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    • Dealer - Terms & Conditions

    This authorized dealer agreement is entered into by and between Deckhand Sports LLC and you to grant you the right to sell, and an authorized non-exclusive retailer of products sold by Deckhand Sports LLC.  This agreement shall remain in effect for as long as the retailer carries Deckhand Sports LLC product.
      

    TERMS & CONDITIONS:

    You shall market, promote and sell Deckhand Sports LLC (as defined herein) in strict compliance with the qualitative criteria set by this agreement and with any other guidelines or standards provided by Deckhand Sports LLC.  By executing this agreement you undertake to:

           i.         purchase Deckhand Sports LLC Product exclusively from Deckhand Sports LLC;

          ii.         sell Deckhand Sports LLC Product only to individual consumers at approved location(s);

         iii.         use point of sales materials provided by Deckhand Sports LLC in accordance with this agreement and instructions from time to time provided by Deckhand Sports LLC.      
     
     

    I.       PAYMENT TERMS & CONDITIONS:

    a.     Payment may be made by credit card, debit card, cashier’s check, company check, or net terms upon credit approval. All payment should be made out to: Deckhand Sports LLC. 

    b.     We reserve the right to charge the dealer’s credit card account on file on the given term amount from date of shipment.

    c.     All returned checks will be subject to a $50 fee and will be reduced on payment terms back to pre-payment, credit card on file.

    d.     Retailers and Dealers agree to pay all collection costs, court costs and legal fees incurred to collect delinquent balances.

     

    II.      GENERAL TERMS & CONDITIONS:

    a.     Dealer’s opening order must be a minimum of $1200 USD.

    b.     All orders are available for Exchange up to 60 days from purchase, upon approval, with a minimum reorder of one for one.

    c.     All Deckhand products must be sold by an authorized dealer for warranty to be valid.

    d.     Deckhand Sports LLC reserves the right to inspect all defective merchandise before making a decision on validity of warranty claim.

    e.     All prices and product are subject to change without prior notice.

    f.       The terms and conditions of this agreement are ongoing and apply to future transactions between Deckhand Sports LLC and the Deckhand authorized dealer.

    g.     Shipping discrepancies or shortages must be reported within 5 days of delivery.

    h.     Freight damage must be reported to the carrier.

    i.       Dealer may not sell Deckhand Sports LLC product at event locations unless prior written permission is granted by Deckhand Sports LLC.

    j.       Dealer may not represent itself as “Deckhand” dealer. Dealer may only represent itself as a “Deckhand Authorized Dealer”.

    III.     MINIMUM ADVERTISED PRICE (MAP):

    a.     Advertising Deckhand products below MAP as set by Deckhand is prohibited unless written consent is granted by Deckhand Sports LLC. Failure to abide by this policy will result in immediate termination as a Deckhand Sports LLC dealer and any/all balance due on payment terms will be charged on credit card on file.

    IV.    RESALE POLICY:

    a.     Retailer shall not sell or otherwise divert Deckhand Sports LLC to any other entity or individual it knows or reasonably believes will resale such product and specifically no Deckhand Sports LLC shall be diverted to any swap meet, flea market, Internet site, or other retailer for resale or exhibition, nor may Deckhand Product be sold in mass quantity, including by lots or bins. Retailer agrees that it will educate its employees regarding this provision. In the event that any Deckhand Product is sold in breach of this Agreement, Deckhand reserves the right to terminate this Agreement in whole or in part and Retailer agrees (without prejudice to any other rights or remedies of Deckhand under this Agreement or otherwise), to reimburse Deckhand for the repurchase or recovery by Deckhand of any such Deckhand Product sold in breach of this Agreement. Deckhand reserves the right to implement and utilize a product traceability system. Deckhand ensures that any information obtained through the product traceability system is handled sensitively, securely and in accordance with applicable law.

     

    V.     INTERNET SALES:

    a.     Any promotion or sale of Deckhand product by retailer over the internet is only permitted from Authorized Websites (see below) provided that such use does not adversely affect the reputation or image of Deckhand Sports LLC.  

    b.     It is required that Authorized Websites comply with the following criteria:

         i.     The technical characteristic and content of each Authorized Website must respect applicable laws regarding privacy and secure payments.

         ii.     Unless prior different authorization is given in writing by Deckhand Sports LLC, each Authorized Website must be an autonomous and independent entity, be directly accessible and not accessed through other sites identified with the name or a logo of third parties, and be free from other sites and shopping networks.  Authorized Websites cannot be structured or linked to sales platforms that use auctions.

         iii.     Images of Deckhand product reproduced on an Authorized Website shall be provided by Deckhand, or must be approved byDeckhand Sports LLC.

         iv.     Deckhand product offered for sale on an Authorized Website may not be second hand or even slightly used.

         v.     An Authorized Website agrees to sell Deckhand product at MAP.

         vi.     Failure to abide this policy will result in immediate termination as an Authorized Website for Deckhand Sports LLC.

    Financial Statement
    Should credit availability be granted all decisions with respect to the extension or continuation shall be the sole discretion of Deckhand Sports LLC. Deckhand Sports LLC may terminate any credit availability within its sole discretion. NOTICE: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, religion, color, national origin, sex, marital status, age, (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the application has in good faith exercised any right under the consumer Credit Protection Act. We certify that the statements made on this application are true and correct. We further declare that We have authority to apply for credit on behalf of the herein business or individuals that herby authorize the above named references to release credit information to Deckhand Sports LLC. Any action arising out of this Agreement must be brought in the State of California, and governed by the law of that local, exclusive of the choice of the law rules of any jurisdiction, and the customer consents to the jurisdiction of such courts.