Wholesale Dealer Terms And Conditions
Modway designs and imports modern furniture for sale around the world, with a heavy focus on attainable luxury while never compromising on quality of construction.
In an effort to promote good trade, dealer agrees to:
GOOD WILL: Dealer shall use its reasonable best efforts to promote the good will and name of Modway and do everything within its capacity to further the interests of Modway and the retail sale of the Products.
DROP SHIPPING: Modway will drop ship orders without an additional fee to the dealer.
RETURNS: Modway requires a Return Merchandise Authorization (RMA) number be issued before accepting a return or replacement. Once returned item is counted and inspected at our warehouse, credit or refund will be issued by Modway. Returned items have a time limitation of 30 days from original purchase and return shipping must be pre-paid by customer if item was not defective. All returns must be made in original packaging.
INSPECTION: signature upon manifest, bill, or -Received by acknowledges receipt of merchandise in full and in good condition by any authorized agent of the customer named. Any damages MUST be noted on the bill of lading or manifest at the time of delivery upon inspection.
CLAIMS: A claim must be filed with customer service notifying them of any defective, missing parts/hardware or damaged merchandise within three (3) business days of receipt.
Modway will repair or replace damaged or defective goods (provided the damage is caused by manufacturer defect or error) at no additional charge. If a return is desired instead of replacement, the Returns clause applies and there may be a restocking fee and Modway's initial shipping and handling costs will be deducted from the credit.
LATE PAYMENTS: No new orders will be shipped if account has outstanding invoices over forty-five (45) days. The customer will be in default of this Agreement if any order is not paid within thirty (30) days. If your PO/Invoice is not picked up within 1 week or is cancelled once the PO/Invoice is in our warehouses, the total amount oldie PO/Invoice is subject to a 10% cancellation fee
LATE CHARGE: A 1.5% monthly service charge will be added to any account over thirty days due. Any account in arrears cannot be paid by credit card. Credit card payment is only accepted on current balances due. If the dealer customer does not pay Modway under the terms set forth therein, dealer agrees to cover any and all Modway's attorney's fees and court costs incurred in collecting the amounts due from dealer.
GOVERNING LAW: This document shall be interpreted and construed according to the laws of the State of New Jersey.
CONSENT TO JURISDICTION: Any lawsuit based upon any cause of action arising between the parties whether under this agreement or otherwise, shall be brought in the court of record in Middlesex County, NJ and each party consents to the jurisdiction of these courts in any legal proceeding, and waives any objection which they may have to venuing any legal proceeding in these courts, including any claim that the legal proceeding has been brought in an inconvenient forum.
WARRANTY: Modway warrants that its products will be free of defects and materials in workmanship for a period of one (1) year on all products.. Modway will replace any product which does not meet this express warranty. Products are not warranted against regular wear and tear, nor are said to be of fitness fora particular use. EXCEPT FOR THIS EXPRESS WARRANTY, MODWAY MAKES NO WARRANTIES. EXPRESS OR IMPLIED. CONCERNING THE PRODUCTS COVERED BY THIS AGREEMENT OR ANY AGREEMENT WITH CUSTOMER INCLUDING. WITHOUT LIMITATION. ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, OR AGAINST INFRINGEMENT. CUSTOMER HEREBY WAIVES ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT) THAT IT MAY HAVE AGAINST MODWAY FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR EXPENSE CAUSED BY THE PRODUCTS.
Personal Guaranty: The undersigned guarantor hereby unconditionally and absolutely guarantees to Modway and its assigns the full faithful and prompt performance, payment and discharge by the above -named applicant of all of the terms and conditions of this Agreement and any or all other agreement(s) or contract(s) hereafter executes' by the said applicant.