APEX DEALER TERMS AND CONDITIONS OF SALE
Applicable to All Resellers of Apex Optics Products
1. Prices & MAP: Apex Optics reserves the right to change prices of its products at any time, and to alter, amend, or change the dealer agreement. Orders will be invoiced using prices and terms of this agreement in effect at time of shipment. Applicant shall abide by minimum advertised price (MAP) guidelines provided for Apex branded products when applicable and must not advertise prices to the general public via any medium below MAP without express written consent of Apex Optics. Apex Optics reserves the right to alter or change MAP at its sole discretion.
2. Freight: Freight charges will be invoiced to the applicant unless applicant requests billing directly to applicant’s account in writing on each purchase order (PO). All Apex Optics shipments are shipped without insurance unless specifically requested by the applicant’s purchase order. All additional fees caused by insurance or other specialty shipping instructions will be billed to the applicant.
3. Orders and acceptance: All orders are subject to acceptance and approval by Apex Optics.Apex Optics will not be liable for failure or refusal to accept any order, nor for failure to fulfill any accepted order. In the event that this agreement is terminated, pending POs will automatically be cancelled.
4. Damaged merchandise/shortages: Damaged merchandise must be noted on delivery receipt. Receipt with notations must then be forwarded to Apex Optics within 72 hours for claim handling IF insurance has been purchased by the applicant. If a shipment is found short, the applicant must notify Apex Optics within 72 hours of receipt of goods. Shortages claimed after 72 hours of receipt will be denied and the full amount invoice will be due in accordance with the payment terms agreed upon between Apex Optics and the applicant.
5. Title & Risk: Title and risk of loss pass to the applicant at the point of shipment, which is defined as the moment custody or control of freight is transferred to a 3rd party carrier or shipper, whether selected by the applicant or Apex Optics. If freight is lost, damaged, or destroyed enroute to applicant’s location, there is no remedy expressed, implied, or offered by Apex Optics unless freight insurance has been requested in writing and purchased by the applicant.
6. Past due balances/credit: Apex Optics does not ship to customers with a past due balance. Upon failure to pay any indebtedness owed to Apex Optics, when due, Apex Optics may declare all remaining indebtedness immediately due and payable. If applicant’s debt extends past more than 90 days, applicant agrees to pay all expenses associated with the collection of the debt. Such expenses might include, but are not limited to, attorney and collection agency fees, court costs, and travel expenses for Apex Optics personnel or its agents. Payment history will be a determining factor for continuing credit.
7. Warranty and returned goods: Apex Optics warrants that all of its branded products are covered for any defects in materials and workmanship for life. This warranty does not cover intentional/neglectful damage, or “Acts of God”.
8. Contingencies: All agreements and commitments are contingent upon a lack of strikes, labor troubles, fires, floods, accidents, wars, riots, civil commotion, sabotage, government actions, economic conditions, acts of God, or other acts beyond our control.
9. All terms and conditions are governed by applicable Canadian laws.