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Terms and
Conditions
1. Qualification for Warehouse Distributor
Initial
buy in is $10,000.00. All Warehouse Distributors (W/D’s or customer) are
required to order and receive at least $40,000.00 in merchandise per calendar
year. Failure to meet this requirement may result in termination of W/D status.
Applying WD's must meet our definition of a "legitimate business". To that end
we may require copies of states tax numbers and applicable business licenses.
2. Orders
No order
will be considered to be accepted by Probe Industries until that order leaves
our plant and an invoice is issued.
3. Price
Changes
While
every attempt will be made to forewarn W/Ds of impending price changes, please
note that ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
4. Terms
of Sale
Probe
Industries normal terms of sale are COD certified funds. Qualifying W/Ds may
receive terms of Net 10th Prox on approval of credit. Our closing date is the
end of the calendar month. All shipment invoiced and shipped from Probe
Industries prior to the end of the month must be paid by the 10th of the
following month. Any outstanding balance must be paid by the end of the month to
avoid delinquency.
Credit
memos will be deducted from the gross amount due. Monthly statements will
provide the application of those credits.
No cash
refunds will be given against open credit balances. Any credit balances must be
offset by future purchases.
All costs,
charges, and other fees related to export shipments and/or letters of credit
shall be borne by the customer.
Checks
returned, for any reason, will be assessed a $15.00 fee.
5.
Credit Hold
Any
account with one or more invoices remaining due, after 30 days from the due date
(end of the prior month), will be placed on credit hold until the entire account
is current. If you have multiple accounts at Probe Industries, all accounts will
be placed on credit hold until all are current.
6.
Freight Policy
Probe
Industries will ship, freight free, any order with an invoiced value exceeding
$3,000.00 to any customer within the continental United States of America.
Shipments to Alaska and Hawaii, U.S. territories, and foreign countries will be
shipped freight free to the point of embarkation, as long as the minimum
invoiced value exceeds $3,000.00us. All other shipments are F.O.B. Probe
Industries.
7. Drop
Shipments
Permanent
drop shipments are allowed at no additional cost. All other drop shipments will
be charged a service fee at our current rate.
All
shipments will be billed directly to the customer, subject to our normal payment
terms.
No
C.O.D. shipments or C.O.D. for freight only shipments are allowed.
All
requests for drop shipments must be in writing on customer approved letterhead
with purchase order. No “verbal” drop ship requests will be honored.
8.
Claims and Returns
Buyer
is deemed to have accepted the Products unless notice of rejection is given
within a reasonable time, which is agreed to be within seven (7) days after
buyers receipt of product. Buyer waives any right to invoke rejection or failure
of acceptance thereafter.
Claims of
damage or loss in transit must be made directly with the carrier.
No return
of Product will be accepted by Probe Industries without prior authorization,
which will be issued at Probe Industries sole discretion. Returned Product must
be in the original shipping cartons, and must be complete with all packing
materials. All Products for return must be freight prepaid. Package must be
marked with RMA number as supplied by Probe Industries.
Returned
products must be in “as new” condition. Product which is “nicked, scuffed,
scratched, dinged” or in any way damaged will not be accepted for return.
All
returns are subject to a 20% restocking fee.
9. Stock
Adjustments
Stock
adjustments are allowed totaling 3% of the prior years sales. No offsetting
order is required. Stock adjustments will be assessed a 20% restock fee on the
amount exceeding 3% of the prior years sales.
Stock
adjustments will be completed via credit memo to be applied against future
purchases, no checks will be issued.
An RMA
number is required. Submit your request via fax, e-mail, or verbally.
Returned
products must be in “as new” condition. Product which is “nicked, scuffed,
scratched, dinged” or in any way damaged will not be accepted for return.
Adjusted
product must be listed in the current Probe Industries catalog. Discontinued
product is not eligible for restock.
10. Mail
Order/Internet Advertising Policy (MAP)
It
is the requirement of Probe Racing Components, Inc. that all Jobbers, Warehouse
Distributors, and Mail Order Companies advertise all Probe Industries products,
in all publications (print or internet), including your own, no lower than
“List” - 15% as published by Probe Industries. Further, prices published in all
trade publications, including your own, may reflect no pricing lower than
“Jobber” - 5%. This caveat does not apply to any publication intended for
dissemination to retail accounts.
If lower
than prescribed prices are published, the violating distributor will lose their
W/D status and not be eligible for discounts. In addition, we will remove those
distributors from our warehouse referral system.
Our price
structure allows for a fair profit to Warehouse Distributors and Jobbers, and we
are fully intent on maintaining that structure. To that end, Probe Industries
will continually monitor advertising to confirm compliance.
It is our
desire, within this policy, to ensure our Jobber and Distributors a healthy
margin of profit while protecting all of our customers, and to preserve the
integrity of our company.
11.
Agreement to Terms and Conditions
We assume
that you indicate your agreement with these Terms and Conditions by entering
into a business arrangement to purchase product from Probe Industries.
12.
Changing Terms and Conditions
As
conditions change in the marketplace it may become necessary to modify our terms
and conditions. Therefore we reserve the right to make changes to these terms
and conditions without notice.
13.
Special Notice
Probe
Industries reserves the right to, at any time or without prior notification or
liability, change or improve the design of any product, add products or
discontinue products. Any such acts will not give rise to an obligation to
accept returns of (except those returns specifically provided for herein) or to
update the design of any such prior products.
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