Terms and Conditions
This Wholesale Agreement (“Agreement”) is made between You or Your Company (“Buyer”) and Nate Ricketts Designs (“NRD“).
GENERAL ORDERING INFORMATION:
To qualify for a wholesale account with NRD Buyer must be a valid retail business and at the time of the first order, Buyer must submit a copy of their resale exemption certificate along with an executed copy of this Agreement with the order form/purchase order (“PO“). By placing an order with NRD and providing the resale exemption certificate, Buyer is representing that they 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.
A valid credit card is required at time order is placed. The order will not be processed until the credit card is provided. NRD charges the credit card at the time of production for 50% of purchase price of the order. The balance and any additional shipping payment is charged prior to the time of shipping. All freight is the responsibility of Buyer. By providing credit card information on PO or otherwise, Buyer is irrevocably authorizing NRD to charge the credit card for the entire purchase amount with freight at time order goes into production. Orders may be cancelled by either party within 5 business days of submission.
NO LIABILITY FOR DELAY:
Delivery dates and lead time are estimates only and subject to change. NRD 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 NRD be liable for any special, consequential, incidental, indirect or liquidated damages, losses or expenses (even if caused by NRD’s sole negligence or fault) arising directly or indirectly from delays or failure to give notice of delay or inability to deliver.
MEASUREMENTS & AVAILABILITY:
NRD goods conform to the examples displayed on NRD website and sampled in showrooms and trade shows. Buyer understands the look of NRD products and characteristics of NRD hand finished goods are approximations and may vary from piece to piece. Photography is a representation of merchandise, however, each piece may vary slightly.
NRD makes every commercially reasonable effort to pack only first quality merchandise with carrier approved materials. NRD is not responsible for damage in transit. NRD does not insure packages with the carrier; if Buyer wishes to insure package(s), contact NRD at the time order is placed. If the shipment is damaged in transit Buyer agrees to contact the carrier and NRD 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 NRD as a result of a damage claim. Carrier will conduct an investigation for the damage claim and carrier and/or NRD will contact Buyer once the investigation is completed to resolve issue.
Any claim for defective merchandise must be reported to NRD within forty-eight (48) hours of delivery. Please inspect truck shipped merchandise prior to accepting and signing Bill of Lading. NRD does not accept returns on first quality merchandise for any reason. Contact NRD in the event Buyer receives defective merchandise as all returns must be approved in advance by NRD.
Buyer agrees to indemnify, defend and hold harmless NRD, its directors, officers, employees, assignees 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.
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 that California courts have jurisdiction.