Orders. All orders for goods or provision of services (collectively, the “Products”) are subject to acceptance by Platinum Performance Inc. (“Platinum”). Acceptance of your order by Platinum is expressly made conditional upon your acceptance of the conditions of sale as set forth herein, notwithstanding acknowledgement or receipt of your purchase order containing additional or different provisions, or conflicting oral representations by any agent of Platinum. Each standard term herein shall apply to all sales of Products in the United States unless a term is expressly superseded by a written agreement between you and Platinum.
Cancellation. Platinum reserves the right to cancel any purchase, even if it has been previously confirmed in writing, due to incorrect or mistaken pricing or Product description or insufficient inventory. In the event that Platinum must cancel a purchase of Products, you will receive a full refund or credit, as appropriate, and you acknowledge and agree that a refund or credit is your sole remedy. If you have pre-ordered any Product, you may cancel your order at any time prior to shipment and you will receive a full refund or credit.
Online Purchases. If you are using the Platinum Performance Inc. Site (“Site”) to purchase Products and create an account, you will create a User Identification ("User I.D.") and password. In connection with any future orders, you may be asked to input your User I.D., or the User I.D. may automatically be supplied. You are responsible for maintaining the security of your password and User I.D. You may also checkout as a Guest user, however you will still need to provide name, address and other information required to process your payment and deliver your products.
Taxes. Platinum is required to charge state sales tax on taxable products based on the shipping address. To see if sales tax is charged in your state click here. Any other tax or other charge upon the sale and/or shipment of the goods or provision of services now or hereafter imposed by Federal, State, or Municipal authorities shall be paid by you. In the event that the price of any article includes transportation, collection or delivery charges, any increase or decrease in such charges shall be for your account.
No Warranty; Limitation of Liability.
EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY PLATINUM, PLATINUM MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE PRODUCTS ARE PROVIDED "AS IS." YOU USE THE PRODUCTS SOLELY AT YOUR OWN RISK.
You assume all risk as to the use of the Products. In no event will Platinum or its affiliates be liable for any loss of profit, business or use, or any other indirect, special, incidental, consequential or punitive damages, even if foreseeable. Total damages recoverable against the Platinum hereunder shall be exclusively limited to the purchase price of the Products with respect to which damages are claimed.
Force Majeure. Failure of Platinum to make or of you to take any delivery hereunder (or portions thereof) when due, if occasioned by any circumstances or condition beyond the control of the party so failing, shall not subject said party to any liability to the other and, at the option of either party, the total quantity hereunder shall be reduced by the deliveries so omitted.
Payment. Payments due are billed as of invoice date and not date of receipt of goods or services.
Fees. Any collected agency or attorney's fees incurred to collect a delinquent balance shall be paid by you on demand.
Shipping. All sales of goods shall be made free on board shipping, in accordance with Platinum’s standard shipping terms in effect at such time. Title to any goods purchased hereunder shall pass to you upon delivery to the carrier.
No Resale. You agree not to resell the products through any unauthorized sub-distribution channels.
Anti-Corruption; Global Trade Laws. You agree to comply with all applicable anti-corruption laws and global trade laws when dealing with Products, and will not export or reexport, directly or indirectly, Products to any country, territory, entity, or individual where doing so would be prohibited by applicable law, and without first satisfying all requirements and formalities under applicable global trade laws. Without limiting the generality of the foregoing, this prohibition includes any transaction that would involve the export or reexport, direct or indirect, of Zoetis products to Cuba, Iran, North Korea, Syria, or the Crimea region.