Gard’nClean Retail Agreement Terms and Conditions
The Retailer agrees to promote, market, and sell Gard’nClean’s products to the best of its ability. Gard’nClean will allow the Retailer to purchase Gard’nClean’s products for sale, and upon request and as available, Gard’nClean will provide the Retailer with appropriate training, literature, promotional materials, and after-sales support. Ordering & Pricing There is no minimum order requirement. Gard’nClean reserves the right to change products and prices at any time. Retailer may request a price list at any time.
All shipments are F.O.B. destination. Shipments will be made by the best service carrier or under special terms as requested by the Retailer, who assumes any additional cost.
Retailer may purchase products using Visa, MasterCard, Discover, American Express, or Paypal. Payment is due at the time that the order is placed. Product prices are shown on Gard’nClean’s website with less discount, and all prices are subject to change without notice. Prices list can also be provided upon request.
The parties agree that payment of any taxes levied on Gard’nClean’s products purchased or sold by Retailer (other than taxes based on Gard’nClean’s income) shall be the Retailer’s responsibility (including, without limitation, federal, state, local, sales, use, or similar taxes), and Retailer shall report and pay such taxes to the appropriate taxing authority as required by law.
The Retailer must provide an official State Resale Tax Exemption Certificate issued specifically to Gard’nClean. Should the state not provide such a certificate, a substitute may be obtained from Gard’nClean. See Attachment.
Gard’nClean Instruments warrants each product it sells to be free from defects in material and workmanship under normal use and service. See the Warranty Policy document for full details. All warranted items may be returned for repair or replacement only, at the discretion of Gard’nClean.
Purchased merchandise cannot be returned for credit or exchange unless prior authorization is obtained from Gard’nClean. A restocking fee of 25% will be charged. All returns, including credits, exchanges, and warranty or non-warranty repairs must be accompanied by a Return Goods Authorization (RGA) issued by Gard’nClean.
This Agreement may be terminated by either party at any time and for any reason upon giving thirty (30) days prior written notice to the other party.
Limitations on Retailer’s Sale of Products
- Retailer will not sell Gard’nClean’s Products to any third party whom Retailer knows or suspects intends to resell them. Products purchased by Retailer from Gard’nClean are to be sold to consumers.
- Retailer will not market or sell products through Internet auction or retail websites other than its own.
- Retailer is prohibited from advertising the product beneath Gard’nClean’s list price as found on the Gard’nClean website unless written permission is obtained by the manufacturer, or a promotional program is offered by Gard’nClean.
- Retailer agrees to promote Gard’nClean Products using commercially reasonable efforts.
Any violation of the Limitations on Retailer’s Sale of Products will result in the termination of the retail agreement without waiving whatever rights Gard’nClean might have to seek damages, restitution, and/or injunctive relief.
This Agreement will be governed by the laws of the State of Florida. Solely for any disputes related to this Agreement, the Parties consent to the jurisdiction of any state and/ or federal court within the State of Florida.
The Parties agree that neither the waiver by any Party of a breach of or default under any of the provisions of this Agreement, nor the failure of any Party, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.