Wholesale Agreement Form
INFINITY STRAP™ WHOLESALE TERMS AND CONDITIONS
Below are the Terms and conditions for Infinity Strap™ that shall apply to "Resellers" who purchase Infinity Strap products at wholesale solely for the purposes of resale to the public or for use in a studio. All sales to "resellers" are to be approved by Infinity Strap through the use of the wholesale order form. Reseller agrees that it is forbidden to sell Infinity Strap products on wholesale basis to other retailers. Infinity Strap reserves the right to terminate the account of any Reseller.
Reseller acknowledges that the patented product of Infinity Strap ™, the name "Infinity Strap™," all text and graphics on Infinity Strap's website, and all photographs of Infinity Strap™ models are the exclusive intellectual property of Infinity Strap™. Use of Infinity Strap brand name and Intellectual Property is permitted only in relation to the sale of Infinity Strap™ products. Infinity Strap intellectual property shall not be used to promote other brands of apparel or other products unless approved by Infinity Strap. If requested by Infinity Strap, reseller agrees to provide all uses of the Infinity Strap intellectual property for the use of selling of Infinity Strap products. Under no circumstances shall our products be re-packaged, re-branded or co-branded by another brand.
All orders made by Resellers are subject to Infinity Strap’s approval. Unless written consent is given by Infinity Strap, Reseller must make payment for all orders prior to shipment. Reseller is solely responsible for sales and all taxes associated with the reselling of Infinity Strap products, except for taxes on Infinity Strap's net income. Resellers in California must provide current resale number in order to be exempt from sales taxes.
Prices for Infinity Strap™ Products are quoted at the time of the order and are subject to change at any time without prior notice. Products are not guaranteed to be in stock. All products being resold must not be listed below the current Minimum Advertised Price (MAP) of $20.00 for Infinity Strap STRETCH or COTTON, $25.00 for Infinity Strap ORGANIC BAMBOO and $28.00 for Infinity Strap BRIK unless otherwise approved by Infinity Strap. Reseller may not sell Infinity Strap products on any e-commerce sites such as Amazon Marketplace, etsy or ebay.
Orders are usually shipped within 24-48 business hours of receipt of payment and will arrive in 5-7 business days from shipping date for domestic orders and 7-14 business days for international orders due to complications during customs inspections unless the Reseller is notified by Infinity Strap.Items are shipped via USPS or FedEx at Reseller's expense. Expediting shipping is available. Reseller agrees that Infinity Strap will not be responsible any delivery loss or damage. Customer will be responsible for all Merchandise shipping and handling expenses, including (if applicable), customs clearance, import/export fees, freight risks and insurance, and Customer may be required to act as the importer of record for international shipments. Customer must notify Seller of any claimed shipping error or damage within five (5) days of receipt of Merchandise. Customer’s failure to give such notice within that five-day period shall be deemed a waiver of Customer's claim for incorrect or damaged shipments.
Inspection and Acceptance
All sales are final. Reseller has 5 days to notify Infinity Strap if there are nonconformity or defect or other claim within 5 days after delivery of the Products, otherwise Reseller will waive any rights regarding reimbursement. Infinity Strap is not responsible for Products lost or damaged during delivery. No claims will be honored without proper notification. Returns shall not be accepted for any Products which have been altered or damaged by transit or mishandling by Reseller. Returns will not be accepted for any Products not sold by the reseller.
Termination of Terms
These terms and conditions are applicable to you after agreement and completion of the this form. Any part of these terms and conditions may be terminated by Infinity Strap without prior notice and for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Reseller agrees that it shall not represent itself as having a relationship with Infinity Strap other than the wholesaler supplier relationship that is defined in these terms & conditions. Furthermore, the Reseller agrees not to intentionally or unintentionally misrepresent Infinity Strap, its brand, or its products.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF CUSTOMER.
Governing Law; Dispute Resolution
This agreement shall be governed by California law. Any dispute arising from this agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in or near Huntington Beach, CA in accordance of the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in or near Huntington Beach, CA.
Notices and Inquiries
All questions regarding wholesale orders and the terms & conditions listed herein will be answered through email at firstname.lastname@example.org or by phone at (323)834-9782.