Coastal Paddle Company Inc.
TERMS AND CONDITIONS
An authorized Red Paddle Co dealer (the “Dealer”) is an entity which has been qualified and approved to sell Red Paddle Co (“Red”) products by a Coastal Paddle Company Inc. (“CPC”) representative. Account approval or renewal is based on various factors including proximity to other Dealers, type of retail outlet, distinct customer base, performance, projected sales volume, and aspects of its physical location. Unless pre-authorized in writing, the Dealer must maintain a brick and mortar retail store with regular hours of operation accessible by the public. The designation as a Dealer is non-transferable and pertains only to the location from which the Dealer operates, and not to any one individual or body corporate. If the Dealer maintains annual calendar sales, the Dealer will be listed on the redpaddleco.com website and will be forwarded any possible leads in their proximity. To maintain status as a Dealer, the Dealer must abide by all terms and conditions as set out herein. CPC reserves the right, at its sole discretion, to discontinue servicing the account of the Dealer in the event the Dealer does not abide by these Terms and Conditions. CPC reserves the right to unilaterally terminate a dealer without cause.
Purchase Orders and Pre-Scheduled Orders
A standard purchase order or pre-scheduled order (collectively, an “Order”) must be made by emailing the Order to your regional sales representative, alternatively orders can be emailed to email@example.com. An Order received by CPC from the Dealer is deemed to be an offer to purchase and may be accepted or rejected by CPC at its sole discretion. When an Order is accepted, it will be confirmed by online order confirmation, phone or email by a representative of CPC. A standard Order will be invoiced on the date the Order is shipped. Accounts in prepay status will be invoiced on the date the Order is placed.
A pre-scheduled Order must be made by no later than September 1 of each calendar year for the following season. CPC will make a reasonable business effort to have a pre-scheduled Order shipped on a date that allows the Order to be delivered on the date requested by the Dealer. A pre-scheduled Order will be invoiced on the date the Order is shipped and payment will be due per established dealer account terms unless by prior arrangement with CPC.
The Dealer must order a minimum of $5,000.00 annually (items ordered under the Demo Purchase Program, as described below, do not qualify towards the annual minimum). In addition, the Dealer is subject to an initial minimum order quantity of $5,000.00 (based on dealer pricing). Once an initial order has been established, the Dealer may order product(s) as required.
Shipping & Freight Discounts
CPC agrees to make reasonable business efforts to adhere to the delivery dates as requested by the Dealer. However, the Dealer agrees and acknowledges that a requested delivery date is not binding on CPC. CPC agrees to exercise care in its selection of carriers and in the delivery of products to carriers. All freight expense charges will be included in the Order invoice to the Dealer and be the sole responsibility of the Dealer. The Dealer shall assume risk of loss or damage to an Order during transportation and hereby accepts to insure the Order for its full value. “Drop shipping” of an Order will be available to a Dealer on special arrangement with CPC and will be subject to an additional charge of $75.00. The Dealer requesting “drop shipping” will assume risk of loss or damage of an Order during transportation. Same day Orders are possible but are subject to a “rush fee” as determined by CPC at the time of the Order.
Order Cancellation and Changes
A cancellation or change request to an Order must be made in writing to a Dealer’s sales representative or to the Sales Department at CPC, and must be received by CPC no later than fifteen (15) days prior to the scheduled shipment date. Cancellation or change requests not received by this date will be subject to a fifteen percent (15%) restocking fee and any applicable freight charges, payable by the Dealer to CPC.
If CPC is unable to fill an Order in its entirety, the out-of-stock items will be placed on backorder and shipped to the Dealer when next available. The Dealer will not be charged for the backordered items until they ship and any freight discounts applicable to the original Order will also apply to the backordered items.
Short Ships and Mis-Ships
Should a delivered order not match the invoiced product, the Dealer is required to notify CPC within 30 days of delivery. Claims made after that period will not be considered.
Account Credit Terms
Existing accounts in good standing:
In Season: Net 30
Pre-Orders: Refer to annual prebook programs for more information.
Credit reference information is submitted as part of Dealer Application. The timing on this process is dependent on credit reference response times. Account credit is at the sole discretion of CPC.
No credit references or insufficient credit references provided with Dealer Application will result in Prepay Account status. A new account in good standing after 1 year will be reviewed for account credit.
NSF returned cheques will result in a $50.00 charge. The account will be placed on shipping “hold” until NSF charges and invoices have been paid in full. Dealer accounts that have outstanding invoices may, at CPC’s sole discretion, have orders delayed and/or credit privileges revoked. Payments may be made by cheque, payable to “Coastal Paddle Company” and addressed to Coastal Paddle Company, Unit 101-39012 Discovery Way, Squamish BC, V8B 0E5. CPC may change or revoke credit terms at any time at its sole discretion.
Any overdue balance owing to CPC by the Dealer will bear interest at the rate of one and a half percent (1.5%) per month (eighteen percent (18%) per annum). The Dealer is liable for any costs incurred by CPC in connection with the collection of outstanding accounts. Quantity discounts are not eligible on overdue invoices.
All taxes required on Orders will be added to the invoice and paid by the Dealer. The payment of local state and provincial taxes are the responsibility of the Dealer.
Third Party Websites
The Dealer may not advertise on a website (a “Third Party Website”) other than the website(s) listed on the Dealer’s application without the express written permission of CPC. For greater certainty, a Third Party Website means, without limitation, all online auction and classifieds websites including, but not limited to, Amazon, Ebay, Kijiji, Craigslist and Jet.com.
Annual Product Knowledge Clinic
The Dealer must commit to a minimum of one product knowledge session per annum. These sessions will be conducted by the Dealer’s sales representative and arranged at a time that best suits the Dealer. Online clinics may be completed via Google Hangout or Skype. A review by CPC of in-store marketing and merchandising of CPC products will be conducted as part of the product knowledge session.
The Dealer agrees to uphold a standard of merchandising as set and deemed acceptable by CPC.
Resale and Transfer of Goods
The Dealer may only sell CPC products to end consumers. The Dealer may NOT resell, transfer or distribute CPC products to distributors, wholesalers, retailers or other Dealers unless pre-authorized in writing by CPC.
Demo Purchase Program
CPC offers a ten percent (10%) below dealer pricing to the Dealer for demo orders (“Demo Orders”). All Demo Orders must be placed with and approved by a CPC representative. Demo Orders are limited to one (1) Red Paddle board per model, per year. All Red Paddle boards purchased through the Demo program are “NOT FOR RESALE”. To be eligible to receive product under the demo purchase program, the Dealer must order 2 units of the same product for retail stock purpose.
CPC warrants all products that are registered (https://redpaddleco.com/register) to be free from defects in workmanship for two years from the date of purchase. This warranty applies only to the original owner for purchases made directly with an authorised Red Paddle Co dealer and is non transferable. All warranty submissions must be submitted through the Warranty Claim Form to be processed (https://redpaddleco.com/en-us/warranty-claim-form). If the issue is found to be caused by a manufacturing defect, CPC will repair or replace the product. CPC reserves the right to determine if a product will be covered under warranty. Normal wear and tear, cosmetic blemishes and damage due to improper use, modification, negligence or transportation are not covered under warranty.
Except where otherwise expressly stated or contemplated herein, these Terms and Conditions constitute the entire terms and conditions between the parties relating to the subject matter contained herein and, supersede any previous terms and conditions or understanding whatsoever whether oral or written relating to the subject matter contained herein.
COASTAL PADDLE COMPANY INC. RESERVES THE RIGHT TO DISCONTINUE THE ACCOUNT OF ANY DEALER WHO DOES NOT ABIDE BY THESE TERMS AND CONDITIONS, WITHOUT WARNING.