THE USA WHOLESALER AND RETAILER
THE USA WHOLESALER AND RETAILER
Bubi wholesaler and retailer prices are measured in United States dollars (“USD”). All charges are prepaid before the distribution of the product. Bubi is not responsible for current foreign conversions, and the Reseller will absorb any additional costs that Reseller accrues as a result of currency changes. Unless otherwise approved by Bubi in writing, the wholesaler may not sell Bubi products at a price which is more than twenty percent (20%) higher than Bubi’s designated United States manufacturer- suggested retail price for the corresponding products.
Bubi does not allow a wholesaler to sell online, except with explicit written permission.
First-time minimum order is Seven Hundred and Fifty Dollars ($750.00) USD per brand. Products must be ordered in case quantities of sixteen (16). A completed wholesalers/reseller application must be submitted to email@example.com. New accounts are opened at Bubi’s sole discretion based upon market conditions and other factors deemed relevant by Bubi. Each resale location must be approved by Bubi. Please allow up to 2-4 weeks for a reply.
Wholesalers minimum reorder is three Hundred Dollars ($300.00) USD per brand. Product orders are in case quantities of sixteen (16). Minimum account maintenance is Three Thousand Dollars ($3,000.00) annually. If annual volume is not reached, the account will become inactive.
All wholesalers with previously established accounts that have not met the minimum annual maintenance or have not placed a reorder within three months of last order will become inactive. To be reinstated, inactive accounts will be subject to reassessment and may be reopened at Bubi’s sole discretion.
BUBI WHOLESALER PAYMENT TYPE:
Wholesaler and retailer Bubi merchandise and applicable freight charges will be invoiced to a wholesaler when order is processed. We require pre-payment by credit card for all orders. We do not accept C.O.D. orders. Wholesale accounts are charged at the time orders are sent to the warehouse for processing. Accounts will be emailed a receipt once the order is paid, which will indicate that the warehouse is processing the order to prepare for shipment. Processing time can vary per order.
We reserve the right at any time to suspend or change credit terms provided 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, Bubi may withhold all subsequent deliveries until the wholesale account is settled in full. For any invoice inquiries and requests, contact firstname.lastname@example.org.
ORDER PROCESSING TIME:
For orders in the Bubi water bottle stock, the processing time is 5-10 business days. Changes and/or edits to an order must be made within 24 hours of the submitted order. Any changes requested after 24 hours cannot be guaranteed.
CLAIMS & RETURNS:
All requests 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. Failure to submit a claim within the stated time constitutes acceptance of the goods as is. No returns accepted without authorization from a Bubi representative. If you have received a defective product, wholesaler or reseller must send a description and photos of the defective products to Sales@bubibottle.com to file a claim. Reseller is responsible for reporting/filing claims on behalf of their customer any issues with the bubi water bottle.
Reseller agrees that it will not manufacture, purchase, distribute, advertise, promote, display offer for sale, or sell any bottle that competes with, is an imitation of, or is otherwise confusingly similar to, any Bubi product while Reseller maintains an active account with Bubi or otherwise advertises, promotes, offers for sale, or sells Bubi products. Reseller agrees that it will not purchase Bubi products from any source other than from Bubi.
COMPLIANCE WITH LAWS:
Bubi will be solely responsible for complying with all laws concerning Bubi’s fulfillment and shipping of orders and the offering of Bubi’s product for sale in-store and online. Also, Bubi will timely notify wholesale accounts in writing if any such law impacts Reseller’s ability to advertise, market, sell or distribute any product handled by Bubi or otherwise impacts Bubi’s performance under this agreement. Reseller is responsible for providing Bubi with information related to Reseller’s country-specific customs or importation regulations. Provided Bubi is aware of Reseller’s country-specific customs or importation regulations, Bubi will timely work with Reseller to ensure all goods are delivered adequately to Reseller.
The Reseller may not assign, delegate, or otherwise transfer to any entity any of its rights or obligations under this agreement or any order without Bubi’s 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 Bubi 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 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 Bubi HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH.
The wholesaler must pick up their ordered inventory from Bubi’s International warehouse located in China, we will provide the address. Please provide any special shipping instructions or guidelines at the time of the confirmed order. Buyer shall be responsible for filing damages with the carrier for the unlikely and unfortunate event of damage occurred in transit.
DAMAGES. PROVIDED, HOWEVER, THE PREVIOUS 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 Florida without regard to the internal law of Florida regarding conflicts of law, and the federal and/or state courts in Florida will have exclusive jurisdiction over any actions or suits relating thereto.
The business relationship between Bubi and each wholesaler is “AT WILL;” that is, Bubi 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 every part of this agreement, is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection in addition to that. 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 additional capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever. Moreover, wholesaler and Bubi, 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.
WHOLESALE ENTIRE AGREEMENT:
This agreement and any order constitute the full understanding of the parties, a total 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, regarding the subject matter hereof, 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.
All orders are subject to the acceptance of Bubi. Bubi bottles may only be sold at locations approved in writing by Company. Bubi water bottles may only be sold to consumers and not to third-party distributors. Transfer of Bubi bottles to unauthorized retail dealers or unauthorized locations is prohibited. The business relationship between Bubi and each Reseller is “AT WILL;” that is, Bubi is free at any time to choose those with whom it wishes to deal. Moreover, Bubi reserves the right at any time to terminate the relationship for any reason whatsoever.
Bubi’s International Reseller Terms and Conditions are hereby agreed to and acknowledged.