U.S. Reseller Wholesale Terms & Conditions
PRICING: All prices are wholesale and offered to the domestic trade only. Please coordinate with your sales representative or refer to our most recent line sheet or the wholesale section of our website.
CHANNELS OF SALES: Our products may only be sold direct to consumers and not to third-party distributors unless explicit written permission is given.
NEW ACCOUNTS: First-time minimum order is $250 USD. New accounts will be opened at Bourbon Cousins sole discretion based upon market conditions and other factors deemed relevant by us. Each individual resale location must be approved by us directly.
ESTABLISHED ACCOUNTS: Minimum reorder amount is $150.00 USD.
PAYMENT TYPE: Accounts will be emailed an invoice with a link to our website’s secure checkout page to make their credit card payment. Merchandise and applicable freight charges will be charged when the order is being packed to ship. We require payment by credit card. We accept Visa, Mastercard, American Express, and Discover. We do not accept C.O.D. payment. An order confirmation email will be sent signifying your order is being prepared to leave our warehouse. Processing time can vary per order. After the first three orders have been by paid by credit card, accounts that purchase a minimum of $1000 per year, may be considered for Net 30 terms on a case by case basis upon credit approval.
PAYMENT TERMS: A $30 fee will be imposed for returned checks. We reserve the right at any time to suspend or change credit terms if your account standing becomes past due. A failure to pay invoices when due will make all subsequent invoices immediately due and payable irrespective of terms. Additionally, Bourbon Cousins may withhold all subsequent deliveries until the account is settled in full.
ORDER PROCESSING TIME: For orders in stock, the average processing time is 3-5 business days.
BACKORDERS: If an item is not in stock, it will go on backorder and be sent out automatically when restocked. The buyer is responsible for canceling backorders if the item is no longer desired. For order changes, please contact firstname.lastname@example.org. Refused merchandise will incur freight and/or storage charges in addition to a 10% restocking fee.
SHIPPING: U.S. orders ship via UPS Ground or USPS. Should you have a carrier of preference, please be sure to specify at time of order placement. Freight charges apply and will be added to the invoice upon processing. Please provide any special shipping instructions at the time the order is placed. Buyer is responsible to file damages with the carrier in the unlikely event of damage occurs.
CLAIMS & RETURNS: All claims for exchanges or returns must be made within 14 days of receipt of goods with photographic evidence. Merchandise purchased for future use must be inspected upon receipt. Accepted claims and returns of our products include any evidence of damaged goods on arrival. Failure to make a claim within the stated time constitutes acceptance of the goods as is. No returns are accepted without authorization from a Bourbon Cousins representative.
ASSIGNMENT: The reseller may not assign, delegate, or otherwise transfer to any entity any of its rights or obligations under this agreement or under any order without Bourbon Cousins’ written consent. For purposes of and without limiting the foregoing, a change of control of Reseller will be deemed to constitute an assignment (or purported assignment) of this agreement by Reseller.
LIMITATION OF DAMAGES: In no event will either party be liable to the other party for any punitive, special, incidental or consequential damages of any kind (including but not limited to lost profits, business revenues, business interruption and the like), arising from or relating to the relationship between Bourbon Cousins and reseller, including all prior dealings and agreements, or the conduct of business under or breach of this agreement or any order, cancellation of any order or orders or the termination of business relations, regardless of whether the claim under which such damages are sought is based upon breach of warranty, breach of contract, negligence, tort, strict liability, statute, regulation or any other legal theory or law, even if reseller or Bourbon Cousins has been advised by the other party of the possibility of such damages. Provided, however, the foregoing will not limit the specific rights and remedies expressly provided in this agreement.
FORUM SELECTION; CHOICE OF LAW; STATUTE OF LIMITATIONS: This agreement, and any and all disputes arising under this agreement or relating hereto, whether sounding in contract or tort, will be governed by and construed in accordance with the laws of the State of Ohio without regard to the internal law of Ohio regarding conflicts of law, and the federal and/or state courts in Ohio will have exclusive jurisdiction over any actions or suits relating thereto.
The business relationship between Bourbon Cousins and each reseller is “AT WILL;” that is, Bourbon Cousins is free at any time to choose those with whom it wishes to deal. The parties hereto expressly understand and agree that each party is an independent contractor in the performance of each and every part of this agreement, is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith. Neither party nor its agents or employees are the representatives of the other party for any purpose and neither party has the power or authority as agent, employee or any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever. Moreover, both parties reserve the right at any time to terminate the relationship for any reason whatsoever without penalty upon at least with 30 days’ advance written notice to the other party. This agreement may not be modified without the express written consent of both parties.
ENTIRE AGREEMENT: This agreement and any order constitute the full understanding of the parties, a complete allocation of risks between them and a complete and exclusive statement of the terms and conditions of their agreement. All prior agreements, negotiations, dealings and understandings, whether written (including any electronic record) or oral are superseded by this agreement. Furthermore, if there is a conflict of terms between this agreement and an order, this agreement will be the controlling document.
Bourbon Cousins U.S. Reseller Terms and Conditions of Sale are hereby agreed to and acknowledged.