Functional Nutriments Terms & Conditions for Non-Exclusive Wholesale Accounts Including Minimum Advertised Price Policy

 

Accounts:

Functional Nutriments, LLC ("Functional Nutriments") sells our products to Distributor, Retailer and Wholesaler accounts that, include but are not limited to: (i) Distributors of Veterinarian hospital supplies and Pet Shop products; (ii) Retail Pet Shop Chain Stores; (iii) Veterinarians and any practitioner or pet healthcare facility duly licensed to practice Veterinary medicine; and, (iv) Retail Outlets that maintain a physical "brick and mortar" location principally engaged in providing pet related retail products and services to pets and their caretakers ("Account(s)"). Functional Nutriments sells Products to Accounts on a non-exclusive basis at established Price Lists and reserves the right to change Price Lists and stop such sales at any time.

Internet Sales Policy:

Internet sales of Products in compliance with Functional Nutriment's Minimum Advertised Price (MAP) policy are permitted where the Account is clearly identified as the seller: (i) on a single website operated exclusively by an Account; or, (ii) through United States third-party sites including, but not limited to Amazon and E-bay. Selling Products on discount, cross-marketing, close out and auction sites are prohibited.

Returns:

Due to the nature of the product, Functional Nutriments does not accept returns of merchandise.

Cancellation:

Orders may be cancelled prior to shipping of inventory within (3) days of placing order. All requests for cancellation must be made in writing and faxed to: 1-808-442-7298

Shipping & Handling:

All orders are shipped FOB Connecticut and are subject to appropriate shipping & handling fees. If free shipping is provided, the method of shipment is at the discretion of Functional Nutriments. If customer is using their UPS, FED EX or other courier services for shipping charges, then no handling fee will be required. All customs, duties and taxes for international orders are to be paid by recipient. All declarations or import licensing required must be provided prior to shipment by the client or their agent.

Payment:

Payment is to be made in full prior to shipping. We accept all major credit cards including MasterCard, Visa, Discover and American Express as well as PayPal, check, cash and wire transfers. There may be a 10-day hold period for all checks prior to shipment. Sales Tax Resale Certificates are required from all Accounts. Appropriate GET will be added for all orders shipped to the state of Hawaii. There is a $35 return check fee on all non-sufficient fund checks.

Distributor Pass-Thru Orders:

If your order is to be billed to a distributor, it is your responsibility to make payment to your distributor. However, if your account is not valid or your order is unable to be processed, you will be required to make payment for your order within 3 business days.

Minimum Advertised Price Policy:

Functional Nutriments Price Schedules have been created exclusively for authorized Distributors, Retailers, and Wholesalers. We value our network of Accounts for its excellent customer service, support, and hands-on expertise delivered along with our Products to authorized resellers and end-users. Functional Nutriments supports advertising in print media, via direct mail and on the Internet as promotional tools for its resellers. In order to alleviate aggressive price shopping and brand degradation as well as to reinforce the advantages of our Products in the areas of quality, as well as service delivered by our Accounts, we have established a Minimum Advertised Price (MAP) Policy.

All Accounts, as well as their network of resellers, are asked to adhere to this MAP Policy. Functional Nutriments has established the following MAP Policy to better reflect our business philosophy and shall be adhered to and enforced by all of its Accounts and their direct or indirect reseller networks and distributors.

  1. The maximum allowable MAP discount will be no more than 30% below the Functional Nutriments Suggested Retail Price (SRP) for each Product. This policy does not establish a maximum price for any Functional Nutriments Product and applies to the SRP published on its Price Lists and on our website at FunctionaiNutriments.com
  2. If an Account wishes to sell Functional Nutriments Products for more than 30% below the Functional Nutriments SRP, the Account must: promote such price "in store"; verbally advise or speak with a customer in person; or, have any potential inquiring Internet customer register their name and contact information and further have the potential customer add the Product to a shopping cart before providing such pricing. Advertising Product prices more than 30% below the Functional Nutriments SRP shall be considered a material breach of this MAP Policy.
  3. The MAP is established by Functional Nutriments for its Products and may be adjusted by us without prior notice at any time. Functional Nutriments reserves the right to modify or suspend the MAP program for its full Product range or by specific Product line by notifying all distributors and resellers of such change in advance.
  4. From time to time, Functional Nutriments may engage in specific promotions of certain Products. In so doing, the MAP Policy continues to apply to SRP prices. In no way does the implementation of a promotional price or discounted price period by Functional Nutriments negate the MAP policy or our Accounts' responsibilities in implementing it.
  5. The intentional or unintentional failure to follow this MAP Policy will result in either the termination of the Account relationship with Functional Nutriments or changes in the purchase Price List structure with Functional Nutriments. Functional Nutriments will not continue in any business relationship with Accounts that do not follow this distribution philosophy and business strategy.

Applicable Law Jurisdiction:

The laws of the state of Hawaii will govern all matters of conflict and/or mediation. Functional Nutriments, LLC reserves the right to pursue suit against any individual, party or company who breaches the Terms & Conditions and MAP Policy outlined above. You hereby submit to bring any legal action against Functional Nutriments, LLC in the US Courts of the State of Hawaii. You also waive to the fullest extent by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.

Trademarks:

Functional Nutriments, LLC holds the trademark for Apocaps®. Nutrocept® and Everpup®. As owners of these trademarks, Functional Nutriments reserves the right to pursue legal action against any unauthorized use of these trademarks as protected by law.