Terms & Conditions
Controlling Terms
Buyer expressly agrees that Seller's Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer's purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.
Transportation and Risk of Loss
The method of shipment are at Seller's discretion unless the Buyer specifically contacts us via telephone to select a carrier, signature options, and more. Once we ship your package, it becomes the carrier's responsibility. Once the carrier delivers the package to the Buyer-provided address, it becomes your sole responsibility. To protect your packages, please ensure someone will be available to retrieve the package immediately upon delivery. Pit Bull Products assumes no liability for lost or stolen packages, but we will assist you with filing a claim for the amount insured(standard insurance is product value up to $100 unless you purchase additional insurance). Do not purchase from this website if you do not agree to these terms.
Prices
Unless otherwise indicated on the face of the invoice, all prices are quoted on a per item basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.
Delivery Times
All delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller's failure to deliver Product by the specified date.
Taxes
Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller's facilities. Applicable freight costs will be added to the invoice.
Warranty and Disclaimer
Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. Shipping damage is to be reported immediately as it requires a shipping damage claim to be filed. Corrosion is naturally occurring and is not covered under warranty. High heat, harsh chemicals, and exposure to salt will cause accelerated corrosion. Zinc plating is a sacrificial coating and will break down based on what conditions it is exposed to.
Limitation of Liability
Buyer acknowledges and agrees that seller's liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller's liability hereunder shall apply even if seller's liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.
Return of Material
Upon delivery of Product, Buyer shall have ten (10) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that ten (10) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer's failure to reject Product within such ten (10) day period shall constitute a waiver of Buyer's inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
Indemnity
Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys' fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller's consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer's failure to label Product or Buyer's improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee's strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
Payment
Payment will be made by credit card. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys' fees.
Governing Law and Arbitration
This document shall be interpreted and governed by the law of the State of Alabama, excluding its conflicts of laws rules. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.