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Terms and Conditions for Resellers

1. Minimum Advertised Price (MAP):

Marpac, LLC has unilaterally adopted this Minimum Advertised Price (MAP) Policy on selected products. The terms of the policy are as follows: • Products to which the MAP Policy applies. This MAP Policy applies to all MARPAC products and models listed on the pricing sheet (MAP Products). The Minimum Advertised Price for each product is listed on this sheet; this sheet will be disclosed upon account approval. • Basic Policy. It is a violation of this MAP Policy for any re-seller of a MAP Product to advertise a retail price for the MAP Product at less than the Minimum Advertised Price. This applies to advertisements of MAP Products in any and all media, including, without limitation, inserts, newspapers, magazines, catalogues, television, radio, internet, websites, emails, direct mail, newsletters, signage, banners, coupons and other media. • Exceptions to Policy. This MAP Policy does not prohibit a reseller from setting its own prices or selling the MAP Product for less than the Minimum Advertised Price. It only prohibits advertising at less than the Minimum Advertised Price. For example, it is not a violation of this policy for a traditional reseller to place prices on MAP Products inside its store that are less than the Minimum Advertised Price or for internet re-sellers to directly communicate prices to a customer, upon request, that are less than the Minimum Advertised Price. In this regard, an internet retailer may advertise that the customer may “call for price” or “email for price”. Nor is it a violation of this MAP Policy for a re-seller to advertise that it has the “lowest prices” or that it will match or beat its competitors’ prices if the re-seller does not advertise a price below the Minimum Advertised Price. • Consequences of Failure to Comply. If a re-seller fails to comply with this MAP Policy, Marpac reserves the right, in its discretion, to (a) refuse to accept any new orders from the re-seller, (b) cancel any existing orders, (c) recapture any advertising or marketing allowances which have been provided to the re-seller, and/or (d) any combination of the above. • Application in Other Countries. This MAP Policy does not apply in any country outside the U.S. which prohibits MAP policies.

 

2. 3rd Party Marketplace Policy:

Marpac current and future resellers are NOT AUTHORIZED to sell Marpac products on any third-party marketplace (including, but not limited to: Amazon, Ebay, Walmart, Jet, NewEgg, etc.). Any violation of this Marketplace Policy will result in your account being terminated.

3. Payment Information:

Marpac accepts the following forms of payment: - Net 30 day terms with approved credit* - Electronic funds transfer (EFT) - Check, credit card, or PayPal with order * Credit terms may be granted to qualifying customers. Credit terms may be revoked for habitual late payment.

4. Returned Checks:

A $25.00 NSF fee will apply.

5. Refused Orders:

All refused orders will be charged a 25% restocking (Min $50.00) plus any freight charges.

6. Returns & Defects:

A Return Authorization from MARPAC Customer Service is required PRIOR to any product return.

7. Prices:

Subject to change without notice.

8. Shortages/Errors:

MARPAC Customer Service must be notified within 10 days.

9. Sales Tax Policy:

Marpac collects and remits sales tax as required by U.S. law. If you are a tax-exempt entity, you must submit a complete Certificate of Exemption along with this application.

10. No Export Sales:

This agreement authorizes you to sell Marpac products within the United States only.

11. Minimum Purchase Quantities:

Order in full-case quantities only.

12. Annual Minimum Purchase:

Minimum Annual Purchases of $2,000.00 is required to maintain dealer status.

13. Freight :

FCA Wilmington, NC.

 

Authorized Agent’s signature attests financial responsibility, ability and willingness to pay invoices in accordance with our terms. Applicant agrees to pay reasonable attorney fees plus interest in case of default in payments in compliance with our terms.