WHOLESALE AGREEMENT

  • IMPORTANT NOTE: Wholesaler's agree that ALL 3rd party sales are restricted and to ensure that no third parties, as in business customers it sells to for the purposes of reselling Products including the Wholesale, will sell via any third party forums such as Amazon, EBay or any other such sites not directly owned or controlled directly by such third party. Wholesaler will ensure that such third party businesses will follow all rules, regulations of Astone and Wholesaler Agreement.
  • This wholesale purchase "AGREEMENT" is between:
    Astone Fitness Ltd. www.astonefitness.com ("Company")
    - And -
  • Whereas: Wholesale Purchaser wishes to buy from Company at a discounted wholesale price and sell Company's products via retail and/ro internet sales outlets, and where Company wishes to grant Wholesale Purchaser such rights.

    Therefore: The following are the terms and conditions of this Agreement.

    Requirements:

    • Wholesale Purchaser may sell Company Products for more money than Company sells to end users but must not sell any of Company's products for less than Company's current prices on www.thehumantrainer.com (or any other website which Company may switch to in the future provided official notification to Wholesale Purchaser of such switch). Such current prices may change from time to time and both Company and Wholesale Purchaser agree that after 15-days of notification from Company, Wholesale Purchaser must ensure prices are not less than Company's new, then current prices found at www.astonefitness.com
    • Notifying Whole Purchaser at the following email address shall constitute proper "Notification"
    • Notifying Company at the following email address [email protected] shall constitute proper Notification.
    • Wholesale Purchaser can return any products to Company within 180 days from product delivery provided products are returned in the same condition as when they were received and provided there are no shipping costs incurred by Company. Returns will also be subject to a 5% restocking fee.
    • Company will refund Wholesale Purchaser once Company receives said returned package or product. Wholesale Purchaser will refund the customer directly
    • Company's end user warranties will be honored, although Company's warranty only applies for customers that contact Company directly and not via the Wholesale Purchaser.
    • Should there be a dispute pertaining to this Agreement it shall be ruled by a professional arbitration organization or Act in either the province of British Columbia, Canada or California, USA to be selected at Company's sole discretion, with the expenses of said arbitration to be borne by Wholesale Purchaser.
    • Company retains the right at all times to terminate this Agreement and refuse Wholesale Purchaser the right to see Company's products at any time provided Company purchases back all Company products remaining in Wholesale Purchaser's inventory at the same price as Wholesale Purchaser purchased it for. In such a case of termination Company agrees to pay all such reasonable ground freight shipment costs to return Company products to any address of Company's choice. However, wholesale Purchase will ensure products are loaded onto such freight truck for return.
    • Wholesale Purchaser recognizes that the potential damage which can be done to Company's business and Company's reputation and the financial impact upon Company due to breach of this Agreement for which Wholesale Purchaser would be responsible for.
    • Wholesale Purchaser recognizes the right to and that Company urges Wholesale Purchaser to, retain private legal advice with respect to this Agreement and Wholesale Purchaser has either done so or waived such right.
    • Wholesale Purchaser agrees not to bid on any brand names, trade names and trademarks whether pending or otherwise via any pay per lick form of advertising.

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