STANDARD TERMS OF SALES AND DELIVERY
1.1 Paleo Treats Inc., hereafter “PT”, ships or delivers all products direct to wholesale customers.
1.2 PT has no outside distributors carrying PT products.
1.3 Freight is included in PT product cost for wholesale orders over $500.
1.4 Absent unforeseeable events, PT orders ship Monday of the week following the receipt of invoice. In the unlikely instance of force majeure, transportation delays, or other circumstances out of PT control, PT shall be released from the duty to make timely delivery to the extent in which PT is not responsible for such events.
Price and Payment Terms
2.1 All prices shall be calculated with the wholesale price list in effect at the time when the order is confirmed.
2.2 Unless otherwise agreed, the wholesale customer shall make payment immediately upon placing an order using the PT online wholesale platform or by cash or check upon receipt of delivery.
2.3 If the wholesale customer wishes not to accept 2.2 above, and it is agreed upon by PT, the wholesale customer will be billed monthly and will be required to submit payment within thirty (30) business days (“Net-30”) of the date of the invoice. In the event that PT does not receive payment within the Net-30 period for any reason, PT, at its option, may add a $100 late fee starting on day thirty one (31), and may add an additional $100 fee for each and every thirty (30) day period following day thirty one (31).
3.1 The wholesale customer must inspect PT products immediately upon receipt and promptly notify PT in writing or by email with respect to any objections or patent or latent defects, no later than five (5) business days after receipt. The customer shall lose his warranty and compensation claims regarding the absence of warranted qualities unless customer inspects the delivery immediately upon receipt but not later than prior to handling, stocking, or selling to a third party, and unless customer notifies us in writing or by email as to any objections within five (5) business days. Following the expiration of this period or fifteen days (15) at the latest, all warranty and compensation claims shall be excluded. The burden of proof shall rest entirely with the customer for all warranty claim requirements, and specifically for the defect itself, for the time of detection of the defect, and for the timeliness of notice of the defect.
3.2 PT warrants PT products against defects by cure of the same or by refund, at PT’s option. There shall be no warranty claim if the delivered PT products are defective because of actions or inactions by the customer, including but not limited to: improper storage, refrigeration, or handling.
3.3 To the extent permitted by law, any other claim, in particular concerning consequential losses, are excluded. To the extent permitted by law, all compensation claims, even based on affirmative breach of contract, tortious acts, and in particular based on product liability or other legal grounds, may only exist against us in the event of wrongful intent or gross negligence. We shall be liable for ordinary negligence if material contractual duties have been breached and the breach is attributable to our business organization. Such claims shall become time-barred in six (6) months, and the relevant periods of limitation shall begin upon delivery.
4.1 PT shall not be liable for breaches of duty resulting from ordinary negligence. Furthermore, PT liability is limited to the average loss that is foreseeable, typical of the contract, and direct. This shall also apply in the cases of breach caused by the ordinary negligence of our agents or other representatives.
Display & Pricing
5.1 Any and all graphical design elements may be pulled or copied from the PT website for use by Wholesalers, but may not be modified in any way, to include removing any wording, branding, barcode, numbers etc.
5.2 Online re-sellers may sell for no less than PT sell online. Physical re-sellers with a walk-in location may set their own retail price.
6.1 Any and all changes to these terms must be made in writing in order to be valid.
6.2 If any of the foregoing provisions is found to be invalid or void, this shall not affect the validity of the remaining provisions. Any potentially invalid provisions will be replaced by a valid provision that closely approximates the overall purpose of the invalid provision, taking into account the remaining valid provisions and the agreement as a whole.
6.3 The legal relationship between the customer and PT shall be governed by the laws of the State of California.