WHOLESALE AGREEMENT TERMS AND CONDITIONS
For Company (Company Name): ________________________
This Wholesale Agreement (“Agreement”) is made between You or Your Company (“hereinafter, Buyer”) and Jamie Dietrich (“hereinafter, JD“).
GENERAL ORDERING INFORMATION:
To qualify for a wholesale account with JD you must be a valid retail business and submit a copy of your resale exemption certificate (first orders only) along with an executed copy of this Agreement with your order form/purchase order (“PO“). By placing an order with JD and providing the resale exemption certificate, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.
PAYMENTS:
Credit card is required at time order is placed. Orders will not be processed if credit card is not provided.
Credit card will be charged as follows:-
Full Balance or Balance due + Shipping cost when order is complete and ready to ship.
Please Note: Orders are processed and packed by our warehouse in the order they are received. There are times when an order may not ship for approximately 7-14 days from final payment. All freight charges are the responsibility of Buyer. By providing credit card information on PO or otherwise, you are irrevocably authorizing JD to charge the credit card the required deposit amount when order is placed, and final payment + shipping cost when order is complete. Orders may be cancelled within 5 business days of submission. Since each order is produced specifically for our Buyer, if cancelled more than 5 days from order date deposit is forfeited.
NO LIABILITY FOR DELAY:
Delivery dates and lead time are estimates only and subject to change; JD will not be liable for loss or damage due to delay or inability to deliver regardless of the reason for the delay or inability to deliver. Under no circumstance shall JD be liable for any special, consequential, incidental, indirect or liquidated damages, losses or expenses (even if caused by JD’s sole negligence or fault) arising directly or indirectly from delays or failure to give notice of delay or inability to deliver.
MEASUREMENTS & AVAILABILITY:
JD goods conform to the examples displayed on JD website and sampled in showrooms and trade shows. Buyer understands the look of JD products and characteristics of JD hand finished goods are approximations. Handmade pieces are one-of-a-kind with no two alike and include, but are not limited, bottles, artwork, sea life, geodes and other natural elements, etc. Other product that is unique in character include, but is not limited to, animal skulls, reclaimed woods and fabrics such as hides, etc. Your piece will be made as close to sample as possible. Photography is a representation of merchandise; however, each piece may vary slightly.
DAMAGE CLAIMS, DEFECTS & RETURNS:
JD makes every commercially reasonable effort to pack only first quality merchandise with carrier approved materials. JD is not responsible for damage in transit. JD does not insure packages with the carrier; if you would like to insure your package(s), contact JD at the time order is placed for options. If your shipment is damaged in transit Buyer agrees to notify JD within forty-eight (48) hours of delivery. Buyer agrees to save all packaging materials and product, as they will be required by carrier for claim.
IMPORTANT Truck Shipped Merchandise-
BUYER agrees to INSPECT ALL truck shipped merchandise for damages at time of delivery and report such damages before accepting goods and signing/releasing Bill of Lading. Damage needs to be noted at time of delivery to and by trucking company. We WILL NOT be responsible for any unreported damages at time of acceptance. If Buyer does not report damage at time of acceptance, we WILL NOT be responsible for replacement of any unreported items. Furthermore, Buyer agrees to not cancel or contest payment or deduct from any open invoice any amount due to JD as a result of a damage claim. Carrier will conduct an investigation for the damage claim and carrier and/or JD will contact Buyer once the investigation is completed to resolve issue. Contact JD in the event you receive defective merchandise as all returns must be approved in advance by JD.
INDEMNIFICATION
Buyer agrees to indemnify, defend and hold harmless JD, its directors, officers, employees, assignee and agents and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including, reasonable attorneys’ fees to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any Buyer Agreements hereunder; and/or (ii) arises out of Buyer negligence, willful misconduct, or the breach of this Agreement.
JURISDICTION:
This Agreement has been entered into and shall be governed by the laws of the State of California (without giving conflict to its conflict of law provisions). All parties agree California courts have jurisdiction.