TERMS OF SALE
All new Dealers who place an initial order must pay in full before the initial order is shipped. Subsequent orders may be paid with Net 30 Terms based on prior approval. Credit applications may be required and approved before Net 30 terms are granted.
Hoo-rag reserves the right to adjust pricing and terms annually. Any changes regarding pricing or terms will be reflected on a new Dealer Agreement. Dealer will be notified by any of the following: E-mail, Newsletter, Phone contact or physical letter. Dealer may not sell product at online channels such as Amazon, E-Bay, Jet or Wal-Mart etc.
When credit is extended to a qualified Dealer, Dealer agrees that title to all Products with right of repossession for default shall remain with Hoo-rag until the purchase price is paid in full. Dealer agrees to provide upon request, appropriate financial records to Hoo-rag to confirm Dealer’s ability to satisfy any obligation owed to Hoo-rag. If, in Hoo-rag’s sole discretion, dealer’s financial condition is such as to make uncertain its ability to meet its obligations to Hoo-rag, Hoo-rag may either suspend or terminate this Agreement or require said Dealer to pay invoice in full prior to shipment via PayPal, Credit Card or Check. If making payment by check, Hoo-rag reserves the right to hold the shipment until the check clears.
Hoo-rag Products are sold subject only to the applicable Hoo-rag standard printed warranty in effect at the time of sale and such warranty shall be in lieu of all other warranties express or implied. Dealer is not authorized to assume, on Hoo-rag’s behalf, any liabilities in connection with Dealer’s sale of Product other than as set forth in such Hoo-rag standard warranty. Dealer shall indemnify and hold Hoo-rag harmless with respect to any Dealer representation beyond those in such Hoo-rag warranty.
Warranty: HOO-RAG MAKES NO WARRANTY OF MERCHANTABILITY OF PRODUCT. Should a customer come to Dealer with problems associated with the product and request a refund or exchange, Dealer agrees to refund or exchange damaged product. Dealer may then contact Hoo-rag with details of the refund or exchange to be reimbursed by Hoo-rag either financially or with replacement product, not to exceed the wholesale cost of product.
Hoo-rag will use its best efforts to make deliveries with reasonable promptness*. In the event that there is a delay in delivery, or an error in the filling of an order, Hoo-rag shall not be liable to dealer for any indirect or consequential damages incurred by such delay or error.
*Please allow seven (7) business days for order processing and seven to ten (7-10) days for ground delivery. Dealers in need of product to arrive faster than twelve (12) days should call our offices to arrange their order with a Sales Associate.
RESPONSIBILITY OF DEALER
In executing this Agreement, Hoo-rag and Dealer recognize that the success of Hoo-rag and also of its dealers, depends on how well Hoo-rag and each of its dealers satisfy the needs and desires of its customers and upon the quality, value and performance which Hoo-rag products offer to the consumer and also upon the manner in which each authorized Hoo-rag dealer provides sound and honest sales and service at the retail level to the customer. For the purposes of this Agreement the Dealer agrees at all times to use his best efforts to:
(A) Establish and maintain a staff of sales personnel knowledgeable enough to provide the consumer with a full explanation of the features and characteristics of products who shall actively promote sales of the products in Dealer’s retail store(s).
(B) Display Products following Hoo-rag’s standard display instructions.
(C) Obtain written consent of Hoo-rag if Dealer intends to open any additional business location for the sale or service of Products or for the purpose of displaying Products at any location other than the business location described above.
(D) Carefully store and care for all Products for which Dealer is indebted to Hoo-rag under this Agreement and protect same from damage or loss from any cause
(E) Dealer shall not sell or otherwise transfer products to any person or entity for resale without the prior written consent of Hoo-rag.
(F) Dealer shall at no time make any false, misleading or deceptive representations to customers or to the trade of any kind regarding Hoo-rag Products, or engage in any unfair trade practices.
Unless otherwise provided by applicable state law, either party may terminate this Agreement without cause and for any reason, provided that nothing contained herein shall prevent Hoo-rag from immediately terminating this Agreement in the event of bankruptcy or insolvency of Dealer or Dealer’s failure to pay any amounts owing Hoo-rag when due. Upon termination for any reason, all amounts owed Hoo-rag will become immediately due and payable.
Dealer is hereby licensed to use Hoo-rag’s name and trademarks in the normal course of distributing Hoo-rag’s Products under this Agreement. Dealer agrees not to use Hoo-rag’s name as part of Dealer’s name or in any manner, which would misrepresent the relationship between Dealer and Hoo-rag. Dealer may represent itself as an “authorized dealer” of Hoo-rag, and with prior approval of Hoo-rag may use Hoo-rag’s name and Product related trademarks on signs or other advertising. Dealer’s license to use Hoo-rag’s name and trademarks is limited and Dealer shall abide by restrictions and limitations imposed by Hoo-rag from time to time. Upon termination of this Agreement, Dealer shall immediately cease representing itself as a dealer of Hoo-rag and shall cease use of all Hoo-rag names and trademarks and any signs or other material, of whatever nature, identifying Dealer as a dealer of Hoo-rag shall be removed or obliterated.
(A) Dealer is not an agent of Hoo-rag nor is Dealer authorized to make any representations on behalf of Hoo-rag.
(B) This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns.
(C) If any provision of this Agreement shall be held unenforceable, the remainder of this Agreement shall remain in full effect.
(D) Dealer understands that they are required to refer to the Hoo-rag as a Hoo-rag, and make mention of the product name on all custom packaging or marketing material.
(E) Dealer understands that sales are restricted to their physical space or e-store. Hoo-rag is not authorizing any vendors to sell on online channels such as Amazon, e-Bay, Jet etc.
(F) All understandings and agreements between the parties are contained in this Agreement, which supersedes and terminates all other agreements between the parties. The rights of either party pertaining to Products sold by Hoo-rag to Dealer under previous arrangements will be governed by this Agreement, provided, however, that nothing contained in this Agreement will, in any way, alter or change the rights and obligations of the parties pursuant to any security agreements or other agreements presently in existence.
(G) Hoo-rag reserves the right to modify and/or update this Agreement consistent with the modification and/or updating of all agreements Hoo-rag has with other similar dealers, and replace or substitute such modified or updated agreement for this Agreement and such replacement or substitution shall not constitute termination of this Agreement. Failure of Dealer to execute such replacement or substitution agreement within 30 days of it being offered shall constitute automatic termination of this Agreement by Dealer.
(H) Hoo-rag reserves the right, without incurring any liability to dealer, to modify, improve, alter, or discontinue products and to develop new models that in its discretion are necessary or advisable.