Jamie Dietrich wholesale agreement  terms and conditions

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This Wholesale Agreement (“Agreement”) is made between You or Your Company (“Buyer”) and Jamie Dietrich Designs (“JDD“).

GENERAL ORDERING INFORMATION:

To qualify for a wholesale account with JDD you must be a valid retail business and submit a copy of your resale exemption certificate (first orders only) along with an executed copy of this Agreement with your order form/purchase order (“PO“). By placing an order with JDD and providing the resale exemption certificate, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.

PAYMENTS:

Credit card is required at time order is placed. Order will not be processed if credit card is not provided until one is given. JDD charges credit card at time of production for the entire purchase price of the order. Shipment is approximately two (2) weeks from order date, but may vary depending on availability. All freight is the responsibility of Buyer. By providing credit card information on PO or otherwise, you are irrevocably authorizing JDD to charge the credit card for the entire purchase amount with freight at time order goes into produc- tion. Orders may be cancelled within 5 business days of submission.

NO LIABILITY FOR DELAY:

Delivery dates and lead time are estimates only and subject to change; JDD will not be liable for loss or damage due to delay or inability to deliver regardless of the reason for the delay or inability to deliver. Under no circumstance shall JDD be liable for any special, conse- quential, incidental, indirect or liquidated damages, losses or expenses (even if caused by JDD’s sole negligence or fault) arising directly or indirectly from delays or failure to give notice of delay or inability to deliver.

MEASUREMENTS & AVAILABILITY:

JDD goods conform to the examples displayed on JDD website and sampled in showrooms and trade shows. Buyer understands the look of JDD products and characteristics of JDD hand finished goods are approximations. Photography is a representation of merchandise, however, each piece may vary slightly.

DAMAGE CLAIMS:

JDD makes every commercially reasonable effort to pack only first quality merchandise with carrier approved materials. JDD is not responsible for damage in transit. JDD does not insure packages with the carrier; if you would like to insure your package(s), contact JDD at the time order is placed. If your shipment is damaged in transit Buyer agrees to contact the carrier and JDD within forty-eight (48) hours of delivery. Buyer agrees to save all packaging materials and product, as they will be required by carrier for claim. Furthermore, Buyer agrees to not cancel or contest payment or deduct from any open invoice any amount due to JDD as a result of a damage claim. Carrier will conduct an investigation for the damage claim and carrier and/or JDD will contact Buyer once the investigation is completed to resolve issue.

RETURNS/DEFECTS:

Any claim for defective merchandise must be reported to JDD within forty-eight (48) hours of delivery. Please inspect truck shipped merchandise prior to accepting and signing Bill of Lading. JDD does not accept returns on first quality merchandise for any reason. Contact JDD in the event you receive defective merchandise as all returns must be approved in advance by JDD.

INDEMNIFICATION

Buyer agrees to indemnify, defend and hold harmless JDD, its directors, officers, employees, assignee and agents and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including, reasonable attorneys’ fees to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any Buyer Agreements hereunder; and/or (ii) arises out of Buyer negligence, willful misconduct, or the breach of this Agreement.

JURISDICTION:

This Agreement has been entered into and shall be governed by the laws of the State of California (without giving conflict to its conflict of law provisions). All parties agree California courts have jurisdiction.