TERMS AND CONDITIONS OF SALE
All sales by A&E CAGE COMPANY, LLC. (hereinafter "A&E") are subject to the following terms and conditions.
Interest of 3% per month, 36% annually, will be charged on all overdue accounts, All merchandise remains the property of A&E until paid in full. A $40 return check fee will be assessed to all return checks. Failure to remit payment in full within the agreed upon terms will result in the addition of forfeited discount penalties. If an account were to become delinquent, all fees involved while attempting to collect will be the responsibility of the debtor (such as attorney fees, court costs, postage, etc.).
All orders are carefully packed. All orders are shipped from A&E's distribution site, and when a receipt for shipment of merchandise has been signed with the carrier, the merchandise becomes entrusted to, and the responsibility of the Buyer. The receiving party must clearly note all damage on the Bill of Lading and must notify A&E of any damage within 48 hours. Original boxes and packing material must be kept until the claim is fully resolved.
All claims for shortages must be made in writing to A&E within 48 hours after receipt of goods. The signed Bill of Lading must be returned with the claim. If claim is made by telephone, the signed Bill of Lading must be faxed to validate the claim.
WARRANTIES – ALL PRODUCTS
In addition to any warranties from a manufacturer of the product, A&E warrants that all products it sells meet A&E's standard specifications for the product and shall be free from defects in material or workmanship. Seller makes no other warranties, express or implied, and the warranties of merchantability and fitness for a particular purpose are hereby excluded. Buyer must notify A&E within 30 days of discovery that a product fails to meet the standards and warranty provided herein and follow the procedures set forth below for merchandise returns in order to obtain repair, replacement, or refund of the purchase price.
RETURNED MERCHANDISE, LIMITATION OF REMEDIES
No claim of any kind may be made with respect to products sold or delivered by A&E in an amount greater than the purchase price of the product, with respect to which damages are claimed. The remedy hereby provided shall be the exclusive and sole remedy of buyer and in no event shall either party be liable for special, indirect, incidental, or consequential damages whether or not caused by or resulting from negligence of such party. Buyer waives all other claims and remedies.
No merchandise may be returned without a Return Authorization Number [RA#] issued by A&E which is prominently affixed to the outside of any carton containing returned merchandise. All cartons without such a Return Authorization Number will be returned to the buyer at buyer's expense. To obtain an RA#, contact an A&E Sales Representative. A&E reserves the right in its sole discretion not to accept for return any merchandise returned for reasons other than a failure to comply with an A&E warranty. All return merchandise must be in its original packaging, in salable condition and listed in A&E then current inventory. For non-warranty returns, a 15% re-stocking charge as well as any shipping charges to and from will be deducted from the net price of the return item.
DROP SHIP HANDLING FEES
All drop ship orders are subject to a handling fee. They are as follows:
Shipping through A&E's accounts - $2.50 - toys/food/accessories | $5.00 - cages/play stands/java | $10.00 - freight shipments
Shipping 3rd party - $3.00 toys/food/accessories | $5.50 - cages/play stands/java | $10.00 freight shipments
These Terms and Conditions of Sale supersede and cancel all previous offers, understandings and agreements between A&E and Buyer, and constitute a complete final understanding of A&E and Buyer. The Terms and Conditions of Sale may not be changed except in writing and signed by both A&E and Buyer.
APPLICABLE LAWThis Agreement shall be construed and interpreted according to the laws of the State of New Jersey, USA. Buyer and A&E agree that all claims and controversies between them relating to Buyer's order and the goods sold here-under shall be litigated only in the state and federal courts of New Jersey which shall have exclusive jurisdiction for determination of such disputes. Buyer and A&E hereby consent to the jurisdiction of the state and federal courts of New Jersey.