Effective Date: October 15, 2026 Version: 1.0 Applies to: All Manufacturers whose Products are or have been offered through the Platform.
Article 1: Introduction and Scope
1.1 This document governs a Manufacturer's duties when a Product the Manufacturer made is recalled, or a recall of such a Product is decided or ordered: notice to the Company within twenty-four (24) hours, full cooperation with the Company's buyer-notification and listing-suppression measures, provision of the remedy, and bearing of the remedy's cost. A recalled pet product is a safety event, and speed limits the exposure of animals and Buyers. The duties in this document are stated and timed accordingly.
1.2 The platform recall rule, including the rights of a Buyer affected by a recall, is governed by the Product Recall Policy. A Seller's duties on a recall, including the duty to quarantine affected inventory, are governed by the Product Recall Policy (Sellers) (Product Recall Policy (Sellers)). This document is the manufacturer-side instrument: it states the duties of the party that made the Product. The Company conveys notices, suppresses listings, and administers the measures the Product Recall Policy states; the Company does not assume the Manufacturer's duties by doing so, and no act of the Company under that document transfers the Manufacturer's responsibility for the Product, the remedy, or its cost.
1.3 The regulatory status of a recalled Product, and the Manufacturer's duties in respect of a regulator's action, are also governed by the Manufacturer Regulatory Compliance Policy. A recall does not displace a duty under that document, and compliance with that document does not displace a duty under this one.
1.4 If a provision of this document conflicts with the Terms of Use, this document controls for the subject it governs. If a provision of this document conflicts with the terms of a program in which the Manufacturer participates, the program terms control for that program. Policies and help pages explain this document; they do not amend it, and in any conflict this document prevails.
Article 2: Definitions
2.1 Account: the account a person or business establishes with the Company to use the Platform.
2.2 Affected Units: the units of a Product subject to a Recall, identified by lot, batch, date code, serial range, or another identifier that separates the affected units from unaffected units of the same Product.
2.3 Buyer: a person who purchases Products or Services through the Platform.
2.4 Company: All About Pawz, LLC, a Tennessee limited liability company.
2.5 Manufacturer: a person or business that manufactures Products supplied for offer through the Platform.
2.6 Order: a Buyer's purchase of Products or Services through the Platform, accepted in accordance with the Order Formation and Acceptance Policy.
2.7 Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
2.8 Products: goods offered for sale through the Platform.
2.9 Recall: a recall of a Product, whether voluntary by the Manufacturer or ordered or requested by a government authority, including the U.S. Food and Drug Administration, the U.S. Consumer Product Safety Commission, and the U.S. Environmental Protection Agency. A voluntary Recall and an ordered Recall carry the same duties under this document.
2.10 Seller: a person or business the Company has accepted to offer Products or Services through the Platform.
2.11 Services: services offered through the Platform, including grooming, veterinary, pharmacy, and fulfillment services, as applicable.
Article 3: Notice: Twenty-Four Hours
3.1 The Manufacturer shall notify the Company of a Recall within twenty-four (24) hours of: (a) the Manufacturer's decision to recall a Product; or (b) the Manufacturer's learning of a government order or request that a Product be recalled, whichever occurs first. No period of further assessment suspends the clock: the duty attaches on the decision or on knowledge of the order, not on the completion of the Manufacturer's investigation.
3.2 The notice shall state: (a) the Product; (b) the Affected Units, by the identifiers in Article 2.2; (c) the hazard, in plain language that states what is wrong with the Product and the harm it may cause; and (d) the remedy offered: refund, replacement, or repair. The notice is given through the recall channel the Company designates, and not to a general support address or to an individual representative.
3.3 The notice shall identify every lot, batch, and date code sold through the Platform to the Manufacturer's knowledge, including units sold to authorized Sellers and to distributors, and not only units the Manufacturer sold directly or that the Company sold from first-party inventory, where Products sold by the Company are "Sold by Pawz Shop" and Products sold by a Seller are "Sold by {Seller name}." The Manufacturer holds the distribution record, and the Company requires the whole of it to identify every affected Buyer and every unit in a Seller's inventory.
3.4 An initial notice is not delayed for completeness. Where the full range of Affected Units is not yet determined at the twenty-four-hour point, the Manufacturer shall notify the Company with the information it holds at that point and shall supplement the notice as the scope is clarified, at intervals of not more than forty-eight (48) hours until the scope is complete. A partial notice given on time satisfies the timing duty; a complete notice given late does not.
3.5 Failure to give notice within the period in clause 3.1 is a separate and severe violation of this document, independent of the Recall itself, and is dealt with under Article 7. Concealment of a known Recall: knowledge of a Recall and a decision not to notify: is fraud.
Article 4: Cooperation Duties
4.1 On notice of a Recall, and without delay, the Manufacturer shall supply: (a) the text of the recall notice for Buyer communication, written for Buyers in plain language, stating the hazard and the remedy; (b) the remedy procedure, with the exact steps a Buyer follows; (c) a dedicated recall contact: a named person who answers for the Recall, and not a general queue; and (d) lot-identification guidance a Buyer can use without assistance, stating where the code appears on the unit and how an affected code reads.
4.2 The Manufacturer shall cooperate with the Company's measures under the Product Recall Policy, including by: (a) confirming Affected Units against the Company's Order history; (b) validating remedy claims the Company refers; and (c) updating the scope of the Recall as the Manufacturer's investigation develops, under clause 3.4.
4.3 Cooperation is immediate, and the allocation of cost follows after. The Manufacturer shall not: (a) minimize the scope of a Recall in its communications with the Company; (b) delay cooperation pending the Manufacturer's own investigation, beyond the supplementation procedure in clause 3.4; or (c) condition cooperation on an agreement about liability or cost. A refusal to cooperate until cost is agreed is a refusal to cooperate, and is treated as one under Article 7.
4.4 The Manufacturer shall keep the complete Recall record: the notice and each supplement, the scope determinations, the remedy procedure, the claims validated, and the costs borne: for three (3) years after the Recall is closed, and shall produce the record in an investigation under Article 7 or on a regulator's lawful demand transmitted through the Company.
Article 5: The Remedy and Its Cost
5.1 A Buyer who purchased an Affected Unit receives the Recall remedy: refund, replacement, or repair, as the Recall notice states: on identification of the unit as an Affected Unit. Lot identification is the whole of the Buyer's proof: a Buyer is not required to prove that the particular unit caused harm, and is not required to return the unit at the Buyer's expense before receiving the remedy, except where the Recall notice states a return for safety reasons and provides the means of return at the Manufacturer's cost.
5.2 The Manufacturer bears the cost of the remedy for Affected Units. That cost includes: (a) refunds and the cost of replacements or repairs; and (b) the Company's reasonable costs of Buyer notification and of reverse logistics, where the Company performs those functions. The Manufacturer made the Product; the Manufacturer funds the remedy. This allocation is not reopened by a Recall.
5.3 Where the Company advances a refund or another remedy cost in order to act within the time a Recall requires, the Manufacturer shall reimburse the Company on demand, and the Company may set the amount off against amounts otherwise payable to the Manufacturer. Advancement by the Company for speed does not shift the allocation in clause 5.2.
5.4 Inventory of Affected Units held by a Seller is quarantined on the Company's notice under the Product Recall Policy (Sellers) (Product Recall Policy (Sellers)). The Manufacturer shall state promptly the procedure for that inventory: return to the Manufacturer or destruction: and shall bear the cost of the procedure it specifies, including return carriage. A dispute between the Manufacturer and a Seller about the value of quarantined inventory does not delay the quarantine, which is a safety measure and not a commercial remedy.
Article 6: The Company's Measures on a Recall
6.1 On notice of a Recall, or on learning of a Recall from another source, the Company shall suppress the listings for the Affected Units and shall notify each Buyer whose Order history includes an Affected Unit, as the Product Recall Policy provides. Where the scope of a Recall is uncertain, the Company may suppress the listings for the whole Product until the scope is established, because suppression of unaffected units is reversible and continued sale of affected units is not.
6.2 The Company shall restore a suppressed listing when the Manufacturer's evidence establishes that the units offered are not Affected Units, or that the Recall is closed and the Product as currently manufactured is outside its scope.
6.3 The Company's duties under this Article are duties of conveyance and suppression. The Company does not determine whether a Product is defective, does not set the remedy, and does not warrant the safety of a Product after a Recall is closed; those are the Manufacturer's responsibilities, and nothing in this Article or in the Product Recall Policy transfers them.
Article 7: Failure to Cooperate
7.1 A failure to notify within the period in Article 3, or a refusal to cooperate under Article 4, results in suppression of the Manufacturer's listings across the Platform: not only the listings for the recalled Product: pending cooperation. Platform-wide suppression is proportionate in this case because a Manufacturer that does not cooperate on a Recall gives the Company no basis to rely on the Manufacturer's position on any other Product.
7.2 Concealment of a known Recall is fraud, dealt with under Article 8 without a cure period and with termination available on the first established instance, in addition to suppression under clause 7.1.
7.3 The cost consequences of a failure under this Article: including the Company's costs of identifying affected Buyers from its own records where the Manufacturer's notice was late or incomplete: are borne by the Manufacturer under Article 5 as costs of the Recall.
Article 8: Fees
8.1 A fee is payable under this document only if the fee is stated in the fee schedule or program agreement that governs the Manufacturer's participation. No other charge of any kind is payable, and the Company shall not impose a fee that the governing schedule or agreement does not state. The costs allocated under Article 5 are remedy costs, not fees, and are payable as that Article provides whether or not a schedule states them.
Article 9: Liability
9.1 Exclusion of certain damages. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost revenue, or loss of goodwill, arising out of or relating to this document, even if the party has been advised of the possibility of those damages.
9.2 Cap. To the fullest extent permitted by law, the Company's total liability arising out of or relating to this document shall not exceed the greater of (a) the amounts the Manufacturer paid to the Company under this document in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
9.3 Carve-outs. This Article does not limit (a) a party's indemnification obligations under this document; (b) liability for fraud or willful misconduct; (c) amounts the Manufacturer owes for Orders, fees, chargebacks, refunds, or remedy costs under this document; or (d) liability that cannot be limited under applicable law. The cap in clause 9.2 limits the Company's liability only; it does not cap the Manufacturer's liability, and it does not cap the remedy costs allocated under Article 5.
9.4 Essential purpose. The parties agree that this Article allocates risk between them, that it is an essential part of the basis of their bargain, and that it applies even if a limited remedy fails of its essential purpose.
Article 10: Indemnification
10.1 Duty. The Manufacturer shall indemnify, defend, and hold harmless the Company and its members, managers, employees, and agents from and against every claim, demand, action, loss, liability, judgment, settlement, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) the Manufacturer's breach of this document; (b) the Manufacturer's Products, listings, or content, including product liability claims, intellectual property infringement claims, and product recall costs for the Manufacturer's Products; (c) the Manufacturer's violation of any law or of the rights of any person, including a claim that arises from a late notice, an incomplete scope, or a failure to cooperate under this document; and (d) taxes for which the Manufacturer is responsible under this document.
10.2 Procedure. The Company shall give prompt written notice of a claim under this Article. The Manufacturer shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The Manufacturer shall not settle a claim in a manner that imposes any obligation or restriction on the Company, or that does not release the Company fully, without the Company's prior written consent.
10.3 Survival. This Article survives the termination of this document.
Article 11: Enforcement and Appeals
11.1 Investigation. The Company may investigate any suspected violation of this document. The Manufacturer shall cooperate with an investigation and shall produce the records this document requires the Manufacturer to keep.
11.2 Notice. If the Company determines that the Manufacturer has violated this document, the Company shall give written notice stating the provision violated and the facts relied on, except where notice would compromise an investigation of fraud, a safety risk, or a legal obligation.
11.3 Opportunity to cure. Where a violation is capable of cure, the Manufacturer has ten (10) business days from notice to cure it and to confirm the cure in writing. No cure period applies to fraud, counterfeiting, a risk to the safety of a person or an animal, unlawful conduct, or a violation that by its nature cannot be cured. A failure to give Recall notice under Article 3 cannot be cured by a later notice as to its timing, though a later notice discharges the notice duty from the time it is given and is required notwithstanding the breach.
11.4 Measures. If a violation is established and is not cured within the period allowed, the Company may, proportionate to the violation: (a) issue a written warning; (b) remove or suppress a listing or content, including platform-wide suppression under Article 7; (c) cancel an Order or a booking; (d) suspend the Account or a program participation, in whole or in part; (e) terminate this document and the Account; and (f) exercise any other right or remedy available under this document or at law.
11.5 Appeal. The Manufacturer may appeal a measure under this Article by written notice to legal@aapawz.com within thirty (30) days of the measure, stating the grounds and attaching the records relied on. The appeal is decided by a person who did not make the original decision. The Company's decision on appeal is final. A measure remains in effect during an appeal unless the Company directs otherwise in writing. An appeal does not suspend a Recall measure: suppression of Affected Units and Buyer notification continue during an appeal, because the safety ground for those measures is not affected by a dispute about the Manufacturer's conduct.
11.6 No waiver by delay. The Company's delay in acting on a violation is not a waiver of the violation or of any later violation of the same kind.
Article 12: Term and Termination
12.1 Term. This document takes effect when the Manufacturer first supplies Products for offer through the Platform and continues until terminated under this Article.
12.2 Termination by the Company. The Company may terminate this document and the Account on thirty (30) days' written notice for any reason, and immediately on written notice if the Manufacturer materially breaches this document, engages in fraud, or becomes ineligible to participate.
12.3 Termination by the Manufacturer. The Manufacturer may terminate this document on thirty (30) days' written notice to support@aapawz.com, provided the Manufacturer has no Recall or investigation outstanding.
12.4 Effect of termination. On termination: (a) the rights granted under this document end; (b) obligations that arose before termination: including payment, record-keeping, and indemnification obligations: survive until satisfied; (c) the Company shall disburse amounts owed, less amounts the Company may set off under this document, within thirty (30) days, except amounts held in connection with an open investigation or dispute; and (d) the duties in this document survive termination in respect of every Product sold through the Platform while this document was in effect, as the Manufacturer Program Termination Policy also provides. A Manufacturer that has left the Platform remains bound to notify, cooperate, and fund a remedy for a Recall of such a Product, because Buyers hold those Products after the Manufacturer's exit.
12.5 Survival. The Definitions, Fees (for accrued amounts), Liability, Indemnification, Enforcement and Appeals (for measures taken before termination), Dispute Resolution, and General Provisions Articles survive termination.
Article 13: Dispute Resolution
13.1 Any dispute arising out of or relating to this document, or to the relationship it governs, is governed by the Dispute Resolution Policy, which is incorporated into this document by reference.
Article 14: General Provisions
14.1 Amendments. The Company may amend this document by posting the amended document in the Document Center and giving notice to the Manufacturer at the email address in the Account. An amendment that materially increases the Manufacturer's fees or obligations takes effect thirty (30) days after notice; other amendments take effect on posting. Continued use of the Platform after the effective date of an amendment is acceptance of it. If the Manufacturer does not accept an amendment, the Manufacturer's remedy is to terminate under Article 12 before the amendment takes effect.
14.2 Notices. Legal notices under this document shall be sent to legal@aapawz.com. Operational notices and all other communications, including a Recall notice under Article 3 given through the recall channel the Company designates, shall be sent to support@aapawz.com where no recall channel is designated. A notice to the Company is effective when the Company acknowledges receipt or, for email, one business day after sending, whichever is earlier. Notices to the Manufacturer are effective when sent to the email address in the Account or posted to the Account's notice facility in the portal, whichever occurs first. The Manufacturer shall keep the email address in the Account current.
14.3 Governing law. This document is governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution Policy, any proceeding arising out of this document shall be brought in the state or federal courts located in Shelby County, Tennessee, and the parties consent to personal jurisdiction there.
14.4 Severability. If any provision of this document is held unenforceable, the provision shall be enforced to the fullest extent permitted, and the remaining provisions continue in full effect.
14.5 No third-party beneficiaries. This document is for the benefit of the Company and the Manufacturer only and confers no rights on any other person, except as Article 10 provides for the Company's members, managers, employees, and agents. A Buyer's rights on a Recall arise under the Product Recall Policy and applicable law, and are not created by this clause.
14.6 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the Manufacturer for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
14.7 Assignment. The Manufacturer shall not assign this document or any right or obligation under it without the Company's prior written consent, and an assignment without consent is void. The Company may assign this document to an affiliate or in connection with a sale of all or part of its business, on notice to the Manufacturer.
14.8 Waiver. A waiver of any provision of this document is effective only in writing and only for the instance stated. No waiver is a waiver of any other provision or instance.
14.9 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This document shall not be construed against a party as its drafter. The English-language text controls over any translation.
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