Public Commission Agreement
1.1. This document, posted at https://plecoceramics.com/pages/public-offer-agreement, constitutes a public offer (offer) from PLECOCERAMICS FISH LLC, located at 5859 Monocacy Dr., Bethlehem PA 18017 USA, hereinafter referred to as "Agent," to an unlimited number of persons to enter into this Public Commission Agreement, hereinafter referred to as "Agreement."
1.2. By paying the invoice for the supply of Goods issued by the Agent, the Buyer automatically accepts all the terms specified in this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with the Agreement, the Agent undertakes to purchase and deliver the ordered "Goods" on behalf of and at the expense of the Buyer (hereafter these actions are referred to as "Services"), and the Buyer undertakes to fully and timely pay for and accept the Services ordered from the Agent.
2.2. The Agent is not the seller of the Goods.
2.3. The provision of Services under the Agreement does not require the Buyer to grant any power of attorney to the Agent. The conclusion of the Agreement is sufficient confirmation of the Buyer's authorization for the Agent to purchase and deliver Goods on behalf of and at the expense of the Buyer.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Agent, in accordance with this Agreement, undertakes to:
3.1.1. Ensure the delivery of the Goods under the terms agreed with the Buyer.
3.1.2. Make payment for the Goods to a third party (the "Seller") after receiving the funds from the Buyer.
3.2. The Buyer, in accordance with this Agreement, is obliged to fulfill the following obligations:
3.2.1. Pay for the Goods and the Agent's Services within the time frame, currency, and method specified in the invoice.
3.2.2. Accept responsibility (risks) for the Goods at the moment the Buyer pays the invoice.
3.2.3. Carry out the customs clearance of the Goods and pay all necessary taxes, fees, and other charges.
3.3. After the invoice is paid, the Buyer has no right to unilaterally change the list of Goods that they have commissioned the Agent to purchase and deliver. Such changes are possible only by mutual agreement of the parties.
3.4. The Agent has the right at any time to unilaterally make changes to the invoice to correct errors or inaccuracies. In this case, the Agent issues a corrected invoice to the Buyer, taking into account the necessary adjustments.
4. PAYMENT FOR SERVICES AND EXPENSE COMPENSATION
4.1. The cost of Services, which is specified in a unified invoice, includes the cost of the Goods and the cost of the Agent's services.
4.2. The cost of the Agent's services is the difference between the actual cost of the Goods at the Seller's price and the total cost of Services indicated in the unified invoice.
4.3. Detailed payment terms for the cost of Services are specified in the invoice and are mandatory for execution.
5. PARTIES' WARRANTIES
5.1. The Agent guarantees the purchase from the Seller for the Buyer of exactly the list and volume of Goods selected by the latter and indicated in the invoice.
5.2. In the event that circumstances arise in which the Agent could not deliver the Goods to the Buyer in the ordered volume and/or assortment, the Agent undertakes to inform the Buyer within three days and offer him the choice of:
5.2.1. The return of all funds paid under the Agreement to the Buyer's account within 14 (fourteen) banking days. After the return of funds to the Buyer, the Agent is considered to have fulfilled all obligations to the Buyer under the Agreement.
5.2.2. The change of the assortment of the Goods and the partial return to the Buyer of the funds paid by him within 14 (fourteen) banking days. The amount subject to return is the sum that formed due to the change in the assortment of Goods.
5.2.3. The crediting of funds paid by the Buyer to the Agent's balance with the possibility of spending them for future deliveries of Goods.
5.3. In the event the Buyer discovers that the delivered Goods, including but not limited to aquarium fish, do not conform to the terms of the contract (for example, dead or significantly damaged), the Buyer must:
5.3.1. Notify the Agent within 24 (twenty-four) hours and provide photo and video proof of the fish's death or damage to the Agent's official email, with all dead or damaged fish in one container.
5.3.2. Fill out and send within 72 (seventy-two) hours to the Agent's official email a "credit notification" form provided by the Agent, with a request for a refund. The refund is carried out within 14 (fourteen) banking days from the moment the Agent receives the properly completed notification.
6. LIABILITY EXEMPTION
6.1 The Agent shall not be held responsible for the failure or delay in performing any of its obligations under this agreement, caused by the actions or omissions of the Buyer, including but not limited to: non-compliance by the Buyer with the legislation of their own country, the provision of incorrect information to the Agent, refusal or inability to obtain the necessary permits or licenses, or other circumstances that are external to the Agent and cannot be anticipated or prevented.
7. TERM OF THE AGREEMENT
7.1. The Agreement enters into force from the moment the Agent issues the invoice and is valid until the complete fulfillment of obligations by the Parties under this Agreement.
8. DISPUTE RESOLUTION
8.1. All disputes and disagreements arising under this Agreement shall be resolved through negotiations between the Parties.
8.2. If an agreement cannot be reached through direct negotiations, the parties agree to appoint a mediator in the state of Pennsylvania (USA) and share the expenses equally.
8.3. If disputes cannot be resolved with the help of a mediator, they are to be settled in court in accordance with the laws of the United States in the state of Pennsylvania.
9. CONTACT INFORMATION
9.1. Official correspondence should be conducted via email at firstname.lastname@example.org.
9.2. The Agent's phone number is +1 (610) 885-8641.