Terms of service
TERMS & CONDITIONS
By purchasing animals or products (the βGoodsβ) from Northwest Zoological Supply, LLC (βNW Zooβ), each person (whether a natural person or a business entity, a βResellerβ) hereby warrants that the purpose of the purchase is the retail resale of the Goods. The Reseller further represents,Β warrants and covenants as follows:
A. RESELLER REQUIREMENTS
Reseller shall at all times comply with all laws and shall at all times, at its own expense, obtain and maintain all certifications, credentials, authorizations, licenses, and permits necessary to conduct its business as a reseller of animals or products ordered from NW Zoo. Reseller represents and warrants that it is duly registered and possesses a retail sales tax license in every state in which it does business. Any Reseller who is anΒ individual represents that he or she is at least 18 years of age.
B. WARRANTY DISCLAIMER
To the fullest extent permissible pursuant to applicable law, NW Zoo disclaims all warranties, express or implied, including but not limited to, impliedΒ
warranties of merchantability and fitness for a particular purpose. NW Zoo does guarantee the health or condition of the animals supplied by it.Β
NW Zooβs entire liability, and the purchaserβs exclusive remedy, shall be a refund of the price paid for the animals or products. NW Zoo shall not beΒ
responsible for incidental or consequential damages.
All purchasers should observe proper safety procedures in handling animals and pet resellers should provide proper instructions to purchasers.Β
Among other sources, the U.S. Government Centers for Disease Control (https://www.cdc.gov/healthypets/index.html) provides information on safeΒ
handling of animals and on animal-related diseases and outbreaks in the United States.
C. INDEMNITY
Reseller shall indemnify, hold harmless, and defend NW Zoo and its officers, directors, members, employees, agents, successors and permittedΒ
assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs,Β
or expenses of whatever kind, including reasonable attorneysβ fees and the costs of enforcing its right to indemnification, arising out of or relating toΒ
any claim of a third party relating to:
(i) any act or omission of Reseller in connection with the resale of animals or products supplied by NW Zoo;
(ii) any injury, death or damage to any person, real or tangible personal property caused by animals or products supplied to Reseller by NW Zoo;
(iii) bodily injury caused by any animal;
(iv) loss or damage caused by any virus, bacteria, or other microorganism;
(v) the transmission of a communicable disease; or
(vi) any failure of Reseller to comply with any applicable law.
D. INSURANCE
Reseller maintains comprehensive general liability insurance with products liability coverage for the sale of animals and products supplied to ResellerΒ
by NW Zoo. Reseller shall obtain a waiver of subrogation from its insurer(s) for the benefit of NW Zoo.
Page 8 | nwzoo.com | inquiries@nwzoo.com
TERMS & CONDITIONS (CONTINUED)
E. GOVERNING LAW; VENUE; JURISDICTION
All matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of Washington,Β
without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Any legalΒ
suit, action, or proceeding arising out of or relating to this transaction shall be instituted in the federal or state courts in each case located in Seattle,Β
Washington. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVEΒ
JURISDICTION OF THE AFOREMENTIONED COURTS; (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ONΒ
VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT; (C) WAIVES ANY RIGHT TO TRIAL BY JURY; AND (D)Β
WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT, OR OTHER PROCESS, WHICH MAY BE MADE BY ANY OTHERΒ
MEANS PERMITTED BY LAW.
F. ADDITIONAL
RETURN POLICY: Please verify and confirm receipt of your order with our driver at the time of delivery. Any claims for errors, shortages, damagesΒ
or losses must be made within 24 hours of receipt. As noted in this catalogβs Live Feeders section, there is no guarantee for nestling (pinky or fuzzy)Β
or unweaned (hopper) mice or rats, insects or amphibians beyond live arrival. Please immediately inspect nestling rodent orders with our driver soΒ
any necessary invoice adjustments can be made upon delivery. You may refuse any animal for reason of health upon delivery, but prior permissionΒ
is required before our driver can accept returns of previously delivered animals. Northwest Zoological Supply takes great pride in the exceptionalΒ
quality of our companion animals. We strive to ensure that only healthy pets are delivered to your store. We guarantee not only live arrival, but alsoΒ
stand behind the animals we sell for a period of 7 days. The exceptions to this guarantee would be nestling (pink or fuzzy) or unweaned (hopper) miceΒ
and rats, feeder insects or amphibians as noted above as well as shipments during the winter months when temperatures drop below 32 degrees orΒ
in the summer when temps are above 80 degrees. We hope you will contact our office immediately so we may work together to resolve any issue andΒ
ensure optimal care for all animals. Injuries or illness caused by incompatibility (fighting) or improper care are not covered. Since each animal is anΒ
individual, we also cannot guarantee tameness or breeding ability. Please contact our office immediately if there is any cause for concern.
EXCLUSION: Northwest Zoological Supply, LLC cannot be held liable for any condition not visible at the time of delivery or shipment and is notΒ
responsible for any veterinary costs or testing.
PRICE CHANGES: All prices are subject to change without notice. Prices charged will be those in effect at the time of purchase.
