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We hereby grant to you the non-exclusive right, upon the terms and conditions contained in this agreement, to purchase, inventory, promote, use, and resell our products. You agree not to alter, cover up, remove or change in any way our labeling, information, and/or promotional material. You agree not to re-label or repackage any of our products.
In the event that any of our products is defective at time of receipt, we will arrange to replace the product or issue a credit on your account. It is your responsibility to notify us within 14 days of delivery. We are not responsible for products that a customer damages prior to purchase or thereafter.
We will employ our best efforts to fill your orders promptly upon acceptance but reserve the right to allot available inventories, as we deem best. We shall not be liable for failure to ship our products specified in any accepted order because of strikes, differences with workers, inability to secure transportation facilities, or other circumstances beyond our control.
You agree not to use, authorize, or permit the use of, the name "Nukem Hunting®" Brand and any of our logos, or any other trademark (“our marks”) owned by us as part of your firm, corporate, or business name in any way, except in connection with the distribution or use of our products under this agreement and to designate products sold, used, and distributed under the terms of this agreement.
Buyer shall not disclose and shall otherwise maintain the confidentiality of all pricing information, terms, and advance product information supplied by the seller.
All orders must be paid in full at time of purchase. In case of a payment by check, Seller may hold the order until the check has cleared Seller's account (7-10 days). Unless other arrangements have been made with Nukem Representative.
Either party may terminate this agreement for any reason on thirty (30) days written notice to the other, and the termination will be effective at the expiration of the thirty (30) day period. We may terminate this agreement immediately if you misrepresent any of our products.
Upon termination of this agreement, you will remove and not thereafter use any sign containing any of our marks, or any other trademarks owned by us and immediately destroy all stationery, advertising mater, and other printed matter in your possession or under your control containing any of our marks. ®
You agree not to, at any time after such termination, use or permit any of our marks to be used in any manner in connection with any business conducted by you or in which you may have an interest, or otherwise as description of, or referring to, anything other than our products.
Attorneys' Fees and Collection Costs. Seller shall be entitled to recover its reasonable attorneys’ and all costs of collection in connection with enforcing its rights under these Terms and Conditions of Sale, including the collection of any amounts due and payable by Buyer to Seller. In the event of default, and if this account is turned over to an agency and/or an attorney for collection, the undersigned agrees to pay all reasonable attorney fees, and/or costs of collection whether or not suit is filed.
You may not assign this agreement or any right under or interest in this agreement without our prior written consent. Subject to the foregoing, this agreement shall be binding on and inure to the benefit of the successors, assigns and other personal representatives of the parties, except to the extent of any contrary provision in this agreement.
In order to protect the brand image and reputation for quality products we have adopted a Minimum Advertised Price Policy (MAP). This policy is applicable to all forms of advertising including catalogs, mailings, consumer expo/shows, internet and any other electronic media. Buyers, who advertise a related product for sale below the MAP, as defined by the advertised price on the retail version of our website, shall have all pending orders suspended without further notice. This policy may be modified by the Seller from time to time and it is the Buyers responsibility to be aware of and abide by the most current version of the MAP policy. All Buyers must have a signed MAP policy on file.
This agreement shall be construed in accordance with and governed by the laws of the State of North Carolina, which laws shall prevail in the event of any conflict of law. The parties specifically intend that the provisions of the North Carolina Uniform Commercial Code will control as to all aspects of this agreement and its interpretation, and that all definitions contained therein will be applicable to this agreement except where this agreement may expressly provide otherwise.
By agreeing to the Wholeale Agreement and Terms, you agree that all your purchases from Nukem Hunting (Nukem, LLC) will be governed by the TERMS AND CONDITIONS OF SALE in effect at the time of your order. The current TERMS AND CONDITIONS OF SALE are set forth in this agreement and application. This application must be personally signed by the owner or officer of the business. Wholesale Agreement & Terms *
Minimum Advertised Pricing (MAP) Nukem Hunting® actively supports the sales and promotion of its products by its wholesalers, ecommerce and distributors. Nukem Hunting® has established a Minimum Advertised Price (MAP) on all Nukem Hunting® products. The MAP policy requires that all Retailers comply with the following terms and conditions:
The MAP for all Nukem Hunting® products shall be listed on each Nukem Hunting® price sheet for wholesalers, ecommerce and distributors. MAP pricing is established by Nukem Hunting® for all branded products at its sole discretion.
The MAP policy applies to all advertisements of branded Nukem Hunting® products in any and all media, including flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, internet or similar electronic media, television, radio and public signage.
The inclusion in advertising of free of discounted products with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.
MAP does not establish maximum advertised prices. All wholesalers, ecommerce and distributors may offer Nukem Hunting® products at a price in excess of the MAP established for such product.
Nukem Hunting® MAP policy does not in any way limit the ability of a wholesaler to advertise that “they have the lowest prices” or that they will “meet or beat any competitor’s price”, or that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.
Intentional and/or repeated failure to abide by this policy will result in termination of reselling relationship with Nukem Hunting®. Nukem Hunting® does not intend to do business with wholesalers, ecommerce or distributors who degrade the image of Nukem Hunting® and its products. The action steps with be as follows: 1. The violator will be notified and given five (5) business days to correct pricing. 2. If violating customer does not make appropriate changes to price, Nukem Hunting® or our Distributor will be encouraged to withhold the customer’s entire order until violator is in adherence with policy. 3. If further issues arise with violator, (changes prices again, violates on same SKU or different SKU), Nukem Hunting® and our Distributor partner reserves the right to revoke all sales to customer. 4. Ecommerce, when purchasing Nukem Hunting® products.
The terms of this MAP policy are confidential and should not be disclosed to other parties. This MAP policy has been established to protect the reputation of its name and products. Nukem Hunting® will not sell to any customers who have an on-line storefront without a signed copy of the updated MAP policy on file.
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