Terms and Conditions
Dear Customer,
We are delighted to have you as a PrissyDog customer. Our products are carefully
manufactured and tested; however, manufacturing defects or shipping damage can
occur. The sales receipt includes a complete statement of our warrantee policy,
along with instructions for handling any problems with your merchandise. Thank
you for your purchase.
1. General Terms
PrissyDog (Seller) and customer (Buyer) agree to the following terms and conditions
which are made a part of and incorporated in this Order. All offers, sales,
agreements, promises, representations, offers, and all transactions as well
as their performance are governed by the following conditions unless otherwise
expressly stipulated in writing. Any amendment, modification or waiver of these
conditions whether written or oral as well as any subsequent agreements or modifications
to these terms shall be in writing. Any oral modifications, revisions, or changes
to these terms shall be in writing otherwise they are deemed invalid. No oral
representations are valid and diverging conditions of the Buyer are herewith
expressly rejected. PrissyDog's conditions shall be deemed to be accepted by
the Buyer upon placing an order, on receipt of PrissyDog's acknowledgement of
the order or upon acceptance of the goods or service.
2. Placing of Order
The seller's offers does not bind him nor do they oblige him to accept an order.
3. Transportation and Passage of Risk
Dispatch and transport, including self-collection, shall be affected for the
account and at the risk of the Buyer even where free delivery is agreed upon.
Any and all risks associated with the purchase shall be the responsibility of
the Buyer upon delivery of the materials to the carrier. PrissyDog shall not
be held responsible for any loss or damage which may occur in transit. The Buyer
herby agrees to inspect the goods immediately upon receipt. Any damage to goods
in transit is to be certified by the carrier on the consignment note. If damage
is not externally apparent, the carrier shall be held responsible for no more
than 6 days after the delivery of the goods.
4. Delivery period and delays
The delivery period shall be deemed approximate. The delivery period shall be
reasonable extended upon the occurrence of unforeseen circumstances beyond the
Seller’s control without the Seller being liable for delay. If the Seller
is in default with the delivery the purchaser is obliged to grant a reasonable
extension. In case of default the Seller’s liability for damages is limited
to the amount of the invoiced price.
5. Return goods policy
PrissyDog will accept as return goods only products which are defective because
of poor workmanship or material. Only the part or parts of complete sets, which
are defective, will be accepted for return. Previously used or damaged items
cannot be returned. All items must be returned in their original packaging.
Any resalable items ordered in error or canceled within 30 days of receipt will
be assessed at a 25% restocking charge. All transportation for returned goods
must be paid by the Buyer. Non-current goods that are no longer listed in the
current manufacturer’s catalog and price list are non-returnable.
6. Indemnification
To the fullest extent permitted by law, Buyer agrees to indemnify, defend and
hold PrissyDog and their agents and employees harmless against all claims, demands,
liability, loss, damages, expenses, and causes of actions and liabilities of
every kind and nature whatsoever arising out of, or in connection with, PrissyDog’s
operations performed under this Agreement and caused or alleged to be caused,
in whole or in part, by any act or omission of PrissyDog or anyone employed
directly or indirectly by PrissyDog, including attorney’s fees and court
costs, actually or allegedly caused or contributed to by any incident and/or
accidents resulting in physical injuries or property damage arising from no
merchantability, from unfitness for a particular use, from improper use of the
product and/or utilization of the products in such a manner which is not consistent
with the terms and conditions of this agreement. This indemnification shall
extend to claims occurring after this Agreement is terminated as well as while
it is in force. The indemnity shall apply regardless of any active and/or passive
negligent act or omission of PrissyDog or any other party to be indemnified
under this Agreement. The indemnity set forth in this Section shall not be limited
by insurance requirements or by any other provision of this Agreement.
7. Limited Warranty
This Limited Warranty is the only warranty given by PrissyDog in connection
with the products which are the subject of this Order. PrissyDog makes no warranty
or guarantee, express or implied, except that which is specifically set forth
as follows: All merchandise is covered by a 90 day warranty only. PrissyDog
makes no other warranties, whether express or implied, and Buyer waives any
implied warranty of merchantability and/or warranty of fitness for a particular
use, and any other implied warranties. Any claim under this Limited Warranty
shall be made to PrissyDog in writing within five (5) days of Buyer’s
discovery of the claimed defect, but in no event later than ninety (90) days
from the delivery date. Buyer’s failure to notify Seller of the claimed
defect as required herein shall bar Buyer from recovery under this Limited Warranty.
This Limited Warranty shall not be applicable if the defect is the result of
normal wear and tear, of misuse or abuse, of commercial use, or an act of God.
8. Payment
All accounts are due and payable at the time of placing the order. A finance
charge of 1 ½% per month or the highest legal rate allowable by law will
be charged on all past due accounts. Should Seller be required to retain and
compensate counsel to enforce its rights under this agreement, Seller shall
be entitled to award and reimbursement of its attorney’s fees incurred,
whether or not litigation is commenced. In the case of litigation, Seller shall
be entitled to award of reasonable attorney’s fees and costs as an element
of the costs of suit.
9. Assignment
Any assignment of the rights or obligations arising under this Order shall be
void unless consented to by Seller, in writing.
10. Severability
Should any term, condition or provision of this Order be deemed unenforceable
or void, then the remainder of this Order shall be in full force and effect
and shall not be rendered void.
11. Enforcement
If Buyer fails to perform any of its obligations pursuant to this Order, Seller
shall be entitled to all remedies provided by law. If at any time in the opinion
of Seller, the financial responsibility of Buyer becomes impaired or unsatisfactory,
Seller reserves the right to require payment in advance or other security for
delivery under this Order, and payment for all products under this Order shall
become due and payable immediately.
12. Jurisdiction
Buyer consents that the jurisdiction over any controversy concerning the product
and/or materials of this Order shall be in the Courts of the State of California,
in the County of Los Angeles. This Order shall be construed as performable or
performed in said county and state. This Order shall be subject to the laws
of the State of California.
13. Conflicting Terms
To the extent any conflicting terms or conditions are embodied in the Order,
Buyer and Seller hereby agree that the terms or conditions contained herein
shall supersede any conflicting terms or conditions. This Agreement embodies
the entire agreement between Seller and Buyer and any subsequent modification
must be accepted by the Seller in writing.
Our Address
Prissy Dog, LLC.
543 Country Club Drive
Suite B-437
Simi Valley, CA 93065 USA