Wholesale Terms and Conditions

WHOLESALE AGREEMENT

Terms and Conditions

All sales made by Tattoo Vape Premium E-Juice (Hereafter referred to as Tattoo Vape and/or Company or Seller) to you (Customer) are governed by the following terms and conditions of sale unless otherwise indicated by Tattoo Vape Premium in writing. Please read the following terms and conditions thoroughly before submitting your application for wholesale pricing. Please do not submit the wholesale application unless you understand the terms and conditions and agree to abide by them. Tattoo Vape reserves the right to amend or modify these terms and conditions of sale at any time at its sole discretion. Seller shall not accept a Customer purchase order unless and until customer consents to these terms and conditions of sale and completes the wholesale application. These terms and conditions of sale as set forth in this document supersede the terms and conditions of customer’s purchase orders(s) and will govern all transactions between Customer and Seller. These terms and conditions of sale also apply to all future transactions unless modified in writing and signed by seller and customer.


Wholesale Payments

Orders are processed through the Tattoo Vape website. Payment is due by Customer at time of purchase. Tattoo Vape does not accept COD or personal checks. In the event that online ordering is not available or impossible, orders can be processed by phone or email with payment due by debit or credit card at the time of order.


Wholesale Shipping

Orders will be shipped via USPS or alternate route at the Customer request and expense. Tattoo Vape will attempt to accommodate rush orders and special requests. Please contact us for current processing times. Specials or very large orders may take longer than normal to process. Shipping date estimates are available, however Tattoo Vape is not responsible for delays caused by mail/freight carriers or circumstances beyond our control.


Defective Merchandise

Customer is responsible for inspecting shipments and products upon receipt. Any merchandise with visible damage must be noted immediately to Tattoo Vape and to the carrier service upon receipt. Customer shall notify Seller in writing within 5 days of receipt. Seller is not responsible for shortages when shipments are redirected or intercepted by a third party.

Acceptance of Late or Defective Merchandise

Customer’s failure to provide written notice of a claim within five days, as set forth in these terms and conditions of sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.


E-Juice Return Policy

E-Juices cannot be returned unless damaged or wrongly shipped. Due to the nature of vapor products, the Seller cannot resell or refurbish the product for resale, and therefore cannot accept returns for non-damaged items as to prevent tampering of our products, which offers added protection for the end user. The Seller shall not be liable for defects resulting from goods being stored or used where unsuitable environmental conditions prevail or which have been subject to abnormal degrees of temperature, humidity, light, strain or other treatment.

Changes to Pricing & Products

Prices, both retail and wholesale, are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. The Seller reserves the right, at its sole discretion, to change ingredients, packaging and included documentation. All orders are subject to availability.

Minimum Advertised Pricing (‘MAP’) Policy

Reseller agrees that all sales of Company products will be retail sales, and Reseller will make no sales to any person or entity if Reseller believes or has reason to believe that the purchaser intends to re-sell such products.  Although Reseller remains free to establish their own retail prices, Reseller agrees that they will not advertise (in any form) any Company product at a price lower than Company’s listed Retail Price of $22.00 USD or the equivalent country currency, also known as MAP, for such product, which will include no multiple unit discounts.  This pricing may be modified from time-to-time by Company in its sole discretion.  Bundling or including a free or discounted product with a Company product covered by this MAP Policy or offering the inclusion of any applicable taxes or other incentives that effectively reduce the advertised price below that of the single unit MAP would violate this policy and is not permitted, with the exception of Company approved advertising of product specials that are offered to all customers/resellers of Company product.

Non-Disclosure & Confidentiality

Tattoo Vape wholesale prices and price sheets are confidential, and for the use of the Customer only. Publishing or revealing the wholesale pricing of the Seller’s product line outside of the business of the Customer is strictly forbidden without prior written consent from the Seller. Failure to preserve the Seller’s confidentiality in its wholesale pricing will result in the immediate and permanent termination of wholesale status of the Customer. The Seller reserves the right to seek compensation for any loss or damages that would result from any breach of confidentiality.

Disclaimer of Warranties

Seller cannot be held responsible for variations in color or shade of product or packaging between lots/batches. Merchandise Seller hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchantability and fitness for particular purpose. All such warranties are hereby disclaimed and excluded from any and all transactions between Customer and Seller and shall not apply to products sold by Seller.

Internet Advertising Policy

Reseller agrees not to sell Company products on Public Websites including but not limited to EBay and Amazon.com without written permission from Company.  Company’s products must be sold on the specific website named in this agreement by the Reseller.

US Only Sales

Reseller agrees to sell the Five Pawns Premium Signature Vapor Liquids only to customers who reside in the United States.  Sales outside the United States are prohibited and are a breach of this Agreement.

Use of Company Name and Trademarks by Reseller

The Company name and any other names, including products, as may be adopted by Company are proprietary trade names and trademarks of Company.  As such, these marks are of great value to Company and may be used by Reseller only in an expressly authorized manner.  Reseller acknowledges Company’s rights in such trademarks and that Reseller shall acquire no ownership and/or title to the marks. Under no circumstances may Reseller use any Company name, product name or implied company/product name or any confusingly similar name in registering any domain name or as part of any URL.

Indemnification

Reseller will indemnify and hold Company harmless against and from any claim, demand, liability, damage, loss, or expense (including but not limited to reasonable attorney fees and court costs) arising or alleged to arise in connection with or resulting from Reseller’s operations and business practices or unauthorized representations or actions.  This provision shall survive termination of this Agreement.
Reseller may not re-label or alter the labels on any Company product, information, materials or programs in any way.  Reseller may not re-bottle or repackage, add any liquids, nicotine or ingredients or refill any Company product.  Such altering, re-labeling or re-bottling/repacking may violate international, federal and/or state laws, which could result in severe criminal penalties as well as civil penalties.

No Liability for Outside Vendors

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

Acts of God and Other Uncontrollable Circumstances

Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

Sales of Imitation Tattoo Vape Products

Tattoo Vape is committed to raising the bar with unique and new product introductions. To protect our retail partners and brand, Tattoo Vape will not tolerate any products imitating Tattoo Vape products including (but not limited to) e-liquids, marketing materials, displays, verbiage in sales collateral, or any product Tattoo Vape considers to be an imitation of our products or brand. Tattoo Vape holds the right to terminate any reseller or distributor who violates this agreement.

Limitation of Liability – Company warrants and guarantees its products against defective products or liquids.  HOWEVER, OTHER THAN THE AFOREMENTIONED WARRANTY AND GUARANTEE, AND In particular but without limitation, there shall be no express or implied warranties of merchantability, fitness for a particular use, or non-infringement to the fullest extent permissible under applicable law.  COMPANY will in no event be liable to Reseller or anyone else for direct, indirect, consequential, incidental, special or punitive damages that arise out of the business relationship contemplated herein, or under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions related thereto whether or not Company KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Reseller agrees that Company has made no representations to Reseller with regard to any guaranteed performance or sales of Company’s products.   Reseller agrees that Company has made no representation to Reseller with regard to the rights to the continuation of the business relationship or the continuation of any of Company’s brands or products, any of which may be changed or discontinued at Company’s absolute discretion.  This section shall survive either termination or cancellation of the business relationship contemplated herein.

Governing Law, Jurisdiction and Venue – Jurisdiction and venue shall reside exclusively in Saginaw County, Michigan.  The law of the State of Michigan shall govern all other matters relating to or arising from this document.

Right to Amend – Company expressly reserves the right to amend and/or change in such ways as it deems necessary in its sole discretion any of the terms contained herein.

Use Of Materials

All materials published on the Tattoo Vape website, packaging and promotional materials are protected by copyrights which are owned and controlled by Tattoo Vape Premium E-Juice or the party credited as the provider of the material. The entire contents of these documents are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. No material from this website or any website owned, operated, licensed, or controlled by Tattoo Vape, product packaging, or other promotional documentation may be copied, reproduced, republished, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership rights by downloading, printing or reproducing any copyrighted material. The use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Tattoo Vape or the other designated owner of a posted mark.

Misc.

These terms and conditions of sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these terms and conditions of sale shall not constitute a waiver of such right or provision. You agree that regardless of any state or law to the contrary, any claim or cause of action related to these terms and conditions of sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of sale are for convenience only and have no legal or contractual effect.

Samples

Tattoo Vape Premium E-Juice does not provide free samples.  However, we will offer wholesale prices on your first order of 5 bottles to try our flavors.

General Terms:

Force Majeure – Company shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control.  This includes, without limitation, acts of God, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, errors or omissions by Company employees, or government decrees or orders.

Waiver – The failure of Company to exercise any rights contained herein or the failure of Company to insist upon strict compliance with any obligation or provision hereunder shall not constitute a waiver of the Company’s right to demand exact compliance therewith.  This provision deals with the concept of “waiver,” and the parties agree that Company does not waive any of its rights under any circumstances.

Entire Agreement – These Terms and Conditions set forth the entire Agreement and understanding between Company and Reseller as to the subject matter hereof, and merge and supersede any and all prior discussions, agreements and understandings of every kind and nature.  In the event of any conflict between the terms and conditions stated on Reseller’s purchase order and this Agreement or any terms and conditions on Company’s invoice, Reseller agrees that the provisions of this Agreement and Company’s invoice shall control.

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