Wholesale

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Abiding Wholesale…

 Surf + Abide merchandise is available for purchase wholesale by retailers around the world.  For more information and to obtain access to our wholesale purchasing system, please contact us at team@surfandabide.com or via facebook at facebook.com/surfandabide and our sales team will respond promptly.  A minimum purchase of $300 is required and follow on purchases have a minimum of $200.

The following terms and conditions are applicable to our wholesale partners:

 Terms and Conditions

Buyer(s) consent to the following Terms and Conditions:

Opplyst LLC’s(hereinafter “Surf + Abide)” and/or “Seller”) acceptance of Buyer’s orders is expressly made conditional on Buyer’s assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the terms and conditions set forth on this web page, credit/buyer application, order confirmation and/or invoice supersede the terms and conditions of the Buyer’s purchase order(s) and will govern all transactions between the Buyer and the Seller. These terms and conditions also apply to all future transactions unless modified in writing signed by all parties. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions. Buyer’s acceptance of goods delivered by Seller in conjunction with this web page, invoice, credit/buyer application, or order confirmation is an acknowledgement by Buyer of its acceptance of these terms and conditions.

Notice of Defects/Returns:

The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 7 days after the receipt of merchandise.  All return or defect requests must be directed to team@surfandabide.com.  It is the responsibility of Buyer to inspect immediately upon receipt that all merchandise delivered matches its order. A written authorization from the seller must be obtained by the Buyer for any returned merchandise. All returns must be made within 7 days of receipt of goods. The Seller will charge the Buyer a 25% restocking fee with a $ 5.00 minimum charge for any returned merchandise. Buyer authorizes seller to sell any garments that have been returned, rejected, or abandoned.

Acceptance of goods with Known Defects Waives Claims for Damages:

Buyer must notify Seller in writing of all claims for damages resulting from late delivery or any other defect that is known to Buyer at the time Buyer accepts the merchandise and no later than 7 days of receipt of the order. Buyer hereby waives any claim for damages resulting from any defect Buyer is aware of, including late delivery, at the time Buyer accepts the merchandise.

 Defaults:

It is understood that should the Buyer become Delinquent in payment, no further credit will be Extended and the Seller will charge the Buyer a past due service charge at the rate of 1 ½% per month (18% per annum), collection agency fees in the amount of 30%, and/or reasonable attorney’s fees, and all other costs and expenses which may be incurred by the Seller in the enforcement of the terms and conditions set forth on this invoice, credit application, and/order confirmation. Any returned checks will be charged back to the Buyer, and a $50 handling fee will be charged to the Buyer. If the Buyer’s account is insured and the Buyer’s account is turned over to a receivable insurance company for a claim, Seller can also charge the client an additional 30% of the principal amount due which is in default. It is understood that these charges are a reasonable estimation of the damages Seller will incur upon Buyer’s default.

Modification of Goods:

Goods modified by the Buyer, or modified by seller at the request of Buyer, may not be returned for any reason.

Jurisdiction:

Any transactions between the Buyer and the Seller are governed by the laws of California. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of San Francisco, California, for any claims or controversies arising in the sale of goods by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of its domicile.

EXCLUSION OF IMPLIED WARRANTIES:

THE BUYER RECOGNIZES THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES IMPLIED ARE EXCLUDED FROM ANY TRANSACTION BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO THE GOODS SOLD BY SELLER. SELLER SHALL ALSO NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES.

Deterioration of Buyer’s Credit:

The Seller has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments to a Buyer for any or no reason.

Re-Selling Policies:

You may not resell or re-convey, or offer to sell or re-convey, any Surf + Abide products wholesale to other retailers – they must be offered retail to the general public.

Wholesale Partner Marketing Program

From time to time, Surf + Abide may offer a “Wholesale Partner Marketing Program” or other specials to its wholesale customers (“Programs”).  Surf + Abide may change the terms and conditions of these programs and/or discontinue these programs in their entirety at any time for any or no reason without advance written notice to its wholesale customers.  Surf + Abide also reserves the right to not offer the Programs to specific wholesale partners for any or no reason (such as non-alignment of brands) and this decisions shall be communicated to the wholesale customer in advance of any purchase.

Agreement and Acknowledgement:

Buyer(s) have carefully read and agree to these Terms and Conditions. Buyer authorizes Surf + Abide to verify the credit of the Company and/or the individual(s) whose signature(s) appears on this or the other documents specified above. Buyer and Guarantor(s) authorize its bank(s) and/or business references to release credit information of Buyer and for Guarantor(s) as requested by Surf + Abide. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Contact:

For further information, clarification or to set up a wholesale account, please contact our team at team@surfandabide.com.