Minimum order is one case.
P2P Club LLC Terms & Conditions
1. Acceptance of buyer’s orders, whether oral or written, is subject to the express condition that buyer agrees to all the terms and conditions herein. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying, or otherwise changing the provisions stated herein, shall bind P2P Club LLC unless made in writing and signed and approved by a duly authorized officer of P2P Club LLC. No modification of any of these terms will be made effective by P2P Club LLC's shipment of goods following receipt of buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
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2. All prices are F.O.B. unless otherwise specified and are subject to adjustment without notice to P2P Club LLC's prices in effect at the time of shipment. Any increase in transportation rates or any changes in routing resulting in an increase in transportation rates or any changes in routing resulting in an increase in transportation costs shall be paid and borne by the buyer.
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3. Unless otherwise specified, terms are pre-pay for online orders; offline orders shall be pre-pay for the first 3 orders and net 30 days thereafter upon approved credit.
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4. Force majeure: P2P Club LLC shall not be liable for delays in shipment or default in delivery for any cause beyond P2P Club LLC 's reasonable control, including, but not limited to, government action, shortage of labor, raw material, production or transportation facilities, labor difficulty involving employees of P2P Club LLC or others, fire, flood, or other casualty. In the event of any delay in P2P Club LLC's performance due in whole or in part to any cause beyond P2P Club LLC's reasonable control, P2P Club LLC shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by the buyer of any goods shall constitute a waiver by buyer of any claim for damages on account of any delay in delivery of such goods.
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5A. All United States taxes and excises of any nature whatsoever, now, or hereafter levied, by any governmental authority upon the sale, warehousing or transportation of any goods covered hereby, shall be paid, and borne by buyer.
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5B. All Canada import taxes and excises by any governmental authority upon the sale, warehousing or transportation of any goods covered hereby, shall be paid, and borne by P2P Club LLC.
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6. Delivery of goods by P2P Club LLC to carrier shall be deemed delivery to buyer, and thereupon title to such goods and risk of loss or damage shall be buyer’s. Any claim by buyer against P2P Club LLC for shortage or damage occurring prior to such delivery must be made in writing within (5) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received goods from P2P Club LLC in the condition claimed.
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7. The P2P Club LLC warranty is as follows:
We warrant our products to meet the Manufacturer’s published physical properties at the time of sale when tested according to their standards. Under this limited warranty, we will provide, at no charge, product in containers to replace any product proven to be defective when applied and tested according to the Manufacturer’s written instructions.
User shall determine the suitability of the product for his intended use and assume all risk and liability. WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE, BEYOND PRODUCT REPLACEMENT DESCRIBED IN THIS LIMITED WARRANTY, AND IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Any and all claims that a product is defective must be made in writing within thirty (30) days after discovery of the defect, and in no event more than one (1) year after the original shipment of the product by us. Failure to timely notify us of any claim constitutes an irrevocable waiver of such claim regardless of the circumstances.
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THIS LIMITED WARRANTY IS THE USER’S SOLE REMEDY AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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Notice: Statements or suggestions concerning possible use of the products are made without representation or warranty that any such use is free of patent infringement and are not recommendations to infringe any patent. The user should not assume that all toxicity data and safety measures are indicated herein or that other measures may not be required.
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8. P2P Club LLC reserves the right to require payment for any shipment hereunder in advance, or satisfactory security, if the financial responsibility of buyers becomes unsatisfactory to P2P Club LLC. If buyer fails to make payment in accordance with the terms of this agreement, or fails to comply with the provisions hereof, P2P Club LLC may, at its option, and in addition to any other remedy, cancel any unshipped portion of this order, but buyer shall remain liable for all unpaid accounts including interest, service charges and legal fees incurred.
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9. P2P Club LLC reserves and buyer grants to P2P Club LLC, a security interest in the product(s) until the purchase price is paid in full. On request of P2P Club LLC, buyer agrees to execute all documents necessary to perfect such security interest.
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10. P2P Club LLC will use all reasonable efforts to comply with buyer’s request as to method of shipment, but P2P Club LLC reserves the right to use an alternate method of transportation or route of shipment if substantial delays might otherwise occur. In such cases, P2P Club LLC will notify buyer of such changes a soon as reasonably possible.
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11. P2P Club LLC will not be liable for any claims resulting from deliveries not made within a specified time. P2P Club LLC will exercise its best efforts to make such deliveries in what is considered a reasonable amount of time.
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12. Waiver by buyer or P2P Club LLC of any term or condition shall not be construed as a waiver of any other term or condition in this agreement. Failure to exercise any right because of default shall not mean a waiver of such right at any other time.
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13. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance, shall be governed by the laws of the State of Oklahoma, including the Uniform Commercial Code as in effect in Oklahoma. Any claim by buyer arising hereunder which cannot be amicably resolved shall be tried in the appropriate state or federal court in Oklahoma.
Any claim by P2P Club LLC arising hereunder may, at P2P Club LLC's option, be tried in the appropriate state or federal court in Oklahoma, to the jurisdiction of which buyer hereby submits.
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14. Failure of Seller to ship or of Buyer to take any delivery hereunder (or portions thereof) when due, if occasioned by (a) Act of God or the public enemy, fire, explosion, perils of the sea, flood, drought, war, riot, sabotage, accident, embargo; or (b) without limiting the foregoing circumstances, any circumstances of like or different character beyond the reasonable control of the party so failing; or (c) interruption of or delay in transportation, inadequacy or shortage or failure of normal sources of supply or materials or equipment, breakdowns, labor trouble from whatever cause arising and whether or not the demands of the employees involved are reasonable and within said party’s power to concede; or (d) compliance by Seller or Buyer with any order, action, direction or request of any governmental officer, department, agency, authority or committee thereof, (including any direction or order restricting or limiting the selling price of the material specified herein or of any material produced in conjunction therewith or in connection with which such materials are used, which renders it impossible for Seller or Buyer, in its sole discretion to make a reasonable profit on such production ore use); whether in any case the circumstance now exists or hereafter arises, shall not subject said party to any liability to the other and in the total quantity to be delivered hereunder shall be reduced by the quantity of the delivery or deliveries (or portions thereof) so omitted. If Seller’s supply of the material herein specified shall be insufficient to meet all requirements, Seller shall have the right at its option and without liability to apportion its available sales supply among its customers including its affiliated divisions and companies, in such manner as Seller believe equitable.
15. Seller warrants that the material supplied hereunder shall conform to the description stated herein; and that said material shall be of merchantable quality, except Seller makes NO WARRANTY OF MERCHANTABILITY WITH RESPECT TO MATERIAL MADE PURSUANT TO BUYER’S SPECIFICATIONS. THERE IS NO WARRANTY THAT MATERIAL SUPPLIED HEREUNDER SHALL BE FIT FOR ANY PARTICULAR PURPOSE NOR IS THERE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT SUCH AS IS EXPRESSLY PROVIDED HEREUNDER.
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16. Seller shall not be liable to Buyer for damage to persons or property resulting from the use of the material in manufacturing processes, or in combination with other substances, or otherwise.
Seller assumes no obligation or liability for any technical or safety advice it furnishes concerning the material, the parties agreeing that unless otherwise agreed all such advice is given without charge or warranty and accepted at Buyer’s risk.
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17. Claims on account of weight, quality, loss of or damage to said material are waived unless made in writing within thirty (30) days after arrival thereof at destination, and any action for breach of this contract, other than for non-payment hereunder, must be commenced within one year of the date of delivery or due date of delivery in the event of non-delivery, or the particular shipment upon which such claim is based. Seller’s liability for damages, whether based upon Seller’s negligence, breach of contract, breach of warranty or otherwise shall not exceed the purchase price of the particular shipment with respect to which such damages are claimed and shall not include liability for special, incidental, indirect, punitive or consequential damages.