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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.