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Terms & Conditions

 

PURPLE PEBBLE LLC ("Purple Pebble") Standard Terms and Conditions

COMPLETE AGREEMENT- All Products and Services provided by or through Purple Pebble are on the following terms and conditions notwithstanding any additional or conflicting terms and conditions from Purchaser contained in any of Purchaser's correspondence including Request for Quotation, Order or Acknowledgment form, nor shall any verbal representation, promise, course or dealing, trade usage, modification, rescission, or waiver be implied, incorporated or binding, unless and until specifically agreed to by Purple Pebble in a separate writing signed by both Purple Pebble and the Purchaser, except as overridden by additional, conflicting or separate terms from Purple Pebble found in the body of its Quotation or Order Acknowledgment. Commencement of performance or shipment by Purple Pebble will not constitute acceptance by Purple Pebble of additional or inconsistent terms or conditions.

DELIVERY AND RISK OF LOSS - Products are furnished f.o.b. Purple Pebble factory and shall be complete upon delivery to the transporting carrier, whereupon Risk of Loss transfers to the Purchaser. Title and a security interest shall remain with Purple Pebble until the Products or Services are paid for in full, and are to be perfected with Purchaser's cooperation, by the filing of a UCC-1 or an equivalent form where appropriate, which shall supersede the interest of any other party in and to the Products, and shall constitute notice and demand for return of Purple Pebble Products in the event of a bankruptcy or receivership. Purchaser shall obtain insurance in sufficient amount to cover unpaid portion of purchase price at Purchaser's expense with Purple Pebble as the named payee up to the unpaid amount of the purchase price and shall deliver to Purple Pebble a certificate of insurance showing same. If shipment or delivery is delayed, due in whole or in part by Purchaser's fault or that of Purchaser's chosen agents, employees or representatives, Products shall be stored at Purchaser's cost and expense and Purchaser shall be liable for all liquidated, direct, indirect or consequential damages resulting therefrom or related thereto. Purple Pebble shall not be responsible for any direct, indirect, special, consequential or liquidate damages caused by or related to or arising from any delays in shipment or delivery whether caused by any force majeure, natural disaster, war, strike, military action, transportation interruption, or computer "crash". Any changes to the Product initiated by Purchaser or its' agents, employees or representatives subsequent to Order Acceptance and late delivery not the fault of Purple Pebble shall entitle Purple Pebble to reasonable price and delivery adjustments.

WARRANTY AND DAMAGES - Purple Pebble warrants that the Products of its manufacture are free from defects in materials and workmanship and are manufactured in accordance with the specifications included with Purple Pebble Quotation, Order Form or Order Acknowledgment or as received from the Purchaser with its Request for Quotation or Purchase Order, or as these may have been revised in a writing signed by both parties. Changes and modifications sent or received by e-mail or fax must be followed immediately thereafter by "hard" copy. Specifications do not constitute performance guarantees.

This warranty is in effect for the benefit of the original Purchaser / user for the period of 12 months from the date of shipment. It does not cover damage or failure to perform as specified due to normal wear and tear, chewing, corrosion, when application or conditions differ from those set forth in Purple Pebble literature, or, where not included, differ from those normally accepted in the industry for the application.

Where a defect is found by Purple Pebble to exist which has been reported by the Purchaser to Purple Pebble in writing during the warranty period, Purple Pebble shall repair, replace (f.o.b. Purple Pebble' factory) or, at Purple Pebble' option, accept return of the Products for a refund of the purchase price. Purchaser must return the Products within thirty (30) days from receipt of notice that Purple Pebble is exercising the return / refund option. THIS WARRANTY AND THE REMEDIES PROVIDED FOR HEREIN ARE IN LIEU OF ANY OTHER REMEDIES, EXPRESSED OR IMPLIED. PURPLE PEBBLE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR LIQUIDATED DAMAGES CAUSED BY OR RELATED TO OR ARISING FROM ANY FAILURE TO PERFORM OR DEFECT IN THE MATERIALS OR WORKMANSHIP OF THE PRODUCTS OR SERVICES, WHETHER CAUSED BY ANY FORCE MAJEURE, SUCH AS, BUT NOT LIMITED TO, NATURAL DISASTER, WAR, STRIKE, MILITARY ACTION, TRANSPORTATION INTERRUPTION, OR COMPUTER "CRASH", WHETHER IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, STRICT LIABILITY, NEGLIGENCE, OTHER LEGAL THEORY OR INDEMNITY. ANY CHANGES TO THE PRODUCT, UNINTENDED USE OR MISUSE, ABUSE OR IMPROPER HANDLING, OPERATION, USE WITH RADIOACTIVE MATERIALS OR STORAGE BY PURCHASER OR ITS' AGENTS, EMPLOYEES, REPRESENTATIVES OR THIRD PARTIES, SHALL MAKE THIS WARRANTY NULL AND VOID. PURPLE PEBBLE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE PURCHASER'S SOLE REMEDY SHALL BE AS SET FORTH IN THESE STANDARD TERMS AND CONDITIONS. PRODUCTS OR ACCESSORIES NOT OF PURPLE PEBBLE ANUFACTURE SHALL CARRY THE WARRANTY OF THE MANUFACTURER.

PAYMENT TERMS AND TAXES - Payment terms are net 30 days from date of invoice unless different terms are agreed to, in writing, by the parties. If Purple Pebble requires letters of credit, Purchaser shall make them unconditional and payable upon demand. Purple Pebble reserves the right to substitute materials and designs of equal or greater quality consistent with the application and conditions as set forth by the Purchaser. Payment terms shall be adjusted accordingly. Purchaser is responsible for all federal, state and local taxes including excise, sales, privilege, use or other taxes. Purchaser must provide exemption certificates at time of the Purchase Order. The Purchaser may not withhold payment on any order because of a Dispute regarding any one or more orders, Products or Services.

CANCELLATION PROVISIONS - Once placed in line for production, should the Purchaser desire to terminate the Purchase Order, Purchaser shall be responsible for all costs and expenses incurred by Purple Pebble in connection with the Purchase Order, including design costs, cost of raw materials, transportation, cost and expenses in connection with the pre-order sales effort or 25% of the purchase price, whichever is greater. Termination Provisions - Purchase Orders which are delayed beyond 180 days from receipt of the Purchase Order at no fault of the Purchaser or Purple Pebble may be terminated by either party; however, the "Cancellation Provisions" shall apply.

PATENTS - Purple Pebble shall indemnify and hold harmless Purchaser from any and all claims of infringement based upon the design of its Products. Purchaser shall indemnify and hold Purple Pebble harmless for any and all claims of infringement based upon any modification or use by the Purchaser of the Purple Pebble Products.

STANDARDS-STATE AND LOCAL - Purple Pebble will comply with the Fair Labor Standards Act, OSHA, and any federal, state and local law called out by the specifications or Request for Quotation submitted by the Purchaser to Purple Pebble. Purple Pebble will include the cost of compliance in the price of its Products. Any other federal, state or local laws, such as compliance with FDA regulations, not specifically called to the attention of Purple Pebble at the time of the Request for Quotation or Purchase Order, shall be the responsibility of the Purchaser.

DISPUTE RESOLUTION - The parties agree to attempt to settle each and every dispute, controversy or claim, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, arising out of or relating to this transaction and subsequent transactions of a similar nature, ("Disputes") through good faith negotiations. If, within 30 days of the Dispute, it cannot be settled through negotiations, each party agrees to submit the Dispute to Binding Arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), to be administered through the AAA's Somerset, New Jersey office. Hearings will take place at a mutually convenient location in New Jersey. If the Dispute is for amounts of $100,000 or more, it shall be heard before a panel of three Arbitrators. Each party shall bear its own expenses and share equally the filing and administrative fees of the AAA and the arbitrator (s). The arbitrator(s) shall not have the power to find punitive or liquidated damages unless expressly allowed in the transactional documents which constitute the agreement of the parties. Scope of pre-hearing discovery shall be limited as permitted by the arbitrator(s).

APPLICABLE LAW -The laws of the State of New Jersey shall apply. Any court action taken in connection with the forgoing shall be brought in the Superior Court of the State of New Jersey, except that, confirmation of an Award in Arbitration may be sought in any court of competent jurisdiction. The arbitrator shall have the power to rule on any other motions in connection with this Arbitration.

PRIVACY POLICY
We at Purple Pebble, L.L.C. ("Purple Pebble") respect your personal privacy and have adopted this Privacy Policy (the "Policy") as a statement of our commitment to fair practices relating to the collection and use of your personally identifiable information. We will not collect, use or disclose your confidential personally identifiable information in any manner inconsistent with our Policy. We do, however, reserve the right to amend and modify this Policy from time to time.

Purple Pebble does collect personally identifiable information ("PII") from certain of our website users, which may include your name, address, telephone number or email address. PII is electronically collected when our website users order our products, send us an inquiry or comment about our site or merchandise or participate in our survey. Unless you have specifically consented to its disclosure, we will keep your PII confidential and will use it solely for our internal purposes. Such internal purposes include, but may not be limited to, (i) the processing of credit card orders, (ii) communications relating to ordered merchandise, your ideas and input, or our products and services in general, (iii) the analysis of product purchases, and (iv) the evaluation of the survey responses to enable us to add to and improve our products and services. Without your specific consent, we will not sell, rent or disclose your collected PII to any third parties for commercial purposes.

With your consent, we may disclose your PII to certain third parties; provided that such disclosure shall be solely for the purpose of offering you information, products or services relating to pets and pet owners and their needs and interests. You will have the opportunity to grant us your consent to disclose your PII for these purposes when you purchase Purple Pebble merchandise.

If you have any questions or concerns about the Purple Pebble Privacy Policy, please either email us at: customerservice@purplepebble.com or call: 201.444.7439