Terms and Conditions
ORDER CONFIRMATION AND QUANTITIES
Receipt of order confirmation does not signify our acceptance of an order, nor does it constitute confirmation of our offer to sell. We reserve the right, at any time and without prior notice, to cancel or limit the quantity of product available for any item.
RESELLER GUIDELINES
Buyer agrees to not advertise prices below SRP for a duration of 30 days past the release date (if given) of a specified item or 30 days past receipt of goods if no release date is given. Failure to adhere to release dates (if given) will result in the termination of the wholesale account. Offering Pre-Orders through your store or online store is not allowed, all sales must commence on the release date (if given). While we do not discriminate against the use of eBay as a sales venue, stores who utilize eBay or other auction sites to sell goods for more than SRP risk termination of their wholesale account. Our SRPs are determined in such a way to allow retailers a fair profit, but the collectable nature of the goods we sell sometimes inflate the perceived value of a given item. While we understand the temptation to sell items for significantly more than SRP, attempts to do so will potentially result in the termination of buyer's wholesale account at our discretion.
ACCOUNT TERMINATION
We reserve the right to terminate any wholesale account at any time at our discretion.
CONFIDENTIALITY
Buyer agrees to keep all wholesale pricing, terms and conditions confidential. Wholesale pricing, terms and conditions should not be published or discussed with other parties by the buyer under any circumstance.
SHIPPING
All orders are shipped FOB Chicago, IL via the carrier chosen by the buyer at the time the order is placed. We ship via UPS or USPS for all domestic orders and via USPS for international orders. You may choose to have us use your UPS Account number for shipping. We will always try to ship orders in time to meet release dates (if given), but if you choose a shipping method that is not fast enough to get something to you in time we will attempt to notify you of your options.
RETURNS / DAMAGED GOODS
All sales are final and can not be returned unless items are defective. Please inspect your orders for damage or shortage within 10 days of receipt and notify us of any problems within that time frame. Failure to inspect and notify us in writing (via email) within 10 days of receipt shall result in buyer waiving all claims for damages and/or shortage.
JURISDICTION
This agreement is governed by the laws of the State of Illinois, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that Illinois is an appropriate place for venue of any litigation and that Illinois courts have jurisdiction over this agreement and customer. In the event the customer and Rotofugi are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
EXCLUSION OF IMPLIED WARRANTIES
ROTOFUGI MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER SHALL BE MERCHANTABLE OR THAT SUCH GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL ROTOFUGI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND ADDITIONAL EXPENSES, RESULTING FROM ROTOFUGI'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ROTOFUGI, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
PAYMENT TERMS
All prices for the Merchandise are payable in cash (via credit card, paypal or other payment method as agreed by both parties) at the time of shipment.
TAXES
Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Rotofugi with an appropriate tax exemption certificate.
ENTIRE AGREEMENT
The Terms and Conditions constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
Questions? Please email us at wholesale@rotofugi.com or call 773-868-3308.