DEALER APPLICATION
These Dealer Terms & Conditions outline the agreement between PlashLights and its dealers regarding the sale and distribution of our high-quality marine products. By entering into a dealer agreement with PlashLights, you acknowledge and agree to the following terms:
1. Product Availability: PlashLights will provide dealers with access to our inventory of marine and offroad products. Dealers must ensure that they maintain adequate stock levels to meet customer demand. PlashLights reserves the right to limit the quantity of products available to dealers based on inventory levels and market conditions. While PlashLights makes every effort to keep all items in stock, high demand sometimes results in an item being on backorder. In the event that an item is on backorder, PlashLights will notify the Vendor within 24 hours with an estimated availability date.
2. Pricing and Discounts: Dealers will receive a predetermined discount off the retail price of PlashLights products. Pricing is subject to change based on market conditions, and dealers will be notified of any changes in advance. Dealers are prohibited from selling products below the established minimum advertised price (MAP) set by PlashLights.
The MSRP is the Minimum Advertised Price (MAP) that PlashLights products may be advertised for. Each Dealer is free to independently decide whether or not to follow the MAP policy and therefore remains free to advertise PlashLights products for sale at a price it deems appropriate. However, in the event the Dealer advertises the products for less than the MAP, PlashLights will without assuming any liability remove the Dealer from the Authorized PlashLights Dealer list and as such the Dealer will no longer be able to place any orders with PlashLights. The one exception to MAP pricing is for short period of sales on legitimate major public holidays. During these periods, a ten percent discount may be offered by the Dealer for a period of no more than three days. Abuse of this policy will also be deemed a breach of the MAP policy.
3. Order Placement: Dealers must place orders through the designated ordering system provided by PlashLights. Orders must be submitted by 1:00 PM (CST) for same-day shipping. Orders placed after this time will be processed the following business day.
4. Drop Shipments: At PlashLights sole discretion, PlashLights may drop ship orders direct to the customer for Vendors. Only a packing list will be sent to the customer, all invoices and sales receipts will be sent directly to the Vendor. There will be a $5 charge for drop shipments plus the actual shipping cost. All shipments will be shipped ground, unless specified otherwise by the Dealer. International shipments may be fulfilled upon request. Additional fees may apply.
5. Payment Terms: Dealers are required to adhere to the payment terms specified in their dealer agreement. Payments must be made promptly to avoid delays in order processing. Late payments may result in suspension of dealer privileges.
6. Shipping and Handling: PlashLights will handle all shipping and logistics for dealer orders. Shipping costs will be calculated at the time of order placement and will be the responsibility of the dealer. Dealers must report any shipping discrepancies within 2 business days of receipt.
7. Returns and Exchanges: Dealers are responsible for managing returns and exchanges with their customers. PlashLights will accept returns from dealers for defective or damaged products within 30 days of purchase. All returns must be accompanied by a receipt or proof of purchase.
8. Marketing and Promotion: Dealers are encouraged to promote PlashLights products through various marketing channels. However, all marketing materials must be approved by PlashLights prior to distribution. Dealers must adhere to brand guidelines and ensure that all promotional content accurately represents PlashLights products.
9. Fitness for Purpose: PlashLights products are designed to provide supplementary or additional lighting and are not a replacement for factory installed or legally required lighting. It is the Dealer's responsibility to ensure that installation of the product complies with all applicable laws, codes, statutes, and regulations of their jurisdiction. PlashLights in no way warrants or represents that the products are acceptable for use on a vehicle or for any other use in any jurisdiction. All products are used at the customers own risk and PlashLights does not warrant, imply, or represent that the products are suitable for any purpose. Dealers cannot make any claims to the contrary.
10. Termination: Either party may terminate the dealer agreement with written notice. Upon termination, dealers must cease all use of PlashLights branding and return any unsold inventory to PlashLights within 30 days.
11. Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the state of Texas. Any disputes arising from this agreement shall be resolved in the appropriate courts of Texas.
By entering into a dealer agreement with PlashLights, you confirm that you have read, understood, and agreed to these Dealer Terms & Conditions.