Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE
DISCLAIMER OF WARRANTIES AND SHIPPING & HANDLING

The terms and conditions outlined below are applicable to all sales without exception. These terms and conditions supersede any and all prior agreements, discussions, understandings, whether written or oral.
1. Sole Terms: No term or condition on Customer’s hereinafter called “Buyer” Purchase Order or any other instrument, agreement or understanding (unless expressly referred to on the face of Groomer’s Best’s hereinafter called “Manufacturer” Quotation and/or acknowledgment) shall be binding upon Manufacturer, unless agreed to in writing.
2. Prices: This Invoice supersedes all previous quotations, including freight quotes, and proposals. Prices do not include property, sales, uses or privilege taxes or any export or import taxes, custom duties, or the like, unless stated. All errors are subject to correction. If the Buyer is charged sales tax in error, the Buyer must notify Groomer’s Best, Inc., within 14 days of the Invoice date to receive a credit. After 14 days the sales tax cannot be refunded.
3. Payment Terms:
a. Distributor: Unless is specified otherwise in the Distributor Agreement, Exhibit “C”, Section 3 “Payment Terms”, terms of payment are the net amount of the Invoice in the United States currency within thirty (30) days of the date of the invoice, A late payment charge of one and one-half percent (1 ½%) of the amount of the invoice will be charged for each month, or any portion thereof, that payment is not made within thirty (30) days of the date of the invoice. If shipments are delayed by the Buyer, invoices may be rendered on the dates Manufacturer is prepared to make shipments. If completion of manufacture is delayed by Buyer, invoices may be rendered when delay is ascertained, based upon percentage of completion. Goods held because of Buyer’s and/or their Customer/Shipper inability or refusal to accept delivery are at the risk and expense of buyer.
b. Direct Customer (Non-Distributor): All orders placed via phone, e-mail, or Groomer’s Best website, are to be immediately paid for in full before being dispatched to production.
4. Shortages: Any claim for shortages must be reported to the Manufacturer within five (5) days after receipt of products.
5. DISCLAIMER OF WARRANTIES: MANUFACTURER DISCLAIMS ALL WARRANTIES. PRODUCTS ARE SOLD WITHOUT ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR DESIGN, AND WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN.
6. Manufacturer 3-Year Limited Warranty: This warranty applies to any purchase, invoice, receipt, delivery, or use of products and services from Groomer’s Best, Inc., or its subsidiaries, including Best Utility Sinks and Sportsman’s Best. Our products are guaranteed to be free from defects in materials or workmanship for the duration of the three-year warranty period.
If a product is found to be defective during this time, we will, at our discretion, repair it, replace it, or refund the purchase price. However, our warranty excludes:
• Normal wear and tear
• Damage caused by failure to follow instructions, misuse, abuse, modifications, or unauthorized repairs
• Scratches to the finish, tears, or indentations in the material
• Accessory parts purchased through us
Additionally, any use, shipment, or release of the product outside the defined territory outlined in the Distributor Agreement (“Exhibit B”) will void the warranty. The defined territory includes the 49 continental United States, Alaska, and the District of Columbia.

Please note that the manufacturer is not liable for any defects, damage, or malfunctions resulting from the use of the product outside the specified territory or for any excluded circumstances.
7. 1-Year Limited for Accessorial Parts: This warranty covers all accessorial parts purchased from us.
What’s covered:
• Defects in materials and workman ship under normal use and service conditions.
• Coverage lasts for one (1) year from the date of purchase.
• We will, at our discretion, replace or repair any defective part.
What’s Not Covered:
• Damage caused by improper installation, misuse, neglect, or unauthorized modifications.
• Normal wear and tear, cosmetic damage, or consumable parts.
• Incidental or consequential damages, including (but not limited to) labor costs, downtime, or loss of use.
8. Limitation of Liability & Exclusive Remedy: Manufacturer’s liability and responsibility for any defective or non-conforming products are limited to the cost of such goods and any such claim must be filed within 30 days of the delivery of the product. ALL REMEDIES OF BUYER ARISING OUT OF THIS TRANSACTION OR WITH RESPECT TO THE SALE OR USE OF THE GOODS SHALL BE LIMITED EXCLUSIVELY AND IN LIEU OF ANY AND ALL OATHER REMEDIES, TO THOSE CONTAINED IN THESE TERMS AND CONDITIONS. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OR LOSSES OF BUYER OR USERS, ARISING OUT OF PURCHASE OF PRODCUTS OR THE USE OR MISUSE OF THE PRODUCTS.
9. Confidential Information: Technical information contained in plans, drawings, specifications, photographs, and other documents disclosed or furnished by the Manufacturer are the sole and exclusive property of the Manufacturer. Buyer, in the absence of express prior permissions of Manufacturer shall hold them in confidence and may not sell or dispose of any portion thereof.
10. Default: If Buyer shall fail to pay all or any part of the sums due, or to observe, keep or perform any of its obligations, become insolvent or become a party to any Federal or State insolvency proceedings or receivership, or become a judgment debtor, all sums due or to become due may, at the option of Manufacturer, become immediately due and payable, and concurrently, or in the alternative, Manufacturer may, at its option, terminate Order and exercise any other remedies available under all applicable laws. Waiver of any default shall not be a waiver of any other or subsequent default.
11. Specifications: If specifications and designs for goods are furnished by the Buyer, Buyer will indemnify and save Manufacturer harmless for all claims, cost, and expenses (including cost and attorney’s fees) of and patent infringement claim oar proceeding resulting from not be responsible for the accuracy or suitability of such designs or specifications, or for the performance of any goods made in conformity thereto.
12. Indemnification: If Manufacturer shall be made a defendant in any proceeding, action or arbitration by Buyer, or any persons deriving title from Buyer, or any third person on the basis of breach of warranty, negligence or tort, and if no award or judgment shall be made or rendered against Manufacturer, buyer hereby indemnities and holds Manufacturer harmless from all cost and expenses in connection with such proceeding, action or arbitration, including reasonable attorney’s fees and expenses.
13. Cancellation: Any Orders may be cancelled by Buyer only with the written consent of Manufacturer and upon reimbursement to Manufacturer minus ten percent (10%) re-stocking fee
14. Return Policy: All returns must be pre-authorized within 30 days of the time the order was received. Items received without authorization will be refused upon delivery. Return authorizations must be requested via e-mail to customerservice@groomersbest.com. You are responsible for all return shipping cost(s), which are non-refundable. There is a 10% restocking fee on all cancelled and/or returned orders.
15. Collection Expenses: All collection fees, court costs and interest charges will be petitioned for recovery from delinquent accounts.
16. Governing Law: This transaction shall be governed by the laws of the State of South Dakota, excluding provisions on conflict laws.
17. Miscellaneous: These terms and conditions (including those stated on the face hereof) shall constitute the entire agreement of Manufacturer and Buyer, superseding all prior agreements or understandings, written or oral, and cannot be amended except by mutual writing. Buyer may not assign any rights or duties he/she renders without Manufacturer’s written prior consent. No reproduction, warranty, course of dealing or trade usage not contained or referenced herein will be binding by the Manufacturer. No failure by Manufacturer enforces at any time for any period the provisions hereof shall be construed as a waiver of such provision or of the right of Manufacturer to enforce thereafter each and every provision. No representative of the Manufacturer has the authority to waive or change any of the above provisions.
18. Shipment, Reconsignment and Risk of Loss: Shipment date is approximate. Goods will be shipped “f.o.b.” point of origin, with all risk of loss or damage to goods passing to buyer upon delivery to carrier. If freight must be prepaid, payment will be made for the account of the buyer. The manufacturer may make delivery installments, separately invoiced and payable without regard to subsequent deliveries. The Buyer is fully responsible for additional reconsignment fees incurred by the carrier. Delay in delivery of any installment shall not relieve the buyer of its obligations to accept remaining installments.
19. Shipping and Handling: By Manufacturer – Unless is specified otherwise in the Distributor Agreement, under Exhibit “B”, most large items may be shipped via the LTL freight carrier of our choice. The Buyer is responsible for providing an address that these carriers recognize as a deliverable address. We will arrange the BOL (bill of lading), pickup time and date, and necessary accessorial services for delivery. When a shipment is delivered, both the consignee and the truck driver will sign the BOL and you will be given a copy, which is your receipt of delivery. We are not responsible for any additional fees such as, but not limited to, inside delivery, reconsignment, daily storage at terminal, if there are any issues with the delivery for reasons beyond our control (this includes, but not limited to, inaccurate addresses provided, shipping company delays, or other unforeseen problems).
20. Delivery Services: Delivery services, also known as accessorial fees, can be added at the Buyer’s expense. Making the needed arrangements before the delivery will help to ensure the freight is delivered safely and conveniently the first time. Below are the accessorial services we offer at no charge, and the fees, if accrued, you are responsible for:
a. Accessorial services included with your freight:
• Liftgate delivery
• Appointment Required
• Job Site Delivery (must be provided before shipment)
• Secured/Limited Access (must be provided before shipment)
• University/School Delivery (must be provided before shipment)
• Residential or Commercial Delivery (must be provided before shipment
b. Accessorial services NOT included with your freight (which can range in cost from $25.00 – $125.00:
• Inside delivery
• Address re-consignment
• Daily storage fees (at the Freight Terminal)
21. Loss, Damage, or Delay: Manufacturer shall not be liable for breach of covenant or condition, loss, injury, delay, damages, or other casualty due to labor, disturbances, embargoes, riots, storms, fires, explosions, force majeure, war, acts of hostility inability to obtain necessary labor or raw materials from usual suppliers, breakdown of manufacturing facilities, major change in economic conditions, or any causes beyond its control. If Manufacturer’s performance is rendered permanently impossible, or impracticable, either party may cancel executory portion of this Invoice, and the only liability shall be Buyer’s for pro-rated or allocated portion of the Order completed, including all inventory and supplies not returnable for full credit or otherwise usable by Manufacturer.
22. Reporting Damage upon Delivery:
a. Notated Damage – Damages are notated when the damage is specifically written on the delivery receipt and/or are refused. Groomer’s Best must be notified of the damage and/or refusal within 24 hours of delivery so that we may issue you a replacement and file a damage claim with the freight company. If the driver did not remove the goods at the time of delivery, you must retain the product and all of the packaging including the carton and any foam and/or packaging material it contained. The freight company may or may not come back to inspect and remove
the merchandise. If they do not remove the product, please wait until we contact
you on how to proceed.
b. Concealed Damage – Damage that is found after the driver has left and was not
notated on the delivery receipt is concealed damage. Replacement or repair costs
will apply on all concealed damages. It is your responsibility to inspect the entire
shipment before the driver leaves. Failure to do so releases the Manufacturer from
all liability. If concealed damage is discovered, Groomer’s Best must be notified
within 24 hours (excluding weekends). We require that all original packaging
materials including the carton and any foam contained therein be retained until we
advise you it may be discarded. You are encouraged to take photographs of the
outer and inner packaging as well as the damaged product. We will ship a
replacement as soon as possible at cost to you. (See additional information on
“Concealed Damage” information sheet).
c. Contact Information – Damages that occur in transit are unfortunate. Our policies
are in place to expedite the process of sending replacements or repairs as quickly
as possible. Please contact 605-582-3013 or e-mail
customerservice@groomersbest.com to report damage, or any questions you may
have about our shipping and handling policy.
23. Shipping and Handling: By Buyer/Customer- Buyer is responsible for arranging their own
shipping and handling. This includes providing all necessary shipping documents via e-mail
to our Shipping Department at shipping@groomersbest.com, making freight arrangements,
and ensuring all freight charges are billed to your carrier account.
Key responsibilities for the Buyer:
• Provide a valid delivery address: The address must be recognized as deliverable by
LTL freight carriers.
• Manage shipping documents: You must arrange the Bill of Lading (BOL), provide
freight labels, and schedule a pickup time and date.
• Coordinate additional services: Any necessary services, such as accessorial,
reconsignment, or daily storage at a terminal, are your responsibility.
• Resolve delivery issues: You are responsible for handling any problems that arise
during shipping, including inaccurate addresses, issues with the shipping company, or
other delays.
Timeline and Fees:
• Shipments must be scheduled within our operating hours: Monday through Friday, 8:00
am to 4:00 pm CST. For Holiday hours, please call customer service at 605-582-3013.
• You must provide all freight arrangements to Manufacturer within three (3) business
days of being notified that your merchandise is ready. Failure to do so will result in
storage fees of $25 per day, per pallet.
• Any delays in sending shipping documents will inevitably delay the shipment to your
customer.
Damaged Products:
• Manufacturer is not liable for any product damage that occurs during transit when
shipping is booked through a third-party account.
• If products are damaged in transit, you are responsible for submitting a new purchase
order for a replacement or requesting repair advice.
• It is also your responsibility to process any freight claims with your carrier and retain any
funds collected.
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