Vendor Terms and Conditions

Vendor Terms and Conditions

LEASHLOCKET, LTD. VENDOR TERMS AND CONDITIONS WITH MINIMUM ADVERTISED PRICE (MAP) POLICY

The following Terms and Conditions apply to all Vendors (hereinafter referred to as “Vendor”) that engage in purchasing product(s) from LeashLocket, Ltd., a Colorado Limited Liability Company, at 2442 South Downing Street, Denver, CO 80210 (hereinafter referred to as “LL”).  Both Vendor and LL collectively shall be hereinafter referred to as the “parties”.  To prevent confusion as to what Terms and Conditions apply to any given transaction, Vendor agrees that these Terms and Conditions shall apply each and every time that Vendor purchases product(s) from LL, unless otherwise agreed to and stated on LL’s Proposal which is signed by Vendor.  These Terms and Conditions may be altered from time-to-time and will be available on LL’s website on this page ( www.LeashLocket.com/vendorterms) .  It is Vendor’s responsibility to review and agree to the current Terms and Conditions each time Vendor places an order with LL.

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following:

1.     International Importers: LL shall retain title of all purchased goods until full payment in United States Currency is received by LL.  Goods shipped or delivered are F.C.A. China, unless otherwise stated on LL’s Proposal, and risk of loss passes to Vendor upon the earlier of delivery, or placement with a carrier.  Vendor shall pay all applicable taxes and shipping costs in addition to insurance to cover the goods until they reach their destination.

2.     If no payment terms are stated on LL’s Proposal, then payment is due at the time Vendor receives an invoice from LL.  By accepting delivery of the goods, Vendor agrees to pay the invoiced cost for those goods, and agrees to be bound to terms contained herein and those contained in LL’s Proposal.

3.     Payments on an open account shall be applied to the oldest invoices first.  If payment is not received by LL according to the terms of this agreement and/or LL’s Proposal, then any past due balances shall begin accruing interest at the rate of 18% per annum from the date payment becomes past due.

4.     LL shall not be liable to Vendor for any incidental, consequential or special damages, interest, costs or expenses, or for loss of use, loss of data or lost profits or wages, whether or not LL knew such damages might be incurred.  LL’s liability in all cases is limited to refunding the lower of the purchase price or the resale value of the goods at the time of return, at LL’s option.  LL will not refund amounts paid for services rendered.

5.     LL will accept return of non-conforming goods, only when returned in original condition and packaging.  Returns may be subject to a restocking fee of 25% of the invoice price, at LL’s discretion.  Special Order items are non-returnable.  Vendor shall pay all shipping costs for returns under manufacturer’s warranties.  There shall be no allowance for returned goods pursuant to these Terms and Conditions, unless stated on LL’s Proposal.

6.     LL’s remedies for non-payment of an invoice shall include, in addition to all other remedies provided by law, the right to repossess any goods in the possession of the Vendor which were ordered from LL, as title to said goods would not have passed to Vendor.  Vendor shall surrender said goods upon demand to LL or LL’s agent.

The following is LL’s Minimum Advertised Price (MAP) Policy, to which all Vendors shall abide:

A.     LL is a manufacturer, importer and supplier of pet products and Vendor is a distributor or dealer and re-seller of pet products and or other consumer products.  Only approved dealers or distributors are authorized to re-sell LL products. 

B.     To ensure fair pricing and an orderly marketplace, Vendor agrees not to advertise any LL products at a price lower than LL’s minimum advertised price, which shall be 20% below LL’s Retail price for each of LL’s products, as listed at www.LeashLocket.com/leashlocket-products (hereinafter referred to as MAP).  MAP refers to all published, advertised or publicly posted prices, regardless of the manner communicated, whether it be by electronic mail, postcard, flyer, radio or television, billboard, magazine, trade journal, newspaper insert, website banner or similar ad, webpage, facsimile, mailings, telemarketing calls, or any other form of advertising.  MAP does not apply to non-advertised prices.  Vendor is free to set its own prices and may sell products at any price.  The restrictions contained herein only apply to advertising, marketing, publishing or broadcasting prices for public dissemination.

C.     LL shall determine MAP for all LL products at its sole discretion.  MAP may be adjusted by LL at any time, without notice or liability.  LL reserves the right to suspend its MAP policy and will notify all distributors and or dealers in such instance. 

D.     It is strictly prohibited for any distributor, dealer and/or re-seller to list for sale, directly or indirectly, on any internet auction site (such as eBay), and on any other third party sites, including but not limited to, Yahoo, Amazon, and Buy.com, without the written approval of LL.

E.     Vendor is responsible for all advertising of their customers and or re-sellers and shall be held liable for any violations of this MAP agreement by such customers and or re-sellers.

F.     Failure to abide by the terms of this MAP agreement may result in termination of Vendor’s status as an approved dealer or distributor.  LL shall notify Vendor of the Vendor’s breach of this agreement and if Vendor does not correct the breach within 24 hours after notice, then LL may bring an action in court seeking an injunction against Vendor, in addition to any damages LL incurs.

G.     Any dispute arising from this agreement shall be governed by Colorado law, and both parties agree that venue shall be proper in Denver County or District Court, Denver, CO, USA.  Both parties agree that if court action is taken, the prevailing party shall be entitled to recover from the losing party all costs in connection with such action, including but not limited to, collection costs, court costs, attorney fees and interest.