Wholesaler Agreement - Please Review
This Wholesale Agreement (hereinafter, the "Agreement"), is made and entered into by and between Legend Soccer Co. (hereinafter "Wholesaler"), and "Retailer" (hereinafter, "Retailer"). Retailer wishes to sell and promote the products offered by the Wholesaler in their store.
Wholesaler will deliver inventory to the Retailer, as agreed. Wholesaler is not involved in the actual transaction between the Retailer and the Customer. Retailer will be responsible for providing exemplary customer service to all actual and potential customers, including taking reasonable measures to respond to all customer inquiries. Wholesaler is not the agent of either the Retailer or the Customer.
THE ORDERING PROCESS
Orders may be placed by phone or by e-mail.
Wholesaler will make available images that you might require for your printand online presence. Should you require any additional images, please contact us. Retailer may use images from Wholesaler’s social media channels and website.
Wholesaler retains all rights to all images of products provided and retains the right to prohibit the use of any and all images provided. Retailer may not use any of the images contained within the provided photos for any other purpose other than to gain sales. Retailer may not alter (e.g., crop, change background colors, add text) provided photos other than to size appropriately for website and marketing materials. Retailer must describe the product in the appropriate category and may not represent the product in other categories or for other uses, without prior authorization from Wholesaler.
CUSTOM COPYRIGHT RELEASE
Wholesaler is released from any artwork that may be classified as copyright infringement. Retailer is responsible for providing Wholesaler with artwork which does not infringe on any copyright. Once custom product is produced and delivered it is the sole responsibility of the Retailer in the case there is copyright infringement.
No products or goods purchased from or produced by Wholesaler shall be resold by or through any on-line auction or online store (such as Ebay, Amazon or othersimilar sites) without the express, written authority of Wholesaler. At this time, no products or goods purchased from or produced by Wholesaler may be sold via the wholesaler’s private website.
Wholesaler have a suggested retail price (MSRP). Retailers retain the right to charge above the MSRP; however, they may not charge less than wholesaler’s online price. In the event that the Wholesale Account chooses to place the products or goodsfor sale at a discount, the Wholesale Account cannot discount the products more than 15%below MSRP without the approval of Wholesaler.
MINIMUM ORDER REQUIREMENT
No minimum orders at this time.
We currently accept the following payment methods: Visa, MasterCard, American Expressand Discover. Payment method is based on history and relationship with accounts; however, all new accounts will be charged at the time of shipment by credit card until a reasonable payment history is established.
SALES AND TAX
Retailer agrees that it is the sole responsibility of Retailer to collect, report and remit all taxes to the correct tax authority for all business transactions, sales or revenue stemming from the sales of the Wholesaler's products. Retailer further agrees that Wholesaler is not obligated to determine whether a sales tax applies and is not responsible to collect, report or remit any tax information arising from any transaction involving the images or photos provided.
Errors, Returns and Warranty: Order errors and/or defects must be brought to Wholesaler's attention within five (5) business days of receipt of shipment by Retailer. Wholesale sales are considered final with no returns. We endeavor to protect your reputation, and ours; if you or your customer finds an issue related to manufacturing defects during the first 30 days after sale, we will work with you to find a resolution.
Wholesaler is in no way responsible or liable for the success of the Retailer's store, the accuracy, or legality of its content and operation.
RIGHT TO MODIFY
Wholesaler retains the right to modify this agreement at any time. Changes will not be retroactive. Retailer will be notified if any changes occur.
If any provisions or sections of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
OVER DUE ACCOUNTS
Should terms be extended, accounts will be subject to an interest charge of 2% of theamount of the entire invoice beginning 30 days after the invoice is due and increasing by2% every 15 days thereafter. Terms will be reverted to pre-payment if account is overdue more than twice in a fiscal year. Legend Soccer Co. retains the right to terminate any delivery or suspend further deliveries in the event the buyer’s financial condition becomes unsatisfactory.
Our standard contracted shipping carrier is Fedex for wholesale orders. We use FedexGround shipping, unless the buyer specifies/requests another mode of shipping by (additional charges apply). Other carriers, such as the USPS or UPS can be used on request. The wholesaler is responsible for all shipping charges.
NOTICE OF DEFECTS/RETURNS
Retailer must make any claims of defects, including but not limited to those related toshortages, quality, or specification, within the first 7 days after the receipt of merchandise. The Wholesaler cannot be responsible for shortages when shipments are directed to a third party. It is the responsibility of Retailer to inspect upon receipt, that all merchandise delivered matches its order. SHORTAGES: In the event of a product shortage, Wholesaler will give Retailer the option to either have the missing product shipped to them at-once or to have the amount of the product credited to their account.
MERCHANTABILITY AND MISREPRESENTATIONS
Retailer agrees that Wholesaler makes no warranty, express or implied, as to the merchantability of Wholesaler products. Retailer also agrees that Wholesaler is not liable for any misuse or misrepresentations of the goods by the Retailer.
I agree to the Wholesaler Agreement