- Introduction These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
- Intellectual Property Rights Other than content you own, which you may have opted to include on this Website, under these Terms, Kodiak Fresh Seafood and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
- Restrictions You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Kodiak Fresh Seafood may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
- No Warranties This Website is provided “as is,” with all faults, and Kodiak Fresh Seafood makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
- Limitation of liability In no event shall Kodiak Fresh Seafood, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Kodiak Fresh Seafood, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
- Indemnification You hereby indemnify to the fullest extent Kodiak Fresh Seafood from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
- Severability If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
- Variation of Terms Kodiak Fresh Seafood is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
- Assignment Kodiak Fresh Seafood shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- Entire Agreement These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Kodiak Fresh Seafood and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
- Governing Law & Jurisdiction These Terms will be governed by and construed in accordance with the laws of the State of Alaska, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Alaska for the resolution of any disputes.
Purchase Order Terms & Conditions
DEFINITIONS: Buyer means the Individual or Company as specified in the Purchase Order (as defined below). Purchase Order means an order for goods and/or services to be provided by the Supplier and the corresponding fees to be paid by the Buyer issued by Buyer subject to these terms and conditions.
Supplier means the company, Kodiak Fresh Seafood as specified in the Purchase Order.
Warranty Period means the period of one year from the later of either the Delivery Date or acceptance.
APPLICATION OF TERMS: Supplier agrees to deliver goods and/or perform the services as described in the Purchase Order and in accordance with the terms and conditions stated in this Purchase Order. Additional or different terms in the Supplier’s acknowledgement or any other Supplier documents are hereby rejected.
PRICES AND TAXES: All taxes to be paid by Buyer must be separately itemized on the invoice. Supplier warrants that the prices shown in the Purchase Order shall be complete and no additional charges shall be added without Buyer’s express written consent. Such additional charges include, but are not limited to, shipping, packaging, labeling, customs & duties, taxes, insurance, storage, boxing and crating. Buyer will pay will be the price in effect when the Seller accepted the Purchase Order from Buyer.
PAYMENT TERMS AND INVOICES: As full consideration for the delivery of goods and/or performance of the services and the assignment of rights to Buyer as provided herein, Buyer shall pay Supplier the amount specified in the applicable Purchase Order All invoices shall be issued in the currency as set out in the Purchase Order. The mode of payment shall be at Buyer’s sole discretion and all bank charges or back charges relating thereto shall be borne by Supplier.
REPRESENTATIONS AND WARRANTIES: Supplier hereby represents and warrants that (i) it is authorized to sell the goods and/or performance the services set out in the Purchase Order; (ii) all goods provided and/or services performed will comply with the descriptions and specifications as set out in the Purchase Order; (iii) all goods provided are of genuine and authentic manufacture, new and unused, and will throughout the Warranty Period of twelve months from time of purchase or receiving of goods, whichever to be later be free from defects in design, materials, workmanship and manufacture, be of satisfactory quality and fit for the purposes communicated by Buyer or if not communicated by the Buyer fit for the purposes as can be reasonably deemed; and (iv) all services will be performed in a workmanlike and professional manner by employees or subcontractors of Supplier having a level of skill commensurate with the requirements of the agreed upon scope of work. Such warranty does not cover overall normal wear and tear or inadequate use of product(s). Product must be returned or return of failed part for full credit of part or product in its entirety.
GOVERNING LAW AND JURISDICTION: The Purchase Order shall be governed by the laws of the country in which the goods are delivered to or the services are performed. Any dispute or cause of action which arises in connection with the Purchase Order shall be brought before a court of competent jurisdiction in the country in which the goods are delivered to or the services are performed.