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Statement of Purpose
This Business Practices Policy Manual governs any current and potential
Dealer selling in "brick and mortar" or online through
email marketing or over the World Wide Web.
Terms and Conditions
Brigade Quartermasters does business with authorized Dealers under
the terms and conditions set forth herein. Brigade Quartermasters
rejects any terms and conditions in the Dealer's purchase orders
when they are inconsistent with those of Brigade Quartermasters,
unless specifically agreed to in writing and signed by an officer
of Brigade Quartermasters. Possession of a Brigade Quartermasters
Price List does not constitute an offer to sell. Prices subject
to change without notice. Orders are subject to acceptance.
All Accounts
All existing and potential Dealer accounts are subject to the following
guidelines and procedures. All accounts are required to be registered
as an Internet Account if they conduct business, or advertise
over the World Wide Web. These sites must be approved by Brigade
Quartermasters Marketing Department for quality and distribution
purposes.
New Account Requirements
Prior to any potential account being accepted, the applicant must:
- Complete & Sign
Dealer Application Credit Request
- Submit three or more trade references
- Include
your Opening Order of $500 or more
- Submit a copy of your Resell
License.
The
Dealer Application Credit Request may be submitted online at: http://www.actiongear.com/cgi-bin/tame.exe/agcatalog/hindex.tam or you may contact the Sales Department to: 1-888-276-4700
or
Fax
to 770-419-2895. Dealer Application Credit Request
Brigade Quartermasters has the right and obligation to request
any and all information it deems necessary in rendering a credit
decision. A credit assessment will be made independently by Brigade
Quartermasters Credit Department, and is based on the available
information. In conjunction with this determination, Brigade
Quartermasters reserves the right to: limit the credit granted,
shorten terms, or increase payment incentives to minimize the
potential risk. If open credit is not available, we may request
either send Cash in Advance, C.O.D. or charge on a credit card.
C.O.D. Orders
We accept C.O.D. orders from new Dealers and companies preferring
to order on a C.O.D. basis only. All collections of C.O.D. will
be by cash, cashier's check, or money order unless prior arrangements
are made. C.O.D. orders are accepted from Authorized Dealers
only.
Prices, Terms, Purchase Minimums
For Open Credit terms, a prospective Dealer must place a minimum order of $500. Opening Orders for accounts paying by credit card or C.O. D. is $250.
COD orders must include three trade references. There are no discounts allowed on COD or Credit Card orders.
Standard Open Account payment terms are 2% 10 days, Net 30 days
after date of invoice to Dealers in good standing. Prepaid cash
orders qualify for 2% discount allowance.
All prices are net cost F.O.B. Kennesaw at wholesale. Prices are
subject to change without notice. Orders accepted are subject to
prices prevailing at time of shipment.
Quantity Based Pricing
Products are offered to Dealers at tiered pricing based on quantity.
Generally, orders for less than 5 each of a single item are priced
higher due to warehouse handling charges.
Dealers who purchase more than $5,000 within a 12 month anniversary
period will receive our best quantity discount price.
Dealers who become inactive after 12 months are required to place
new order of $250 and to submit updated trade references for reestablishment
of credit terms.
Minimum Re-Order - $150. Order for less than this are charged
$15.00 service charge or normal retail prices.
Ordering
Please use our complete product codes for all items if possible.
Be certain to indicate color and size code (if applicable). Full
product descriptions are acceptable. Due to computer controls,
orders entered and already sent to the warehouse cannot be altered
or added to in any way. Requests for additional items will be
treated as a new order.
Competitive Bidding Stocking Dealers
Brigade Quartermasters does not open or provide pricing to prospective
Dealers who intend to respond to competitive bids issued by any
organization. Dealers are required to stock Brigade Quartermasters
merchandise prior to competing on public bids.
Freight Policy
All shipments are F.O.B. Kennesaw, Georgia
From time to time, Brigade Quartermasters may offer or agree
to different discount and terms; title still passes to retailer
at
the point of the shipping warehouse. Delivery to the commercial
carrier constitutes delivery to the Dealer. Shipments under $5,000
net are shipped via commercial carriers providing good service.
All truck shipments are sent "Freight Collect." Small
package shipments are sent UPS or via other services providing
consistent service with freight and insurance costs being prepaid
and added to the invoice. Discounts are not allowed on freight.
Advertising Price/Suggested Retail Pricing
Brigade Quartermasters, Ltd. furnishes suggested retail prices.
Products purchased from Brigade Quartermasters should be sold
at or above suggested retail price. You must receive approval
as described in "Use and Approval of Logos and Trademarks," for
use in advertising.
Order Placement and Acceptance
Orders from NEW ACCOUNTS MUST BE SIGNED BY AN AUTHORIZED OFFICER
or EMPOWERED REPRESENTATIVE OF THE CUSTOMER. We prefer a customer's
actual Purchase Order form. All Dealers should submit written
purchase orders to insure accuracy of information and pricing.
We assume no liability for confirming purchase orders not properly
identified by the Dealer.
Order Cancellation
The Credit Department may hold or cancel an order(s) for non-payment
of Account Receivables; if the credit line is in full use; if
there are indications of poor financial performance; if there
is insufficient information; or if there is any indication of
an adverse condition. Any waiver or tolerance to any or all of
these conditions in the past does not guarantee waiver in the
future. All cancellations or revisions must be made in writing
and received at least two weeks prior to the requested shipping
date. A 15% handling charge plus all other incurred costs by
Brigade as a result of refused shipment for any reason other
than Brigade's error will be charged to the account.
Order Fulfillment
Brigade Quartermasters will ship merchandise to the Dealers. We
do not "DROP SHIP" product directly to consumers.
Restricted Products
Dealers selling products online will assume all responsibility
for knowing and following all laws regarding the shipment of
restricted products. Dealer/ Seller will assume any responsibility
for products shipped unlawfully.
Consignments
Brigade Quartermasters does not enter into consignment agreements.
All shipments are made against bon-fide purchase orders.
Statements
Statements are sent out monthly. If you have questions or comments
about charges, please call the Credit Department at (770) 428-1248
extension 254. Or you may write to Brigade Quartermasters,
Ltd. 1025 Cobb International Drive, Kennesaw, GA 30152-4300. If we
are not notified within 60 days after the billing date, we
will assume that all the charges are valid and correct. If an item
appearing on your statement was billed on terms longer than
45 days (total days from invoice date to due date is more than 45
days) and proof of delivery is required, it must be requested
of us before the invoice is due. If "proof of delivery" is
requested beyond the shipper's ability to provide proof, we
defer to our standard terms of sale as F.O.B. will apply and
the retailer
must file a claim with the carrier. Payment to Brigade Quartermasters
is required regardless of the status of the claim.
Interest On Late Payments
Past due account balances will be assessed interest at 1 1/2 (18%
annual) per month on all amounts that are 30 days past the original
invoice date; however no interest will be charged if payment
is received before the 45th day after the invoice date.
Returns/Refusals/Damage Allowance
Dealer shall have (10) ten days after receipt of merchandise to
notify Brigade Quartermasters in writing of any merchandise being
defective or damaged or otherwise not in conformance with the
purchase order. All returns, whether defective or not, must be
pre-approved by Brigade Quartermasters' management; and accompanied
by a pre-approved, valid, written Return Authorization (RA) Form
with the RA number clearly marked on the outside of the shipping
container. Authorizations are good for 30 days. All returned
merchandise must be shipped prepaid via United Parcel Service
from point of origin. Returns not shipped prepaid will be refused.
Charges for Returned Merchandise
Any request for return of excess merchandise must be approved by
Brigade Quartermasters prior to making any return. We will work
with a Dealer as appropriate for the circumstance, but we do
not regularly accept the return of saleable goods. Each return
must have a valid written Return Authorization (RA). We
access a 15% restocking charge for non-defective merchandise
returned
in new condition and in original undamaged packaging free of
all Dealer's price markings. An additional 15% charge, or actual
cost to put in new, saleable condition, whichever is greater,
will be made if the return merchandise requires refurbishment,
replacement, repair, or repackaging. All returns are inspected;
and if valid, returns will be credited at the original invoice
price.
No shipments may be refused by the
Dealer. A shipment that is "late" or "not
as ordered" must be accepted and returned.
Brigade Quartermasters reserves the
right to "discount" invoices
for a damage allowance in lieu of single item returns on "first
quality, full price" merchandise. No returns should come
directly from a customer to Brigade Quartermasters. Consumer
disputes, or
issues arising out of perceived manufacturing or material defect
must be addressed on the retail level. Consumers should not contact
Brigade Quartermasters directly.
EXCEPT FOR THE LIMITED WARRANTY TO REPLACE OR CREDIT DEFECTIVE
MERCHANDISE UPON PRE-APPROVAL BY BRIGADE QUARTERMASTERS STATED
ABOVE, BRIGADE QUARTERMASTERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Refunds
From time to time, credits may be issued, or an overpayment made,
creating an overall credit balance. To request a refund, write
to Brigade Quartermasters, Ltd. 1025 Cobb International Drive,
Kennesaw, GA 30152-4300, Attention Credit Department Refund.
Brigade Quartermasters reserves the right to offset outstanding
balances. If funds are held as security against shipments,
any "at
once and future orders" may be cancelled in compliance
with the refund request.
Audit
Brigade Quartermasters will not honor any "Audit" type
claims where-by a review of purchase orders or other materials
result in deduction or debit billing for claimed errors that
are more than six months old.
Use and Approval of Logos, and Trademarks
Brigade Quartermasters Ltd., its Divisions and Subsidiaries, owns
or controls various rights to trademarks, trade names, commercial
symbols, slogans, emblems, logos and insignias, (collectively,
the Trademarks.) These Trademarks are our most valuable assets!
We vigorously defend our rights with respect to the Trademarks
for our own, our customers', and the consumers' protection. All
use and means of use, (for print, audio, video, email broadcast,
or Internet posting) must be registered with Brigade Quartermasters
and pre-approved. Approval covers use, quality of material, production,
and copy. Failure to apply for and receive permission for such
use may result in a termination of our Dealer relationship.
Use of Intellectual Property
Brigade Quartermasters owns or controls all intellectual property
found within the catalog and on the web sites including product
photos, other photos, and text, (collectively, Intellectual Property.)
All use and means of use, (for print, audio, video, email broadcast,
or Internet posting) must be registered with Brigade Quartermasters
and pre-approved. Approval covers use, quality of material, production,
and copy. Failure to apply for and receive permission for such
use may result in a termination of our Dealer relationship. Brigade
reserves the right to request that Dealers remove all or in part
Intellectual Property used on the Dealer web site. Dealers may
not use Brigade Quartermasters' Intellectual Property to promote,
sell, or advertise products purchased from entities other than
Brigade Quartermasters, Ltd.
Use of Web site Content
Dealers are not authorized to take images, content, Intellectual
Property or Content from Brigade Quartermasters' Internet Sites
without express written approval by Brigade Quartermasters.
Brigade Quartermasters may at its own discretion provide Dealers with
Trademarks and/or Intellectual Property (images and/or text)
for products purchased from Brigade Quartermasters. Dealers
may supplement product information provided by Brigade Quartermasters
with additional text and images but must receive permission
from Brigade Quartermasters prior to promotion. Dealers may not use
Brigade Quartermasters' Intellectual Property to promote, sell,
or advertise products purchased from entities other than Brigade
Quartermasters, Ltd. Dealers cannot use web site content to
duplicate the "look and feel" nor co-brand the Brigade Quartermasters
web sites.
Dispute Resolution
Any notice of a dispute regarding billing, deliver, or quality
of merchandise not covered by Brigade Quartermasters policies
stated above, (returns, non receipt cancellations etc.) must
be sent in writing to Brigade Quartermasters, Ltd. 1025 Cobb
International Drive, Kennesaw, GA 30152-4300, Attention Credit
Department.
Any uncorrected violation of the terms and conditions outlined
may result in the severance of the Dealer relationship. These terms
are subject to change or modification. Notice of any change may
be requested in writing by writing to our corporate office at Brigade
Quartermasters, Ltd. 1025 Cobb International Drive, Kennesaw, GA
30152-4300.
Click
Here to download a PDF document of the
"Brigade Quartermasters Business Practices Policy Agreement". Print
the document, fill it out and sign it in the appropriate places. The
completed document may be mailed to:
Brigade Quartermasters, Ltd.
1025 Cobb International
Drive
Kennesaw, GA 30152-4300
Attention: Sales Department
Or you may fax the completed document to 770-419-2895,
Attention Sales Department.
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