- Items Purchased: The terms below will govern the sale of products by Seller to Buyer. Seller has the right to terminate the relationship at any time for any reason.
- Pricing: Wholesale prices will be provided by Buyer’s Account Manager. Purchase prices are subject to change without notice. Any sales that are offered on the retail side do not apply to wholesale prices, including coupons or promotions. Check with your Account Manager for available wholesale discounts.
- Required MSRP: All Seller products have a required MSRP. Buyer may mark up product over MSRP, but never below MSRP. No discounts can be given on any product without the Seller's approval.
- If buyer sells any product below MSRP, Seller has the right to terminate this Agreement.
- Method of Ordering: Orders may be placed online, by phone or email.
- Payment of Taxes: Buyer is responsible for all of Buyer’s federal, state and other taxes as a result of this sale.
- Payment: All Payments are due before shipment or pick up. Payment shall be made to “Verdict Vapors, LLC”. Seller currently accepts VISA, MasterCard, American Express, or Discover Card..
- Delivery: Buyer is responsible for all product shipping and handling expenses, including customs clearance, import/export fees, freight risks and insurance, and Buyer may be required to act as the importer of record for international shipments. Delivery times are estimates only. Seller shall not be liable for delays and shall not be responsible for damages resulting from circumstances beyond its control.
- Inspections: Buyer must notify Seller of any claimed shipping error or damage within five (5) days of receiving product. Buyer’s failure to give the required notice shall waive Buyer’s claim for incorrect or damaged product.
- Warranties: Seller warrants that the Merchandise shall be free of substantive defects in material and workmanship.
- Customs & Regulatory: Before you make a purchase, please read the following disclaimer regarding returned, refused, or seized/destroyed orders: a. Address or other customer errors. If a package is returned to Seller due to address error (or any other error) made by Buyer, or refusal of product, Buyer will be responsible for any shipping fees incurred. A refund will be issued for product only, minus a 5% restocking fee, upon receipt of the returned product. b. Violation of laws: If a shipment is returned to Seller due to violation of a country's laws or import regulations, Buyer will be responsible for any and all fees billed to Seller as a result. A refund will be issued for merchandise only, upon receipt of the returned package. If an order is seized or destroyed by customs, Buyer will not receive credit for the product or shipping cost. c. Notes on returned packages: If an order is rejected by customs or unable to be delivered, and the cost to return is greater than the value of the product, Seller will instruct the carrier to abandon the package. Buyer will not receive a refund for the product or shipping cost. All duties and taxes will be billed to Buyer, even if the product is never delivered, unless failure to deliver is Seller’s fault. d. Shipping Disclaimer. Seller products are manufactured in the US and are designed to be compliant with US regulations. Seller cannot guarantee compliance with laws and regulations in other countries. Due to the unpredictable nature of customs and the constant changes to laws and regulations, we are unable to compensate Buyer for fees associated with customs issues. Buyer is responsible for checking with its local customs office to verify that importing product is legal. Some items may require an import permit or license.
- Tampering: Buyer may never tamper or alter Seller’s products. If Buyer alters or tampers with the product in anyway, Buyer shall be responsible for all costs and damages caused thereby.
- Buyer-Seller Relationship: This Agreement is solely a buyer-seller relationship Neither party an employee, agent, or representative of the other for any purpose.
- Distribution: Buyer may not distribute any of Seller’s product to any websites, stores or retailers without Seller’s approval.
- Title, Risk of Loss and Security Interest: Title to the products sold shall pass to Buyer once delivered to Buyer, unless Buyer uses its own shipping methods. In that case, title passes once product leaves Seller’s warehouse. Buyer hereby grants Seller a security interest in all products sold to Buyer until the invoice(s) covering the products has been paid in full. Buyer also irrevocably appoints Seller as its lawful attorney-infact coupled with an interest with full authority to execute and file financing statements and any other necessary documents and other instruments to perfect, preserve, and enforce its security interest.
- Agreement Not Construed Against Drafting Party: This Agreement is deemed to have been drafted by all Parties. No party shall be entitled to claim that any provision should be construed against any other party because it was drafted by that party.
- Waiver. The failure of Seller to enforce any of provisions or rights under this Agreement shall not constitute a waiver.
- Modification. This Agreement may not be modified or amended without written consent of Seller.
- Governing Law and Jurisdiction. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of California, without giving effect to principles of conflicts of law.
- Arbitration. Any dispute relating to this shall be settled by binding arbitration conducted by one arbitrator. Regardless of the outcome, the parties shall bear their own attorneys fees and costs and the arbitrator shall not have the authority to award any attorneys fees or costs to either party.
