Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE
DISCLAIMER OF WARRANTIES AND SHIPPING & HANDLING
The following terms and conditions shall apply without exception to all sales:

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 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: 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, or unless stipulated by “Conditions and Agreement of Credit Sales” in Distributor Credit Application. 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 in full before is dispatched to production.

1. Shortages: Any claim for shortages must be reported to the Manufacturer within thirty (30) days after receipt of products.
2. DISCLAIMER OF WARRANTIES: MANUFACTURER DISCLAIMS AND THE PRODUCTS ARE SOLD WITHOUT ANY WARRANTY AS TO MERCHANTABILITY OF FITNESS FOR ANY PARTUCULAR PURPOSE OR DESIGN WHATSOEVER, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, ORAL, OR WRITTEN.
3. Manufacturer 3 Year Limited Warranty: This agreement applies to any Invoice, purchase, receipt, delivery, or use of and products and services from Groomer’s Best, Inc., or any of its subsidiaries, Vest Best, Best Utility Sinks, Sportsman’s Best, or affiliates. Our products will be free from defects in materials or workmanship for the duration of the warranty period. At our option, we will repair, replace, or refund the purchase price of any defective product covered by our warranty. Our warranty excludes normal wear and tear; damage caused by failure to follow instructions, misuse, abuse, modification, or unauthorized repair, including but not limited to scratches to the finish, and tears or indentations in the materials.
4. 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 claims must be filed within 60 days of the delivery of 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.
5. 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.
6. 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.

10. 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.
11. 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.
12. 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
13. 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.
14. Collection Expenses: All collection fees, court costs and interest charges will be petitioned for recovery from delinquent accounts.
15. Governing Law: This transaction shall be governed by the laws of the State of South Dakota, excluding provisions on conflict laws.
16. 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.
17. 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 Manufacturer 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.
18. Shipping and Handling: By Manufacturer – 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 (address provided to us is not accurate, problems within the shipping company, shipping delays, etc.)
19. Delivery Services: Delivery services can be added, freight companies call them accessorial fees. 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)

20. 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.
21. Reporting Damage:
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.
22. Shipping and Handling: By Distributor/Customer- is a service that if designated, requires your company representatives to provide your own shipping documents, arrangements, and wherein freight is to be charged to your freight carrier account. If Distributor Arranged Freight is indicated on your purchase order, you will be responsible for providing the BOL (bill of lading), pick up time and date, and necessary accessorial services on the freight account of your choice. All shipping documents, including BOL, freight labels, etc. MUST be provided by the company representative and communicated to:
customerservice@groomersbest.com for the merchandise to be freighted to your customers. Any delay in sending these shipping documents will result in a delay in merchandise shipping to your customer. Freight arrangements must be communicated to Groomer’s Best no later than three (3) business days from the date of notification of readiness of merchandise or storage fees will be incurred at a rate of $25 per day, per pallet. No additional shipping or freight charges will be charged to your purchase orders. Groomer’s Best is not liable for product damage incurred in transit when booked through a third-party account. Consequently, if products are damaged in transit, it will be your responsibility to submit a new purchase order to request a replacement product and/or repair advice be provided, as well as process and retain any funds collected from a freight claim under your account.

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