STANDARD TERMS AND CONDITIONS OF SALE
Import Order Notes
Shipping & LTL rates will be added to the order and charged at the best available rates at that time.
All orders will be charged and paid in full approximately two business days before shipping.
Once an order has been charged, there are no refunds.
The undersigned Authorized Dealer Agreement is being made between JBPM Group LLC dba Dynamic Outdoor
Living Solutions (hereafter referred to as the “Company”) and the dealer (hereafter referred to as the “Dealer”).
PAYMENT OPTIONS: Prepayment - The company will accept prepayment for orders by certi ed check or wire
transfer. Credit Card - Visa, MasterCard, AMEX and Discover are accepted. Credit Cards will be billed before
shipping. On certain promotions (ie. Early Buys, Special Orders, etc.) a deposit may be required to place an order.
Service and Warranty - The Company requires that Dealer maintain warranty service to all the Company products
sold by Dealer with an in house Technical Service Department or trained Technical Service sta member. The
warranty on the Company products does not include labor reimbursement rate. Approved replacement parts will
be shipped to the Dealer at no charge within the continental United States. Please submit a warranty claim for
reimbursement including pictures and a description of the issue.
Prohibited Acts - The Dealer shall not engage in any unfair, anti-competitive, misleading, or deceptive practices
regarding the Company, the Products, or the Trademarks. The Dealer shall not make any modifications to the
Products, including their labeling, packaging, or bundling, or market, distribute, or sell the Products other than in
the form and packaging or bundling as delivered by Supplier under this Agreement. The Dealer shall not resell the
Products to any federal, state, or local government or political subdivision or agency thereof, without express
written approval from Supplier. The Dealer shall not resell the Products to Company’s Afliates.
Changes In Products - The Company may make changes to the packaging, product specications, color or any
other aspect of the products with or without notice to the Dealer.
Acceptance or Rejection of Purchase Orders - The Company may, in its sole discretion, accept or reject any
purchase order by responding to the order with an acceptance or a rejection (whether by written confirmation or
rejection, invoice, email, or otherwise) or by shipping the Products, whichever occurs first. If the Company does not
accept a purchase order issued hereunder within ve (5) days of Dealer’s receipt of the order, the order will be
deemed rejected. No order is binding on the Dealer unless accepted by Company as provided in this Agreement.
Order Cancellation or Changes - The Dealer may, in its sole discretion, without liability or penalty, cancel or
amend any purchase order accepted by Company hereunder, in whole or in part: if Supplier discontinues its sale or
production of the Products; or if Supplier determines that the Company is in violation of its payment obligations
under or is otherwise in breach of this Agreement.
The Company may request changes to an accepted purchase order by submitting a written change order request
to the Dealer via email. The Company may, in its sole discretion, accept or reject any change order request. Within
ve (5) days after receiving a change order request, the Company shall notify the Dealer if the Company accepts the
Dealer’s change request and, if accepted, any Purchase Order Transaction Terms impacted as the Company shall
determine in good faith. The Dealer shall pay all fees associated with redirection of the Products.
The Dealer may cancel any purchase order submitted by it within one (1) day following the order date without
penalty; as long as the product has not shipped out. Thereafter, upon the Company’s cancellation of a purchase
order, the cancellation shall be subject to a cancellation fee before discounts and rebates, as follows: if made from
day 2 through day 30 following the order date, the penalty shall be 30% of the invoiced amount. Any cancellations
while the order is in transit to the Dealer are subject to a cancellation fee, before discounts, rebates, and shipping
cost, of 35% of the
Shipment and Delivery - Any time quoted for delivery is an estimate only and the Company is not liable for any
loss or damage arising from any delay in delivery. No delay in delivery relieves the Dealer of its obligations to accept
delivery of Products ordered hereunder. The Company may, in its sole discretion, without liability or penalty, make
partial shipments of Products, each of which constitutes a separate sale, and the Dealer shall pay for the products
shipped, whether the shipment is in whole or partial fulfillment of a purchase order.
Inspection and Acceptance - The Dealer shall immediately inspect Products received from the Company. The
Dealer is deemed to have accepted the Products upon delivery unless within two (2) days after delivery it notices
the Company and furnishes written evidence or other documentation as required by the Company that any of the
Products are missing, damaged, defective, do not conform to the specifications, or otherwise do not conform to the
make/model number/UPC/SKU listed in the applicable purchase order. If the Dealer so noti es the Company, the
Company shall determine in its sole discretion whether the Products are nonconforming. If the Company
determines the Products are nonconforming, then the Company shall in its sole discretion and at its expense
replace or repair the Products or credit or refund the price paid by the Dealer for the Products, together with all
shipping expenses previously incurred by the Dealer in connection therewith. The Dealer shall ship at the
Company’s expense and risk of loss, all Products to be returned, or replaced under this Section to such location as
instructed by the Company. If the Company exercises its option to replace the Products, the Company shall after
receipt of the returned Products ship to the Dealer, at the Company’s expense and risk of loss, the replacement
Products.
Limitation of Liability - In no event: shall the Company be liable for consequential, indirect, incidental, special,
exemplary, punitive, or enhanced damages, lost profits or revenues, loss of data, or diminution in value of the
Dealer’s business, arising out of or relating to any breach of this Agreement, regardless of: whether the damages
were foreseeable; whether or not Supplier was advised of the possibility of the damages; and the legal or equitable
theory (contract, tort or otherwise) on which the claim is based; shall the Company’s aggregate liability arising out
of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence),
or otherwise, exceed the total of the amounts paid by the Dealer and amounts accrued but not yet paid by the
Company for the Products with respect to which a claim is made.
For Full Terms. Please see your dealer aggrement.