U.S. RESELLER TERMS & CONDITIONS 2015
PRICING: All prices are wholesale and for domestic trade only.
MINIMUM ADVERTISED PRICE POLICY: Resellers are required to maintain MSRP in all advertising, print, web and media exposure.
ONLINE SALES: We do not accept Amazon retailers at this time. Online-only retailers (without a brick and mortar storefront) will be considered on a case by case basis at the discretion of Hummingbird Straws.
NEW ACCOUNTS: First time minimum order is $200.00 USD. A completed retailer application, including store photos, indicating all intended retail locations must be received prior to processing. New Accounts will be opened at Hummingbird’s sole discretion based upon market conditions and other factors deemed relevant by Hummingbird. Each resale location must be approved individually. Please allow up to 5 business days for a reply, response time may vary seasonally.
ESTABLISHED ACCOUNTS: Minimum reorder is $175.00 USD. Minimum account maintenance is $500 annually. If annual volume is not reached your account will become inactive.
INACTIVE ACCOUNTS: Previously established accounts that have not met the minimum annual maintenance or have not placed a re-order within 12 months of last order will become inactive. To be reinstated, inactive accounts must meet the current requirements for new accounts including placing a minimum opening order as noted above.
PAYMENT TYPE: We require pre-payment by credit card for the first 3 orders, after which Net 30 terms are available upon credit approval. At this time, we do not accept C.O.D. orders.
CUSTOM ORDERS: Hummingbird reserves the right to approve or deny any customization to Hummingbird products.
PAYMENT TERMS: Merchandise and applicable freight charges will be invoiced when order is processed. A $30 fee will be assessed for returned checks. We reserve the right at any time to suspend or change credit terms provided if your account standing becomes past due. A failure to pay invoices when due will make all subsequent invoices immediately due and payable irrespective of terms. Additionally, Hummingbird may withhold all subsequent deliveries until the account is settled in full. For any invoice inquiries and requests contact email@example.com.
ORDER PROCESSING TIME: For orders in stock, 5 business days.
BACKORDERS: If an item is not in stock, it will go on backorder and be sent out automatically when restocked. The buyer is responsible for canceling backorders if the item is no longer required.
SHIPPING: U.S. orders ship via UPS, FedEx, or USPS. Freight charges apply and will be added to invoice upon processing. Please provide any special shipping instructions or guidelines at the time orders is placed. Buyer shall be responsible to file damages with the carrier for the unlikely and unfortunate event of damage occurred in transit.
CLAIMS & RETURNS: All claims for exchanges or returns must be made within 14 days of receipt of goods with photographic evidence. Merchandise purchased for future use must be checked upon receipt. Failure to make a claim within the stated time constitutes acceptance of the goods as is. No returns are accepted without authorization from a Hummingbird representative, email firstname.lastname@example.org to submit a claim.
NON-COMPETITION: Reseller agrees that it will not manufacture, purchase, distribute, advertise, promote, display, oer for sale, or sell any straw or accessory that competes with, is an imitation of, or is otherwise confusingly similar to, any Hummingbird straw or accessory while Reseller maintains an active account with Hummingbird or otherwise advertises, promotes, oers for sale, or sells Hummingbird straws or accessories.
All orders are subject to the acceptance of Hummingbird. Hummingbird straws and accessories may only be sold at locations approved in writing by Hummingbird. Hummingbird bottles may only be sold to consumers and not to third party distributors. Transfer of Hummingbird straws or accessories to unauthorized retail dealers or unauthorized locations is prohibited. The business relationship between Hummingbird and each reseller is “AT WILL;” that is, Hummingbird is free at any time to choose those with whom it wishes to deal. Moreover, both Hummingbird and the reseller reserve the right at any time to terminate the relationship for any reason whatsoever.