Terms & Conditions

Paul Blatt Enterprises Incorporated is a family owed business. The late Paul Blatt and his wife Nancy have put together a company that represents "The Highest Quality", a theme for their business.

Paul Blatt Enterprises, Inc., a California corporation ("PBE") agrees to sell the goods ("Goods") identified on the purchase order attached hereto to the purchaser ("Purchaser") on the terms and conditions stated below. PBE's acceptance of Purchaser's purchase order is expressly conditioned upon Purchaser's assent to the terms and conditions which follow. Purchaser does, by executing the attached purchase order and/or accepting delivery of such Goods, hereby accept the Goods on the following terms and conditions:

  1. Price Changes. All prices are net of any applicable taxes and delivery costs both of which shall be paid by Purchaser. All prices and are subject to change (for example, due to increased transportation and material costs or a manufacturer price increase) without advanced notice, prior to delivery of the Goods.
  2. Taxes. In the absence of proper exemption certificates forwarded to PBE in advance of the purchase of the Goods, Purchaser agrees it shall pay all applicable taxes (excise, sales, use, or otherwise) or all charges imposed by federal, state or local authorities upon production, sale and or shipment of the Goods, now in effect or hereafter becoming effective prior to the delivery of the Goods to purchaser.
  3. Payment. Payment, net of the deposit specified on the purchase order, shall be due in full upon delivery of the Goods to Purchaser, and shall be deemed late if not received within fifteen (15) days of the date of delivery. Purchaser shall pay a service charge of the lesser of one percent (1%) per month or the maximum rate permitted by applicable law, of the payment balance outstanding after such fifteen (15) day period expires. If Purchaser requests that PBE delay the originally scheduled delivery of the Goods, payment shall be due as if delivered on this originally scheduled delivery date. Purchaser shall pay reasonable storage charges if the Goods are held by PBE for more than thirty (30) due to Purchaser's request for delayed delivery.
  4. Cancellations. The sale of the Goods to Purchaser shall be deemed final upon Purchaser's submission of an executed purchase order to PBE. If Purchaser desires to cancel it's order, or any portion thereof, it may do so in writing, provided such written cancellation is received by PBE before the Goods have left PBE's warehouse facility for delivery to Purchaser. Purchaser shall pay a re-stocking fee in the amount of fifteen percent (15%) of the price of the Goods which are cancelled from Purchaser's purchase order, plus any incidental costs or fees incurred by PBE (together the "Fee"). PBE shall credit the Fee against Purchaser's deposit and any outstanding balance thereafter of the Fee shall be immediately due and payable upon PBE's receipt of Purchaser's written cancellation notice. In the event the Goods are special ordered from the manufacturer, PBE may increase the Fee to the price of the Goods, in PBE's sole and absolute discretion (in which case payment shall be due in full pursuant to these terms and conditions).
  5. Freight. All prices are F.O.B. Purchaser's specified delivery point. Routing and means of transportation will be "Best Way" (transportation carrier may be arranged by PBE). If Purchaser delays the scheduled delivery date of the Goods, as provided for herein, Purchaser shall assume all risk of loss while the Goods are held for late delivery and are in the possession of PBE.
  6. Estimated Delivery Dates. Purchaser will be provided with a written scheduled delivery date upon submission of its executed purchase order. PBE shall not be liable, nor will Purchaser be excused from payment, in any respect for failure or any delay in the delivery of the Goods by such date, if hindered or prevented, directly or indirectly, by war; conditions of wars, acts of enemies; national emergency; sabotage, revolution or other disorders; inadequate transportation facilities; inability to secure raw materials or supplies, fuel, or power; fire, flood, windstorm, earthquakes or other acts of God; strikes, lockouts, or other labor disputes; orders or acts of any government or governmental agency or authority; interference by Civil or military authority; or any cause of like or different kind beyond the reasonable control of PBE.
  7. Warranty. Purchaser acknowledges that PBE is merely a distributor for the Goods, and the Goods are manufactured by a third party. The Goods carry only any warranty such manufacturer thereof has made to PBE and which by its terms specifically extends or is assignable to Purchaser. PBE shall provide Purchaser, upon written request, a copy of any such manufacture's warranty. PBE IS PROVIDING THE GOODS TO CUSTOMER IN THEIR "AS-IS" CONDITION WITH "ALL FAULTS" AND PBE MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER WITH RESPECT TO THE GOODS, AND WITHOUT LIMITATION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  8. Limitation of Liability. IN NO EVENT SHALL PBE BE LIABLE TO CUSTOMER FOR LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FROM THE GOODS OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, OR USE, INCURRED BY CUSTOMER, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Purchaser's sole and exclusive remedy against PBE for breach of contract, negligence, strict liability, or otherwise, shall in no event exceed the amounts received by PBE with respect to the particular transaction which gives rise to the liability. PBE shall not be liable for any damage done to the Goods from any misapplications of the Goods, or for damage due to shipping, accidents, abuse, negligence, or acts of God. In no event shall PBE be liable for loss, damage or expense directly or indirectly arising from the use of the Goods, or from any other cause, except as expressly stated in these Terms and Conditions.
  9. Repair and Replace. In the case that a defect in the Goods may be covered under the manufacturer's warranty of the Goods, Purchaser must pursue its warranty claims, including any claims for return or repair, directly with the manufacturer. PBE will not accept any return, nor shall it bear any responsibility to replace the Goods if deemed defective by Purchaser, notwithstanding the fact that such defect may give rise to a claim under the manufacturer's warranty.
  10. Substitution. PBE reserves the right to substitute goods it deems comparable due to unavailability or unexpected delays in receipt of the Goods from PBE's suppliers.
  11. Entire Agreement; Modification. There are no understandings, agreements, representations, or warranties, whether written or oral, relating to the Goods, including statements made in or conduct implied from past dealings, which are not fully expressed herein. These terms and conditions may not be modified without the prior written consent of PBE.
  12. Fees and Costs. In the event PBE incurs attorney fees or other collection costs to recover any payment due relating to the Goods, or otherwise enforce these terms and conditions, whether or not litigation is instituted by PBE, Purchaser shall reimburse PBE for all such fees and costs.
  13. Indemnity. Purchaser agrees to save and hold PBE harmless of and from any and all claims or liability arising from or in connection with Purchaser's use of the Goods, including attorney's fees and costs of defense, after delivery of the Goods to Purchaser by PBE.
  14. Jurisdiction and Venue. This Agreement shall be governed by and construed under the laws of the State of California as applied to agreements among California residents entered into and to be performed entirely within California. The parties consent to the exclusive jurisdiction and venue of the County of Sonoma in the State of California.
  15. Disputes. Any and all disputes arising between the parties in connection with the Goods shall be resolved in the following order: 1) By good faith, negotiations between an executive representative of PBE and Purchaser who have authority to fully and finally resolve the dispute; 2) If necessary, by binding arbitration in Sonoma County, California. The arbitration will comply with, and be governed by, the provisions of the California Arbitration Act, Sections 1280 through 1294.2, of the California code of Civil Procedure.
  16. Validity. If any provision of this Agreement shall be held to be invalid, or unenforceable, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement.
  17. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these terms and conditions. Every covenant, term, and provision of these terms and conditions shall be construed simply according to its fair meaning and not strictly for or against any party.

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