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Conditions of Use

The following are the terms and conditions of sale ("Terms and Conditions of Sale") for the sale of products ("Products") by Cujos Wholesale("Cujos Wholesale") to Cujos Wholesale Customers ("Customers").

This Terms and Conditions of Sale is intended to supplement the Web site Terms of Use. Cujos Wholesale takes the issue of privacy on the Internet very seriously.

Acceptance and Cancellation of Orders

All orders are subject to acceptance by Cujos Wholesale or a duly authorized agent of Cujos Wholesale’ Orders accepted by Cujos Wholesale may be cancelled by Customer upon written consent of Cujos Wholesale’ In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which Cujos Wholesale may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by Cujos Wholesale, and shall be paid by Customer to Cujos Wholesale. Special Orders, (Pre-Orders, Future Delivery, Advance Orders) is subject to a $20.00 cancelation and re-stocking fee. Customer requests to reschedule are subject to acceptance by Cujos Wholesale in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by Cujos Wholesale to the shipment carrier. Cujos Wholesale reserves the right to allocate sales and limit quantities of selected Products among its Customers in its sole discretion.

In the event a Pre-Order program is cancelled by Cujos Wholesale, or the manufacturer, the Customer will not be charged a cancellation fee and all funds returned to the customer by method of payment.

Product specifications and availability are subject to change without prior notice.

Returns

  • Refund exceptions made to this policy are for store credit only. All other refunds are issued to the original method of payment.
  • Customer must notify Cujos Wholesale within 5 days from date of shipment of any defective product Returns are normally accepted when completed within 5 days of the ship date. If Cujos Wholesale agrees to accept a return, return shipping charges must be prepaid by Customer.
  • Cujos Wholesale will not accept COD shipments.
  • Some products may require return directly to the manufacturer. Contact a sales representative for addressing instructions prior to returning product.
  • All products returned must be in new, pristine, undamaged condition, and able to be resold as new.
  • No products will be accepted that have been worn, washed, installed or damaged in any way.
  • Product should be free of extreme odors such as cigarette smoke.
  • All products must be received in its original package.

Counterfeit Product Prevention Clause

Only products originally shipped from Cujos Wholesale or from a supplier at Cujos Wholesale direction (drop-ship) will be returned to Cujos Wholesale’ . All others will be promptly quarantined and disposed of or returned to the Customer. By a Customer returning products to Cujos Wholesale, the Customer certifies that the products were purchased from Cujos Wholesale and there has been no substitution in whole or part of same product from another supplier, distributor or other such source of the product. The return should be in the original packaging (manufacturer or Cujos Wholesale), in unused condition (except defective).

Prices

The catalog reflects the latest pricing information available at the time of listing. Prices shown on the site are subject to change without notice. Prices are subject to increase in the event of an increase in Cujos Wholesale costs or other circumstances beyond Cujos Wholesale reasonable control. Cujos Wholesale may, occasionally, offer its Customers a reduced price based on quantity ordered. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees.

Price Matching

Cujos Wholesalewill match any verifiable, regularly priced, in-stock product obtained from legitimate business Web sites. You may contact us with your inquiries regarding prices found on other sites by sending E-Mail to cujosinc@wi.rr.com  Please include the price of the product and the Website address. Also, include your E-Mail address, daytime phone number, best time to contact you and time zone. A representative from Cujos Wholesale will contact you by E-Mail or telephone within 48 hours. Cujos Wholesale reserves the right to refuse or cancel any pre-approved or not yet approved price match or matching. Cujos Wholesaleswill not match the price of products sold on EBay or any auction based Web site(s).

Terms of Payment

All payments must be made in U.S. currency.

Credit Cards

Credit cards accepted include major credit cards, purchase cards, and major bank debit cards including MasterCard, VISA and Discover. Credit Card billing information must be verified on new Customers prior to shipment of order.

Certified Bank Check or Money Order

Cujos Wholesale accepts Certified Bank Checks and Money Orders to U.S. residents only. Please allow 7-15 business days, for funds to become available. Cujos Wholesale will not ship any product(s) before funds become available.

Sales Tax

United States Shipments

When required by law Cujos Wholesale will collect Federal, State and/or Local sale, use, excise, and other taxes that apply to a Customer's shipment. These taxes are in addition to the purchase price of the Products subject to an order. Customer will remit the correct tax unless Customer is tax exempt and Cujos Wholesale has a valid signed tax exemption certificate on file. Currently, a sales tax of 6.25% will be collected at the time of sale for Wisconsin residents.

INTERNATIONAL Shipments

All applicable VAT, PST, HST, and/or GST charges along with brokerage fees will be the responsibility of the Customer and due at the time of delivery.

Delivery And Title

All shipments by Cujos Wholesale’ are F.O.B. point of shipment from Cujos Wholesale facility and the amount of all transportation charges will be paid to Cujos Wholesale by the Customer in addition to the purchase price of the Products. Subject to Cujos Wholesale right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Cujos Wholesale will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Cujos Wholesale are estimates only and that Cujos Wholesale will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Cujos Wholesale unless specifically designated by Customer. Cujos Wholesale reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.

Cujos Wholesale ’Limited Warranty

Cujos Wholesale agrees to transfer to Customer whatever transferable warranties Cujos Wholesale receives from the manufacturer of Products sold to Customer. Cujos Wholesale makes no other warranty, express or implied, with respect to the Products.

IN PARTICULAR, CUJOS WHOLESALE MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT.

Cujos Wholesale liability arising out of any sale of products to Customer is expressly limited to either

  • Refund of the purchase price paid by Customer for such Products (without interest); or
  • Repair and/or replacement of such Products, at Cujos Wholesale election, with such remedies exclusive and in lieu of all others.
  • Customer must notify Cujos Wholesale within 30 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and Cujos Wholesale remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, neglect, accident, modification, or has been altered in any way.

Product Country of Origin

Cujos Wholesale maintains Country of Origin information on all products in its inventory. This information is provided to Customers on product labels and product shipping documents. This information is based on manufacturer-provided information according to US Treasury, US Customs Regulations. Our manufacturers do not provide Cujos Wholesale with the country of origin of each raw material or subcomponent that is incorporated into the Manufacturer's final product.

Limitation of Liabilities

IN NO EVENT SHALL CUJOS WHOLESALEBE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Cujos Wholesale for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD CUJOS WHOLESALE HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY CUJOS WHOLESALE’.

Special Order referred to as Pre-Order, Future Delivery, Advance Delivery.

From time to time, Cujos Wholesale will notify the Customer or make available on the site a Pre-Order. A Pre-Order is a product that is not yet in stock but is able to be purchased by the Customer for delivery in the future.
Cujos Wholesale is allocated a certain quantity of Pre-Order products. When Cujos Wholesale reaches its allocation number the Pre-Order become unavailable to other Customers. For that reason we urge the Customer to be certain you want to purchase a Pre-Order. The Customer understands that Pre-Order products are obtained by Cujos Wholesale from the manufacturer specifically for its Customers. Irrespective of circumstances, the Customer agrees that Pre-Order products may not be cancelled, returned or rescheduled by the Customer without the agreement of the written consent of Cujos Wholesale.

If, under extreme circumstances, it becomes necessary for the customer to cancel or return Pre-Ordered merchandise. The customer agrees that a $20.00 restocking and cancellation fee will incure.

In the event a Pre-Order program is cancelled by Cujos Wholesale, or the manufacturer, the Customer will not be charged a cancellation fee and all funds returned to the customer by method of payment.

Intellectual Property

If an order includes software, DVD’s, CD’s or other intellectual property, such software, DVD’s, CD’s or other intellectual property is provided by Cujos Wholesale to Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software, DVD’s, CD’s or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software, DVD’s, CD’s or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Unopened software may be returned for credit. Opened software may not be returned unless defective.

Force Majeure

Cujos Wholesale will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Cujos Wholesale time for delivery or performance will be extended by the period of such delay or Cujos Wholesale may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.

Waiver and Limitation of Liability

CUJOS WHOLESALE HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT CUJOS WHOLESALEWILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE.


FOLLOW ALL INSTRUCTIONS AND HEED ALL WARNINGS ACCOMPANYING ANY PRODUCTS ASSOCIATED WITH THE SITE. SOME PRODUCTS, INCLUDING BUT NOT LIMITED TO THOSE WITH SMALL PIECES, MAY NOT BE SUITABLE FOR CHILDREN AND SHOULD BE KEPT OUT OF THE REACH OF CHILDREN.


YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST CUJOS WHOLESALE ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS CUJOS WHOLESALE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.

Governing Law and Venue

This Agreement, the entire relationship between you and Cujos Wholesale, and any litigation or other legal proceeding between you and Cujos Wholesale(whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Wisconsin, giving effect to its choice of law rules. This contract is fully performable in Waukesha County, Massachusetts.

Mailing Address, E-Mail Address and Phone Number

 Cujos Wholesale
131 East Park Ave.
Unit 1
Waukesha, WI. 53186
(262) 225-1812
cujosinc@wi.rr.com

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