Terms & Conditions
emBracing Paws LLC. and Buyer are referred to in this Agreement as a “Party” and/or “Parties.”Buyer wishes to purchase from emBracing Paws LLC, and emBracing Paws LLC wishes to sell to Buyer, mobility devices for animals and related services in accordance with the terms of this Agreement.
Terms and Conditions:
Term: The Term begins on the Effective Date and remains in effect until terminated by either party on written notice.
Coverage: All emBracing Paws LLC Devices sold by emBracing Paws LLC and purchased by Buyer are covered by this Agreement. emBracing Paws LLC Devices
Purchases: emBracing Paws LLC Devices, or parts thereof, may be accompanied by and subject to End User License Agreement(s) which shall govern the use of the applicable 3D Devices or parts thereof. Veterinarian
Recommendations: emBracing Paws LLC may deal directly with DVMs and/or Rehab Specialists (“Vets”) for Buyer’s pets. emBracing Paws LLC may discuss prognoses with Vets in determining device candidacy.
Payment Terms for all purchases: Payment is due upon order. Payment must be made by check, ACH, credit card (subject to a 4% convenience charge for credit card payments).
Prices: Pricing and price protection terms are exclusive of applicable taxes which are separately noted for each order.
Shipping and Freight: Customer is responsible for shipping and freight charges associated with the purchase of emBracing Paws LLC Devices. All emBracing Paws LLC Devices will not be sent via expedited shipping. Shipping costs will be flat rate for both domestic and international shipping. emBracing Paws LLC is responsible for remedying any issues with package carriers.
No Refunds: All sales are non-refundable. All other refunds are at the discretion of emBracing Paws LLC. Unused, non-custom parts may be refunded based upon emBracing Paws LLC’ discretion. Buyer is required to send exchanged items back to emBracing Paws LLC. Limited Warranty and Limitations of Liability. Except with respect to their indemnification obligations, Buyer’s exclusive remedy and emBracing Paws LLC’ sole liability in connection with all Products supplied pursuant to this Agreement will be replacement of a damaged or defective Product. In order for emBracing Paws LLC to replace a damaged or defective Product, the defect must be confirmed in writing by emBracing Paws LLC. In any event, emBracing Paws LLC’ sole liability for any claims arising under this Agreement, no matter what the nature of the claim, will be the net price paid by Buyer for Products supplied pursuant to this Agreement. Except with respect to their indemnification obligations, neither party will be liable to the other party for lost profits or any other indirect, incidental, consequential, special, or punitive damages of any kind, including pet injuries. emBracing Paws LLC will also not be liable for any damages caused by Buyer’s failure to follow emBracing Paws LLC’ instructions or product specifications, variations of products from their specification which are immaterial to the performance of the Products, or defects not reported to emBracing Paws LLC by Buyer within one hundred and eighty (180) days after delivery of Products to Buyer. Buyer is required to conduct follow-up correspondence with Layer, in order to fulfill all warranty obligations. 2. BUYER AGREES THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED. ALL OBLIGATIONS OF emBracing Paws LLC SHALL TERMINATE IF BUYER FAILS TO DO ANY OF THE FOLLOWING: (i) PERFORM ITS OBLIGATIONS UNDER THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, OR (ii) COMPLY WITH ALL INSTRUCTIONS, SPECIFICATIONS, AND DIRECTIONS FOR THE PROPER USE AND HANDLING OF THE PRODUCTS.
Termination: Either party may terminate this Agreement upon written notice to the other party.
Indemnification. Each Party releases and agrees to defend, indemnify and hold harmless the other Party from any and all direct and indirect claims and liabilities arising from any of the following: (a) breach of this Agreement; and (b) personal injury or property damage caused by the any Products purchased under this Agreement or Buyer’s use of the Products; (c) infringement of patents, trademarks and/or copyrights; and (d) pet injuries.
Governing Law and Dispute Resolution: This Agreement as well as any disputes will be governed by California law without regard to its rules regarding conflicts of laws.