwise agreed to by Radio Systems, payment must be received by Radio Systems prior to Radio Systems' acceptance of an order. Payment for the products and services and support must be made by credit card or some other prearranged payment method accepted by Radio Systems unless Radio Systems has agreed to credit terms in writing. Product and pricing data may change without notice. 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. Radio Systems may invoice parts of an order separately. Orders are not binding upon Radio Systems until accepted by Radio Systems. Any quotations given by Radio Systems 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. Customer shall indemnify and hold Radio Systems free and harmless from and against the imposition and payment of all taxes, whether or not they are stated in any invoice for products shipped to Customer.
3. Shipping. Orders placed through the Site are subject to product availability and will be shipped according to the shipping terms contained in these Terms of Sale and the shipping terms and charges presented on the Site at the time of purchase. In the unlikely event that your order never arrives, we must receive notification in writing (including email) or phone within sixty (60) days of the shipping notification email that you received. Shipping charges are not refundable except where expedited shipping was purchased but not provided, in which case Radio Systems will credit the account for the difference in cost of the shipping purchased and the shipping provided.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Radio Systems' invoice(s). Unless Customer provides Radio Systems with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Radio Systems' acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Radio Systems' franchise taxes and taxes on Radio Systems' net income. If applicable, a separate charge for taxes will be shown on Radio Systems' invoice.
5. Delivery; Title; Risk of Loss. Risk of loss and title to products passes from Radio Systems to Customer on shipment from Radio Systems' facility. Radio Systems shall not be liable for any delays in delivery beyond the reasonable control of Radio Systems including, but not limited to, delays caused by unavailability or shortages of product or product components from Radio Systems' 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.
6. Errors on the Site. The pricing and availability of products and or services available through the Site are subject to change without notice. When Radio Systems discovers and error on the Site it will be corrected; however, Radio Systems reserves the right to revoke any stated offer and to correct any errors, misstatements, inaccuracies, or omissions, both before and after an order has been submitted to Radio Systems, whether or not the order has been confirmed and whether or not your credit/debit card has been charged. In the event that your credit/debit card has been charged and your order is subsequently cancelled by Radio Systems, Radio Systems will issue a credit to that account in the amount charged prior to the cancellation of the order. You understand that Radio Systems does not control when this credit will be reflected on your account balance. Returns are governed by the applicable sections of these Terms of Sale.
7. Warranties; Limitation of Liability. CUSTOMER REPRESENTS, ACKNOWLEDGES AND AGREES THAT RADIO SYSTEMS HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE QUALITY 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 RADIO SYSTEMS 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 THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, OR LOSS OF USE, EVEN IF RADIO SYSTEMS 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. If for any reason you are not completely satisfied with your product, you may return it for a full refund of your purchase price subject to the following:
9. Exchanges. From time to time, Radio Systems may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Radio Systems' exchange policies in effect on the date of the exchange.
10. Governing Law and Jurisdiction. This Agreement and any sales through this Website shall be governed by the laws of the state of Tennessee, without regard to conflicts of laws rules. Customer agrees to submit to the exclusive personal jurisdiction and venue of the appropriate state or federal court in Tennessee. You agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. You further knowingly agree to waive the right to trial by jury. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action relating to use of the Website or services or relating to these Terms of Sale, the Privacy Policy, or Terms of Use must be filed within one (1) year after such claim or cause of action arises or be forever barred. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Radio Systems makes no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
11. Exports. 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 Radio Systems 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 Radio Systems for any violation by Customer of any United States export restrictions. By using this Site you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.
12. Miscellaneous. The Terms of Sale and Terms of Use 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 Radio Systems 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 of Sale, and no construction or inference shall be derived therefrom.
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