Porter’s Pride Terms and Conditions of Sale
This Agreement contains the Terms and Conditions that apply to your (“Customer”) order/purchase from Porter’s Pride Corporation, a State of Washington Corporation. By ordering/purchasing products from Porter’s Pride, the Customer agrees to be bound by and accepts these Terms and Conditions.
1. Governing Law: This Agreement and any sales thereunder, including but not limited to, retail and wholesale orders/purchases via the porterspride.com website and by phone, shall be deemed to have been made in the State of Washington and shall be construed and interpreted according to the laws of the State of Washington and the applicable laws of the United States.
2. Payment Terms: Payment must be issued to Porter’s Pride in full prior to shipment of Customer’s order.
3. Shipping Terms: Customer must pay a separate fee for Shipping. The “Shipping” charge comprises both the cost of shipment and the associated costs.
4. Order Cancellation:
- If you cancel your order BEFORE it is shipped, you will be assessed no fees before your refund is issued. (***Please note that orders are processed immediately after being placed, and most ship same day.***)
- If you cancel your order AFTER it is shipped, please follow our Return Policy below. The cancellation will have to be treated as a Return.
- Orders which are REFUSED AT DELIVERY will be assessed applicable fees, including shipping cost (to the destination address and back to Porter’s Pride).
5. Order Return: If for any reason a product is not satisfactory, it may be returned for a full credit subject to the following stipulations:
All unopened products can be returned within 30 days of the shipping date. Please enclose a copy of the invoice. Return shipping is the responsibility of the customer. If the product is found to be defective, a shipping credit will be provided to Customer. Opened or partially used food products are not returnable unless a problem exists with the quality of the product. Since Porter’s Pride does not specifically formulate for taste, smell, consistency, color or other factors unrelated to healthful nutrition, these factors would not be considered a quality issue justifying credit for the return of opened or partially used products. Inspect all shipments upon arrival. If you discover damage, please notify the carrier. Be sure to save the damaged packages in their original condition until any claim is settled.
6. Changes: Porter’s Pride regularly improves its products. Porter’s Pride may alter and discontinue its products at any time without notice or limitation.
7. Limitation of Liability: Customer agrees that for any liability related to the purchase of Porter’s Pride products, Porter’s Pride is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the products.
8. Dispute Resolution: This agreement shall be governed by, interpreted by, and construed in accordance with the laws of the State of Washington. In the event of a dispute, Customer agrees to first enter into a good faith negotiation with Porter’s Pride. The good faith negotiation shall commence by each party communicating their position in writing regarding the complaint, claim, dispute, or controversy to the other party, and how the parties should resolve the dispute. The parties shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence a court action unless and not until the good faith negotiation fails. In the event that the good faith negotiation fails and a court action commences, it shall take place in the venue and under the exclusive jurisdiction of the applicable court(s) in nearest proximity to Redmond, Washington.
Porter’s Pride Terms and Conditions of Sale — Effective Date: 10/7/13