Wholesale Agreement Terms and Conditions
Payment Terms: Initial terms are prepaid via credit card, wire transfer, or company check. Orders will not ship prior to clearing of funds. Initial orders larger than $2500 will be considered for credit payment terms at the discretion of On The Fly Jack Plates based on the submission of a completed credit application and qualification of the Reseller. Resellers may request and apply for credit payment terms after establishing a positive order history.
Pricing: All product prices are in $US dollars as established by On The Fly Jack Plates assuming Ex-works Tallahassee, FL, USA. Prices subject to change without notice or may be different if contract terms are different than stated in this standard Reseller agreement. On The Fly Jack Plates reserves the right to correct errors at any time in quoted prices. On The Fly Jack Plates will price out Reseller or distributor with net/net pricing, with the understanding that there is no advertising or Co-op accrual required of On The Fly Jack Plates above and beyond net/net pricing.
Minimum Order Quantities: The minimum order quantity for any SKU is one unit.
Shipping and Freight: A minimum order value of $5000 per order qualifies you for free shipping. Unless otherwise arranged between On The Fly Jack Plates and Reseller, all orders are F.O.B. Destination. U.S. orders ship via UPS Ground or LTL Freight. Freight charges apply and will be added to invoice upon processing. Please provide any special shipping instructions or guidelines at the time the order is placed.
Amazon and eBay Marketplace Sales: On The Fly Jack Plates does not authorize any Resellers to sell on any Amazon, eBay or online marketplace platform. Any Reseller selling on these platforms will have their retail account immediately closed.
Online Sales: Reseller may sell direct to consumer on their website only.
Maintaining Retail Pricing: Resellers are required to maintain MSRP on all online sales. Resellers are also required to maintain MSRP in all advertising, print, web and media exposure unless otherwise approved to discount in advance by On The Fly Jack Plates. Please refer to the On The Fly Jack Plates Minimum Advertised Price (MAP) Policy for MSRP guidelines.
Pricing: All prices are quoted at wholesale and are available to the domestic trade only.
Claims & Returns Policy: On The Fly Jack Plates will accept truly defective returns at any time, when accompanied by a valid RMA number issued by the On The Fly Jack Plates Returns Coordinator. Reseller must submit the On The Fly Jack Plates Damage Form and photos of defective merchandise, along with the end customer’s original receipt of purchase, to jwood@ontheflyjackplates.com to file a claim. Reseller will receive credit for the purchase price of the product via credit memo to deduct from future invoice payments. On The Fly Jack Plates will refund the amounts due to Reseller if any credit memos become 90 days old and cannot be offset against current invoices. Reseller is responsible for the freight cost associated with any return and will bear risk of loss until such product is received by On The Fly Jack Plates
at On The Fly Jack Plates’ designated return center. Reseller is responsible for reporting and filing claims on behalf of their customer.
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. Refused merchandise will incur freight and/or storage charges in addition to a 10% restocking fee.
New Accounts: First-time minimum order is $500 USD. New accounts will be opened at On The Fly Jack Plates ’s sole discretion based upon market conditions and other factors deemed relevant by On The Fly Jack Plates. Each individual resale location must be approved by On The Fly Jack Plates.
Established Accounts: Minimum reorder is $500 USD. Minimum account maintenance is $1500.00 annually. If annual volume is not reached the account will become inactive and may require reassessment and re-activation.
International Orders: If you are interested in becoming an international distributor please contact jwood@ontheflyjackplates.com.
Use of On The Fly Jack Plates Trademarks: During the term of this Agreement, Reseller may indicate to the trade and to the public that it is an Authorized Reseller of the On The Fly Jack Plates. Reseller may also use On The Fly Jack Plates trademarks and trade names to promote and solicit sales of On The Fly Jack Plates if done so in strict accordance with On The Fly Jack Plates’ guidelines. Reseller will not adopt or use such trademarks or trade names, or any confusingly word or symbol, as part of its company name or allow such marks or names to be used by others.
Reseller acknowledges On The Fly Jack Plates owns all right, title and interest in the On The Fly Jack Plates names and logotypes; On The Fly Jack Plates is the owner of certain other trademarks and trade names used in connection with certain product lines and software; and Reseller will acquire no interest in any such trademarks or trade names by virtue of this Agreement, its activities under it, or any relationship with On The Fly Jack Plates.
At the expiration or termination of this Agreement, Reseller shall immediately discontinue any use of On The Fly Jack Plates names or trademarks or any other combination of words, designs, trademarks or trade names that would indicate that it is or was a Reseller of On The Fly Jack Plates.
Relationship: Reseller is an independent contractor engaged in purchasing On The Fly Jack Plates for resale to its customers. Reseller is not an agent or legal representative of On The Fly Jack Plates for any purpose, and has no authority to act for, bind or commit On The Fly Jack Plates.
Reseller has no authority to make any commitment on behalf of On The Fly Jack Plates with respect to quantities, delivery, modifications, interfacing capability, suitability of software or suitability in specific applications. Reseller has no authority to modify the warranty offered with On The Fly Jack Plates. Reseller will indemnify On The Fly Jack Plates from liability for any modified warranty or other commitment by Reseller not specifically authorized by On The Fly Jack Plates.
Reseller will not represent itself in any way that implies Reseller is an agent or branch of On The Fly Jack Plates. Reseller will immediately change or discontinue any representation or business practice found to be misleading or deceptive by On The Fly Jack Plates immediately upon notice from On The Fly Jack Plates.
Product Warranty: The warranty terms and conditions will be as specified in the On The Fly Jack Plates Standard Warranty Policies for a particular product. On The Fly Jack Plates’ warranty is in lieu of all other warranties whether express, implied or statutory including implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING ANY INFRINGEMENT CLAIMS, SHALL COMPANY BE LIABLE TO RESELLER OR ANY OTHER PARTY FOR ANY RE-PROCUREMENT COSTS, LOST REVENUE OR PROFITS OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN INFORMED OF SUCH POTENTIAL LOSS OR DAMAGE.
Compliance with Laws: Reseller agrees to comply with all laws and regulations that are applicable to the business that Reseller transacts. Reseller agrees to indemnify and hold On The Fly Jack Plates harmless for all liability or damages caused by Reseller’s failure to comply with the terms of this provision.
Term, Limitations, Termination: The term of this Agreement is twelve (12) months from the date of acceptance by Reseller and On The Fly Jack Plates. This Agreement shall automatically renew on each subsequent year for a one-year term unless it is terminated earlier in accordance with this Agreement.
On The Fly Jack Plates or Reseller may terminate this Agreement without cause at any time upon thirty (30) days written notice or with cause at any time upon fifteen (15) days written notice, except that neither the expiration nor earlier termination of this Agreement shall release either party from any obligation which has accrued as of the date of termination.
On The Fly Jack Plates may, from time to time, give Reseller written notice of amendments to this Agreement. Any such amendment will automatically become a part of this Agreement thirty (30) days from the date of the notice, unless otherwise specified in the notice.
By submitting a Wholesale Form on the On The Fly Jack Plates website (https://10dzeb-ax.myshopify.com/apps/wpdapp), I acknowledge that I have read, understood, and agree to the Wholesale Terms and Conditions.
By submitting the form, both On The Fly Jack Plates and the Wholesale Dealer mutually agree to the terms outlined in this agreement, effective as of the submission date.