This agreement between the animal buyer (“buyer” or “customer”) and Rogue Reptiles, LLC (“Company”) governs any and all sales of Animals from the Company whether online, in person, or via telephone. The law of the Commonwealth of Pennsylvania shall govern any and all disputes arising under this contract. Any and all legal action must be vended in the Berks County, Pennsylvania Court of Common Pleas.
Payment of purchase price constitutes express acceptance of all terms herein contained.
Except as to purchase price, this agreement is deemed to be the final, complete, and exclusive expression of the agreement of the parties. Any modifications or variances to the terms of this agreement must be in writing and signed or otherwise adopted by the Company.
Rogue-Reptiles LLC, accepts Pay Pal, money orders and personal/bank checks. All checks must clear before the Animal will be shipped. Rogue-Reptiles LLC also has the ability to run credit cards over the phone via square on our smartphones, all fees associated with this form of payment will be payed by the buyer. Cash is only accepted for orders to be picked up in person, and animals purchased at reptile shows.
Large Pay Pal payments will be subject to an additional 3% Pay Pal handling fee to be added to the shipping quote.
All sales of live Animals are FINAL except as noted herein.
DISCLAIMER OF WARRANTIES
The Company and its Owner(s) hereby disclaim all warranties, express or implied, to the fullest extent of applicable state and/or federal law, except as noted herein. This includes but is not limited to the implied warranties of merchantability and fitness for particular purpose.
The Company makes no warranties as to temperament of any Animal it sells. As such, by tender of the purchase price, Buyer is deemed to have assumed the risk of any danger posed from actions, including but not limited to, bites, illness, scratches, or lacerations caused by the Animal.
The Company is not responsible compliance with state or local laws which may limit your ability to own the Animal.
LIMITATION OF REMEDIES
Except as otherwise provided herein, Customer expressly agrees that all remedies under this contract will be limited to a refund of the animal purchase price, less shipping.
EXPRESS WARRANTIES & CONDITIONS
The Company warrants that all Animals will arrive alive
1) when shipping date is agreed upon in advance
2) The weather is within the limits set by the company
3) when shipping method is selected by the company,
4) someone is present to immediately accept the animal upon arrival/ sign for it
as limited by this agreement. To that end, the Company expressly reserves the right delay or modify shipment terms for reasons including, but not limited to weather, acts of God, delays in common carriers, or other hazards.
The Company is not responsible for delays or refusal of delivery by common carriers.
When Live Arrival Cannot Be Guaranteed
When Customer elects to specify shipment method, or when the Company, in its sole discretion, deems the risk of shipment too great to guarantee live delivery, the Company may delay shipment until Buyer has committed to purchase without the live arrival express warranty or cancel the transaction out right.
The Company endeavors to sell only animals in the finest physical health possible. However, any health issues must be brought to the attention of the Company as soon as possible after arrival but in no event more than forty-eight (48) hours after arrival. Failure to notify within forty-eight hours will constitute acceptance of the animal and terminate the Buyer’s right to object based on illness or death.
The Company will gladly provide reasonable gratuitous husbandry and care advice, but makes no warranties whatsoever as to such advice and expressly disclaims responsibility for any actions taken in reliance on such advice.
Veterinary health certificates can be included with your shipment. Additional charges will apply and be the sole responsibility of the Buyer. Prepayment for such services may be required and/or non-refundable.
Animals Received Dead On Arrival (D.O.A.)
In the event Animal is received dead on arrival, it must be reported to the Company within 4 hours from receipt, reasonably photographed according to the Company’s instructions, and placed in a refrigerator. The Company may request the Animal be returned, by the same method as sent, for a necropsy. Buyer assumes costs of return shipment. If, after a Veterinary necropsy, the Company is found at fault, the Company will issue either a replacement Animal or credit towards a new Animal, at its sole discretion, as quantities permit.
DEPOSITS/ PAYMENT PLANS
Deposits will be accepted on Animals alive at the time of deposit. Deposits must be in the amount of 50% of list price, including shipping and handling. In the event that the Animal subject to the deposit dies prior to shipment, buyer’s remedies are limited to 1) application of the deposit towards any other animal offered by the Company for sale; or 2) refund of the deposit.
Customers wishing to pay for an Animal on an installment basis may do so in two equal installments, so long as the first equals or exceeds the deposit price noted above. Animals will not be shipped until the full purchase price has been received and cleared. Payment in full is due within ten (10) days for animals $100.00, or less and thirty (30) days for animals over $100.00, of receipt of the deposit. Accounts more than 10 days, or 30 days, in arrears will be forfeited unless otherwise expressly agreed by the Company. Upon receiving the last payment the Animal will be shipped to your address.
Currently, the Company ships in the continental U.S. using Federal Express (FEDEX) as a registered shipper. Overnight shipment costs are individually calculated, but are generally $50.00.
All Animals are shipped F.O.B. Reading, PA, except as modified herein.