THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU AS A BUYER. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM [WWW.MAZURI.COM] (THE “SITE”), BUYER ACCEPTS AND IS BOUND BY THESE TERMS AND CONDITIONS. THE SITE IS INTENDED FOR USE BY UNITED STATES RESIDENTSONLYWHO ARE AGE 18 OR OLDER. ANYONE UNDER AGE 18 SHOULD NOT USE THE SITE WITHOUT THE CONSENT AND SUPERVISION OF A PARENT OR LEGAL GUARDIAN.
Binding Agreement and Terms
These Terms and Conditions (“Terms”) shall govern all sales made on the Site by PMI Nutrition International, LLC (“PMI”) (“Seller”) and Buyer shall review these Terms before purchasing any products or services. Buyer’s continued use of this Site after a posted change in these Terms will constitute acceptance of and agreement to such changes. PMI reserves the right to amend or modify these Terms in its sole discretion.
Orders and Pricing
The advertisement of any product on the Site does not constitute an offer to sell. Buyer’s order or receipt of an order confirmation does not signify PMI’s acceptance of Buyer’s order, nor does it constitute confirmation of our offer to sell. PMI reserves the right at any time after receipt of Buyer’s order to accept or decline the order.
Posted prices do not include taxes or shipping and handling charges. The price and performance of this order is subject to resource availability and costs within the control of Seller at the time of manufacture. Seller reserves the right to cancel or adjust prices and delivery in its sole discretion.
PMI makes reasonable efforts to ensure that product descriptions on the Site are as accurate as possible. However, PMI does not guarantee that product descriptions or other content on the Site is current or error-free. All features, content, specifications, sizes, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Packaging may vary from that shown. PMI reserves the right to limit or condition the quantity of any item that may be available for purchase.
Orders will only be shipped to valid United States mailing addresses within the 48 continental states and the District of Columbia. Orders cannot be shipped to P.O. boxes.
Delays in Delivery
Seller shall not be responsible for any delay in delivery of goods to Buyer due to fires, strikes, riots, Acts of God, government orders or restrictions, epidemic or pandemic, delays in transportation, delays by suppliers of materials or parts, inability to obtain necessary labor or other causes beyond Seller’s control. In the event of such delay, the shipping date shall be extended for a reasonable period of time.
All trademarks and other intellectual property on the Site are owned by PMI, its affiliates or are used with permission.
Damage or Loss in Transit
All risk of loss shall pass to Buyer at the time of delivery of the goods. Delivery of the goods to any carrier shall constitute delivery of the goods to Buyer, regardless of which party retained the carrier.
Seller warrants that all goods manufactured by Seller shall be free from defects in material and workmanship for a period of three (3) months from the date of delivery. THIS WARRANTY SHALL BE THE SOLE WARRANTY MADE BY SELLER TO BUYER. SELLER HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If within the aforementioned warranty period, any goods manufactured by Seller are proven by Buyer to be defective to Seller’s reasonable satisfaction, then such defective goods shall be repaired or replaced, at Seller’s sole option. THIS REMEDY SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO BUYER. SELLER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR CONTINGENT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS.
To secure payment of Seller’s invoices, Buyer hereby grants Seller a security interest in all goods sold by Seller to Buyer. Buyer hereby authorizes Seller to file financing statements on behalf of Buyer to perfect Seller’s security interest.
Seller shall have the right to set off against any amounts due from Seller to Buyer all amounts due from Buyer to Seller and/or any of Seller’s affiliates, subsidiaries or divisions.
Repackaged and/or Resold Goods
The goods sold on the Site are not intended for resale. Any resale and/or repackaging of the goods by Buyer or Buyer’s agent is a material breach of these Terms and a violation of Seller’s trademark rights. In the event Seller becomes aware of Buyer’s resale and/or repackaging of the goods, Seller may reject any future orders placed by Buyer and pursue any and all available legal action.
Goods may only be returned with Seller’s prior authorization and consent. Only unused goods in original containers of current design manufactured by Seller will be considered for return. Specially manufactured, custom or modified goods are not returnable. Buyer shall pay all transportation charges and a fifteen-dollar (USD $15.00) restocking fee for goods accepted for return by Seller.
Taxes and Other Charges
Buyer shall be responsible for paying any taxes, duties, fees or other charges imposed by any governmental entity based upon Buyer’s purchase of any goods from Seller.
Compliance with Laws
Buyer shall comply, and cause all of Buyer’s employees and agents to comply, at all times, with all laws and regulations that are applicable to the Buyer’s activities in connection with these Terms and Conditions, including without limitation all applicable anti-corruption and anti-bribery laws.
These Terms and shall be governed by and construed in accordance with Minnesota law. Any action relating to or arising out of any sales of goods made by Seller to Buyer shall be venued in state or federal court in Minnesota. Buyer consents to personal jurisdiction in Minnesota and waives any claim that venue in Minnesota is in any manner inconvenient. Buyer shall pay all attorney fees, expert witness fees, costs and disbursements incurred by Seller in collecting any amounts due from Buyer, enforcing these Terms and/or enforcing the specific terms of any sale of goods by Seller to Buyer.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than Buyer.
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