- PAYMENT TERMS: The terms of payment are as printed on the invoice. If payment is not made when due, a late payment charge on the past due balance will be assessed monthly at a rate of one percent (1%) (twelve percent (12%) per annum) or the maximum rate allowed by law.
- CREDIT AVAILABILITY: Completion of the Agreement by Customer in no way obligates United Animal Health to extend credit to Customer. If, however, credit is extended and Customer fails to make payment as agreed, or if United Animal Health, in its sole discretion, has any doubt at any time as to Customer’s financial standing, United Animal Health may refuse to make further deliveries to Customer, and/or may requiem receipt of cash or satisfactory security before releasing any shipment.
- WARRANTY: Unless United Animal Health furnishes a separate warranty to customer, United Animal Health makes no express or implied warranty and expressly disclaims any implied warranty of merchantability or fitness for a particular purpose.
- LIMITED LIABILITY: United Animal Health’s liability for any loss or damage arising out of or in connection with resulting from this Agreement or from the performance or breach thereof shall in no case exceed the price of the particular goods, or unit thereof, giving rise to the claim. United Animal Health shall not be liable for any penalties, incidental or consequential damages.
- DEFAULT: If Customer’s account is placed with an attorney for collection, Customer agrees to pay all late charges, reasonable attorney’s fees and all costs and expenses of collection, to the extent permitted by law. In the event of any default, the Customer hereby agrees that United Animal Health may provide notice of such default to any landlord or owner of the real property upon which the Customer carries out its operation.
- RISK OF LOSS: United Animal Health shall not be held responsible or liable for any loss, detention, or delay caused by fire, strike, flood, infestation, riot, or other cause which is unavoidable or beyond United Animal Health’s reasonable control. Customer hereby assumes all risk of loss or damage upon United Animal Health’s delivery of the goods to a carrier, if any, or to Customer.
- JURY WAIVER: Customer hereby waives the right to trial by jury of any matters arising out of this agreement or the transactions contemplated hereby.
- SEVERABILITY: If any terms and conditions contained herein are determined by a court of competent jurisdiction to be in conflict with applicable law, that term and condition shall be considered changed or omitted to conform with said law and all other terms and conditions remain in full force and effect.
- ENFORCEMENT: Failure of United Animal Health to require strict performance of any term or condition herein, or to exercise any right or remedy shall not be deemed a waiver of any right or remedy or of any existing or subsequent breach or default, the election by United Animal Health of any particular right or remedy shall not be deemed exclusive of any other, and all rights and remedies of United Animal Health shall be cumulative.
- CHOICE OF LAW: The parties hereby agree that this Agreement shall be governed by the internal laws of the State of Indiana, including without limitation, its conflicts laws.
