Terms and Conditions for Live Tropical and Marine Fish Sales:
Scope of Agreement: These terms and conditions govern the sale and purchase of live tropical and marine fish (“Fish”) by Tropical Marine Aquatic (“Seller”) to the purchaser (“Buyer”). By purchasing Fish from Seller, Buyer agrees to be bound by these terms and conditions.
Product Description: Seller will provide live tropical and marine fish of the species and quantity specified in the order placed by Buyer. Fish will be healthy at the time of delivery.
Ordering Process: Buyer shall place orders for Fish through Seller’s designated channels, specifying the species, quantity, and any special requirements. Seller reserves the right to accept or reject any order in its sole discretion.
Payment: Buyer shall pay the agreed-upon price for the Fish, plus any applicable taxes and shipping fees, at the time of placing the order. Payment shall be made using the methods accepted by Seller.
Delivery: Delivery of Fish shall be made to the address specified by Buyer. Seller shall use reasonable efforts to ensure timely delivery. However, Seller shall not be liable for delays caused by factors beyond its control.
Acclimatization: Buyer acknowledges that live tropical and marine fish require proper acclimatization to their new environment. Seller recommends following acclimatization procedures provided by reputable sources or seeking professional advice.
Health Guarantee: Seller warrants that the Fish shall be healthy at the time of delivery. However, Seller makes no warranties, express or implied, regarding the long-term health or suitability of the Fish for Buyer’s specific tank conditions.
Inspection and Acceptance: Buyer shall inspect the Fish upon delivery and shall notify Seller promptly of any visible defects, injuries, or discrepancies. Buyer shall be deemed to have accepted the Fish unless it notifies Seller otherwise within 1 hours of delivery.
Live Arrival Guarantee: Seller offers a live arrival guarantee for Fish delivered by shipping carrier. In the event of any DOA (Dead on Arrival), Buyer must provide clear photographic evidence within 24 hours of delivery to be eligible for a refund or replacement, at Seller’s discretion.
Limitation of Liability: In no event shall Seller be liable to Buyer for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to the sale or use of the Fish, including but not limited to losses of other aquatic life, equipment, or property.
Indemnification: Buyer agrees to indemnify, defend, and hold harmless Seller from and against any and all claims, damages, losses, liabilities, and expenses arising out of or relating to Buyer’s purchase or use of the Fish.
Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of laws principles.
Amendment and Waiver: These terms and conditions may be amended or waived only in a writing signed by both parties. The failure of either party to enforce any provision of these terms and conditions shall not constitute a waiver of such provision or any other provision.
Severability: If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement: These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
By purchasing live tropical and marine fish from Seller, Buyer acknowledges that it has read, understood, and agrees to be bound by these terms and conditions.