RodentPro.com Terms and Conditions of Sale
General. Purchase of feeder animals and other products (the “Goods”) from RodentPro.com (“Seller”) by you (“Purchaser”) is made specifically subject to the terms and conditions contained herein (“Terms and Conditions”), and Purchaser accepts said Terms and Conditions by requesting a quote, placing a purchase order, requesting shipment, or otherwise acquiring the Goods. Seller expressly limits Purchaser’s acceptance of the Goods to these Terms and Conditions. The Goods covered by these Terms and Conditions are offered by Seller based upon information supplied by Purchaser. The ultimate performance of the Goods will depend upon the use of the Goods by Purchaser.
These Terms and Conditions are intended by Purchaser and Seller to be (a) a final expression of their agreement, and (b) a complete and exclusive statement of the terms of the agreement. No course of prior dealings between the parties, and no usage of trade shall be relevant to amend, supplement, explain or vary any of the terms set out herein. No representations, understandings or agreements have been made or relied upon other than those specifically set forth herein. IN THE CASE OF CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND ANY OTHER DOCUMENTATION SUPPLIED BY PURCHASER, INCLUDING, BUT NOT LIMITED TO, A PURCHASE ORDER OR CONTRACT, THE CONTENTS OF THESE TERMS AND CONDITIONS SHALL PREVAIL. The Terms and Conditions may be modified by Seller from time to time, and Purchaser’s requesting a quote, placing a purchase order, requesting shipment, or otherwise acquiring the Goods, shall constitute Purchaser’s acceptance of the Terms and Conditions as so modified. These Terms and Conditions shall inure to the benefit of and be binding upon both Purchaser and Seller, their legal representatives, successors and assigns, except as limited hereinbelow.
Shipping. All shipments: Freight on buyer / Evansville. All frozen shipments are packaged in insulated boxes and dry ice is used to guarantee frozen delivery. Our courier of choice will be FedEx. The cost for all shipments depends on the weight of the entire shipment and your location and must therefore be calculated by us and paid for in advance. We do ship to Alaska and Hawaii but we are not able to ship to Puerto Rico, Canada or the U.S. Virgin Islands.
Modification to Goods and Pricing. Prices for Goods are subject to change without notice. Seller reserves the right at any time to modify or discontinue the sale of any of the Goods without notice at any time. Seller shall not be liable to Purchaser or to any third-party for any modification, price change, suspension or discontinuance of the Goods.
Payment. All orders are to be paid in advance via Visa, MasterCard, American Express, Discover, PayPal, cashier’s check or money order payable to RodentPro.com®.
When mailing a payment please send to:
RodentPro.com
P.O. Box 118
Inglefield, IN 47618-9998
PayPal payments should be sent to info@rodentpro.com
Payments from zoos and other recognized institutions with approved credit shall be net 30 days or pursuant to the terms of a separate credit agreement. Large standing orders for zoos and institutions can be bid with freight to your facility included in the price. Purchaser shall assume, in addition to the purchase price, all shipping and handling charges and all taxes, however designated, levied or based on such price of the Goods or as set forth herein, including, but not limited to, state and local sales, use, privilege or excise taxes based on gross revenue, and any taxes or amounts in lieu thereof paid or payable by Seller in respect of the foregoing, exclusive, however, of taxes on net income.
C.O.D.'s are not accepted.
Accuracy of Billing and Account Information. Seller reserves the right to refuse any order Purchaser places with Seller. Seller may, in Seller’s sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Seller makes a change to or cancels an order, Seller may attempt to notify Purchaser by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Seller reserves the right to limit or prohibit orders that, in Seller’s sole judgment, appear to be placed by dealers, resellers or distributors.
Purchaser agrees to provide current, complete and accurate purchase and account information for all purchases made. Purchaser agrees to promptly update Purchaser’s account and other information, including Purchaser’s email address and credit card numbers and expiration dates, so that Seller can complete Purchaser’s transactions and contact Purchaser as needed.
Security Interest. Purchaser hereby grants to Seller a purchase money security interest in the Goods to secure payment of the purchase price, and any and all other sums due and owing from the Purchaser to Seller. Purchaser authorizes Seller to file financing statements in necessary jurisdictions and represents that no third party has a prior security interest in the Goods. Purchaser shall not sell, transfer, pledge, mortgage, lease or otherwise encumber the Goods sold hereunder until Seller is fully paid the purchase price, and any and all other sums due and owing from the Purchaser to Seller.
Risk of Loss. Purchaser assumes all risk of loss or damage upon delivery of the Goods to the Purchaser.
Safe Handling. Purchaser acknowledges that (i) the Goods are not for human consumption; (ii) the Goods are potential carriers of zoonotic diseases including, but not limited to, salmonella; (iii) consideration should be given to wearing latex or nitrile gloves when handling raw foods; and (iv) failure to follow safe handling practices, such as thoroughly washing hands, utensils and surfaces that come into contact with the Goods may result in serious illness. Not in limitation of any other term set forth herein, by its acceptance of any Goods, Purchaser assumes all risk of contracting any such serious illness which may result from Purchaser’s handling of the Goods and hereby releases Seller from any and all claims relating to or otherwise arising from the handling of the Goods.
Default by Purchaser. In the event Purchaser fails to uphold its obligations hereunder or if a petition in bankruptcy is filed by or against Purchaser prior to payment of the purchase price, and any and all other sums due and owing from the Purchaser to Seller, Seller, in addition to any and all other remedies available at law or in equity, may repossess the Goods without notice; and Purchaser agrees to pay Seller’s costs and expenses of collection and or repossession, including attorney’s fees.
Attorneys’ Fees. In the event of any dispute, arbitration or litigation between the parties hereto involving the Goods or the respective rights of the parties hereunder, the party who is unsuccessful shall pay to the successful party reasonable attorneys’ fees, court costs and expenses of such dispute, arbitration, or litigation incurred by such successful party.
Warranties. BUYER ACKNOWLEDGES IT HAS HAD THE OPPORTUNITY TO FULLY INSPECT THE GOODS. ACCORDINGLY, BUYER ACKNOWLEDGES THAT THE GOODS ARE BEING SOLD IN “AS IS/WHERE IS” CONDITION AND WITH ALL FAULTS. EXCEPT AS OTHERWISE PROVIDED HEREIN, THERE ARE NO EXPRESS WARRANTIES WITH RESPECT TO THE GOODS, AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE LIKEWISE HEREBY EXPRESSLY AND FULLY DISCLAIMED. If a warranty is provided by the Seller, said warranty shall not cover damage caused by improper storage or handling or any other cause not due to inherent defects. Additionally, said warranty shall not apply (i) when the Goods have been misused; or (iii) when the Goods have been damaged through negligence of the Purchaser or other persons. Seller shall not be held liable for special, indirect, incidental or consequential damages of any nature with respect to the Goods (including, without limitation, loss or damage to persons or property resulting from use of the Goods). To the greatest extent permitted by applicable law, in no case shall Seller, its members, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any property damage or personal injury, or any other injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Purchaser’s handling or use of any of the Goods, or for any other claim related in any way to Purchaser’s handling or use of the Goods, including, but not limited to, any loss or damage of any kind incurred as a result of the use of the Goods or any content posted, transmitted, or otherwise made available to Purchaser by Seller or any of its members, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors.
Prohibited Uses. Purchaser is prohibited from using the Seller’s website and its content, any information provided by Seller to Purchaser, or the Goods: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; or (e) to submit false or misleading information.
Force Majeure: Seller shall have no liability or obligation to Purchaser of any kind, including, but not limited to, any obligation to deliver Goods and/or provide services, arising from any delay or failure to perform all or any part of these Terms and Conditions as a result of causes, conduct or occurrences beyond Seller’s reasonable control, including, but not limited to, commercial impracticability, fire, weather, flood, act of war, terrorism, civil disorder or disobedience, act of public enemies, problems associated with transportation (including car or truck shortages), acts or failure to act of any state, federal or foreign governmental or regulatory authorities, labor disputes, strikes, or failure of suppliers to make timely deliveries of materials, goods or services to Seller.
Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, PURCHASER SHALL DEFEND, INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, SUBROGATION CLAIMS BY PURCHASER’S INSURERS, CAUSES OF ACTION, CONTROVERSIES, LIABILITIES, FINES, REGULATORY ACTIONS, SEIZURES OF GOODS, LOSSES, COSTS, EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES, EXPERT WITNESS EXPENSES AND LITIGATION EXPENSES) ARISING FROM OR IN
CONNECTION WITH ANY INJURY, DEATH, LOSS, PROPERTY DAMAGE, OR ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, RELATING TO THESE TERMS AND CONDITIONS, THE BUSINESS RELATIONSHIP BETWEEN THE PARTIES, THE GOODS AND/OR SERVICES PROVIDED HEREUNDER, PURCHASER’S HANDLING, USE, MODIFICATION OR ALTERATION OF THE GOODS, OR PURCHASER’S BREACH HEREUNDER.
Notwithstanding the foregoing, Purchaser has no indemnity obligation to Seller with respect to any claims that result solely from the negligence of Seller and this indemnity provision does not purport to indemnify Seller solely for its own negligence. Purchaser, for itself and its insurers, expressly waives any and all limitations or liability caps, if any, on Purchaser’s indemnity to Seller arising from any applicable workers compensation or disability acts in the event of the personal injury or death of Purchaser’s employees, representatives or servants.
Assignment. The rights and obligations of Purchaser hereunder shall not be assignable unless consent to the assignment is in writing and signed by Seller.
Applicable Law/Venue. This agreement shall be governed by and construed in accordance with the laws of the state of Indiana without regard to conflict of laws principles. Venue for any legal action in connection with these Terms and Conditions or the Goods shall be the State of Indiana, County of Vanderburgh and Purchaser, by acceptance of the Goods, consents to the exclusive exercise of jurisdiction and venue over any matter arising in connection therewith in any state or federal court located therein.
Waiver. Seller’s waiver of any breach, or failure to enforce any of these Terms and Conditions, shall not be deemed to affect, limit or waive Seller’s right thereafter to require strict compliance with these Terms and Conditions.
Accuracy, Completeness and Timeliness of Information. Seller is not responsible if information made available to Purchaser is not accurate, complete or current. The material provided by Seller to Purchaser is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Occasionally there may typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability set forth on Seller’s website or in the information Seller provides to Purchaser. Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if such information is inaccurate at any time without prior notice (including after Purchaser has submitted an order). Seller undertakes no obligation to update, amend or clarify such information, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in Seller’s website should be taken to indicate that all information in on Seller’s website has been modified or updated. Any reliance on the material provided by Seller is at Purchaser’s own risk.
Seller’s website may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. Seller reserves the right to modify the contents of its website at any time, but Seller has no obligation to update any information on its website. Purchaser agrees that it is Purchaser’s responsibility to monitor changes to Seller’s website.
Interpretation. As used herein, the plural shall be substituted for the singular, and the singular for the plural, where appropriate; and words and pronouns of any gender shall be meant to include any other gender or entity. The subject headings herein have been placed and arranged for convenience and shall not be considered in any question of interpretation of these Terms and Conditions. In the event that any of the provisions of these Terms and Conditions shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be enforced to the fullest extent permissible and the remaining portion hereof shall remain in full force and effect.