terms

Subject to these terms and conditions, Otolith LLP (“We”, “Us”, or “Our”) will buy, sell, pack and/or deliver seafood for you the customer (“You” or “Your”).  The delivery carrier for Your seafood sold by Us will be Otolith Sustainable Seafood (Us) or a third party carrier (UPS or Fed Ex).  You represent Your true name and correct delivery and/or billing address for Your purchase order.  Otolith LLP is an independently owned and operated business and solely responsible for all aspects of our operations.  We are the exclusive employer of all employees of our business.  You acknowledge and agree that a purchase order, oral or written, constitutes an agreement between You and Otolith LLP, where as You the customer agrees to purchase a specified quantity of select superior seafood including any incurred shipping and handling costs as defined by the terms described by Otolith LLP located on our website page Ordering and Delivery located http://www.otolithonline.com/posts/ordering-seafood/

 

Purchase order terms and conditions, oral or written, not analogous to the defined terms described by Otolith LLP located on our website page Ordering and Delivery are not protected by Otolith’s Service Guarantee.

 

Wholesale Purchase Order Terms in writing only and signed by an authorized representative of Otolith LLP supersede all prior, subsequent and contemporaneous agreements, understandings, and representations, written or oral, relating to the subject matter hereof. Otolith LLP Wholesale Purchase Order Terms may contain a MANDATORY BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, which apply to any controversy or claim, whether at law or equity, arising out of or relating to provision of services by Otolith LLP, regardless of the date of accrual of such dispute, except for claims that may be filed in courts of limited jurisdiction such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdictions over civil disputes.

 

The highest priority of Otolith LLP is the quality of the seafood we distribute and which carries the brand name of Otolith Sustainable Seafood.

 

We are Your agent for buying, selling, packing and/or delivery of Otolith Sustainable Seafood to you.  You agree that We will be deemed the “Sender” of Your seafood on Your behalf should you purchase third party delivery carrier services for delivery transportation via UPS or Fed Ex.

 

Any statement by Us regarding a date for delivery is considered an agreement of the purchase order between You and Us.  Any breech of the purchase order agreement by You may incur additional costs to You.  Any breech of the purchase order agreement by Us may qualify You to receive a full refund in the form of a credit with Otolith LLP providing You have met the terms and conditions set forth herein, Otolith Terms.

 

Any statement by Us regarding a time of delivery is only an estimate and is not warranted in any manner. We are not liable for any consequential, indirect, special, incidental, or punitive damages, or any loss or damage resulting in delays in shipping or delivery.  Our responsibility for damage to product(s) caused by improper packing, handling, or delivery by Us is limited to any purchase price value or other program that We may offer and for which you have paid any charge.

 

Otolith Product Guarantee: Otolith LLP guarantees that our seafood product(s) meet the highest standards of quality and our seafood is always wild, domestic, blast-frozen, sushi-grade, additive-free, and sourced from harvesters of a renewable seafood resource. Upon receipt, Your delivery must be inspected by You the customer or an assigned agent of Your choosing.  Otolith Product Refund Requests must be filed within one week of receipt.

 

Otolith Service Guarantee:   Otolith LLP guarantees that all seafood distributed by Otolith LLP as either the carrier agent for the delivery or the shipping agent in cooperation with another carrier shall be received frozen.  Upon receipt, Your delivery must be inspected by You the customer or an assigned agent of Your choosing.  Otolith Service Refund Requests must be filed within one hour of receipt.

 

Limitations of Liability and exceptions:

A. Our liability for loss or damage to your seafood is strictly limited to the amount you paid for the seafood product.  Liability for loss is limited to Your actual price paid for the seafood product sold to You by Otolith LLP.  Otolith LLP is not liable for damages and loss to Your product resulting from improper handling and/or transportation negligence of Your product by a third part delivery carrier (UPS or Fed Ex).

 

B. Our liability for product quality is strictly limited to our fulfillment of these assured characteristics of seafood product quality:

  1. Blast-Frozen, wild, domestic seafood
  2. Additive-free single ingredient product excepting for canned sockeye salmon containing salt and IQF shellfish [shrimp, prawns and crab] of which the glaze used for Individually Quick Freezing may contain salt and/or sugar.
  3. Sushi-grade seafood may be eaten raw provided it has remained frozen until ready to use and has been thawed using Otolith’s Quick Thaw method for preparing seafood for raw consumption or raw seafood service using alternative cooking techniques such as cevice, pickling, cold smoking, and/or salt brining as when making lox.

 

C. Our liability for service is strictly limited to our fulfillment of these actions:

  1. Otolith LLP delivers frozen seafood directly to our customers.  Otolith’s distribution methods include the use of insulated storage boxes and insulated packaging.  Food grade non-toxic gel packs and gel-bricks are used to maintain storage temperatures of our products while enroute for delivery.
  2. Packages delivered to a third party distribution carrier for delivery to Otolith’s customer will be packaged and stored to maintain Otolith’s seafood product quality for up to 48 hours.
  3. Packages delivered by a third party carrier must be shipped for next day delivery and receipt.  Packages shipped otherwise must be authorized by the customer You) and the customer (You) waives their (Your) right(s) pertaining to Otolith’s Service Guarantee. Additional charges for third party carrier shipment(s) will apply.
  4. Packages delivered by a third party carrier must be shipped without a signature requirement.  Packaged shipped otherwise must be authorized by the customer (You) and the customer (You) waives  their (Your) right(s) pertaining to Otolith’s Service Guarantee. Additional charges for signature requirement upon delivery may apply.

 

D. All claims for loss or damage must be supported by documentation

1.  Written explanation of refund request

2.   For all damage claims, the original packing material must be made available for inspection prior to reshipment.  Picture of the damaged, contaminated or otherwise incorrect product delivered is acceptable.

3.   Date and Arrangement for returning unused returned product to Otolith LLC. UPS paid delivery return shipping labels or free pick up by Otolith LLP available upon request.

 

F.   Acceptable reasons for requesting a Guaranteed Product Refund (GPR) include:

1.   not wild

2.   not blast-frozen

3.   not safe to eat raw; not sushi-grade

4.   not harvested in the USA or within Exclusive Economic Zones (EEZ) of the USA coastal areas

E.   Acceptable reasons for requesting a Guaranteed Service Refund (GSR) include:

  1. damaged product – unsafe to consume
    1. thawed and unfrozen product
    2. defective or contaminated product
  2. wrong product delivered

 

 

F.   Limitations for requesting a refund include:

  1. Refunds will be issued in the form of product credit only
  2. Refunds will be issued at the discretion of Otolith LLP Account Manger upon the conclusion of an investigation following the submission of a GPR and/or GSR and claim for loss.
  3. Credit issued may take up to two weeks to receive once the claim has been submitted and the request for a refund approved.
  4. Claims submissions may take up to two weeks to review.
  5. Claim Form must be completed and signed by You in order for any purchase to be considered for a refund
  6. Claims must be submitted to Us within the required time frames as set forth Otolith Product Guarantee and Otolith Service Guarantee statements.

 

In the event that our products arrive less than the condition and quality that is guaranteed by Otolith LLP unsatisfied customers may file an Otolith Guaranteed Product and/or Service Refund Request.

 

Filing an Otolith Guaranteed Product Refund (GPR) request  If Otolith is the distributor (“Delivery Carrier”) of Your delivered product(s), if You believe any product(s) is eligible for a refund under the Otolith Product Guarantee as set forth in the Otolith Terms, You must contact Us within 1 week of the receipt of your delivery.  If You do not contact us within the prescribed time frame, any claim to a refund under the Otolith Product Guarantee is waived and will not be paid.

 

If your Otolith Sustainable Seafood was transported by a third party Delivery Carrier (UPS or Fed Ex) and delivery was arranged by Otolith LLP, if You believe any product(s) is eligible for a refund under the Otolith Product Guarantee as set forth in the Otolith Terms, You must contact Us within 1 week of the receipt of your delivery.  If you refuse receipt of your product delivery or you do not contact us within the prescribed time frame, any claim to a refund under the Otolith Product Guarantee is waived and will not be paid.

 

Filing an Otolith Guaranteed Service Refund (GSR) request  If Otolith is the distributor (“Delivery Carrier”) of Your delivered product(s), if You believe any product(s) is eligible for a refund under the Otolith Service Guarantee as set forth in the Otolith Terms, You must contact Us within 1 hour of the receipt of your delivery.  If You do not contact us within the prescribed time frame, any claim to a refund under the Otolith Service Guarantee is waived and will not be paid.

 

If your Otolith Sustainable Seafood was transported by a third party Delivery Carrier (UPS or Fed Ex) and delivery was arranged by Otolith LLP, if You believe any product(s) is eligible for a refund under the Otolith Service Guarantee as set forth in the Otolith Terms, You must contact Us within 1 hour of the receipt of your delivery.  If you refuse receipt of your product delivery or you do not contact us within the prescribed time frame, any claim to a refund under the Otolith Service Guarantee is waived and will not be paid.  If Your Guaranteed Service Refund (GSR) request is approved by Otolith LLP then an additional claim will be filed with the third party Delivery Carrier who may also be liable for cost incurred by You as a result of Your loss up to the value of Your purchased product and Your total cost for delivery.  Any adjustments to charges or refunds of declared value received from a third party Delivery Carrier will be returned to You regardless of the status of Your GSR between You and Otolith LLP. By filing a GSR You authorize Otolith LLP to provide Your name and delivery address to the third party Delivery Carrier to be used by them to process a claim request by Us on Your behalf. All Delivery Carrier Terms and Conditions will apply to any claim filed with Delivery Carrier.

Delivery Carrier Terms and Conditions may be found at

https://www.ups.com/assets/resources/media/terms_service_us.pdf

http://images.fedex.com/us/services/pdf/Service_Guide_2017.pdf