Terms and Conditions
ALL ORDERS FOR Surf-fur PRODUCTS CONSTITUTE ACCEPTANCE OF
THE FOLLOWING TERMS AND CONDITIONS (Effective January 1, 2014)
- COD upon approval (must be express shipped via FedEx)
- Visa, and MasterCard accepted.
- A $25.00 service charge will be added to drop shipment.
- Payment delinquency will result in the refusal of orders.
- Any special discounts, prices or policies that deviate form those shown herein must be approved in writing from Surf-fur representatives.
- Buyer Incentive Program (discounts for “Pre-book” and “Pre-pay” orders only):
- Order date is determined by postmark date or date the order is received by Surf-fur or its representative.
- Adjustments to pre-season orders must be made (30) days in advance of ship date.
- Surf-fur reserves the right to ship up to (20) days prior to the requested ship date.
- Surf-fur will cancel back orders of more than (60) days unless advised otherwise by the dealer.
- All shipments to stores within the state of Hawaii will be charged 1% excise tax.
- All prices are subject to change without notice.
PAYMENT AND PAST DUE ACCOUNTS
- Please remit to Surf-fur, P.O. Box 232058, Encinitas, CA 92023.
- When making payment to Surf-fur, please adhere to the following guidelines;
-write all account numbers on checks
- Attach remittance advice indication invoice numbers that are being paid with your check
- Do not make any deductions from your payments. Should any errors occur on these invoices regarding prices, due dates, etc., notify Surf-fur, Inc. with specific detailed info within 10 days of invoice date. Surf-fur, Inc. will make necessary adjustments to the invoice.
- Accounts that are past due (30) days on amounts over $200 will be put on hold.
- Accounts past due for (90) days will be considered for collections.
- Any invoice paid late constitutes loss of any discounts.
- Purchaser will be held liable for any and all collections costs, attorney’s fees and costs of legal suit relating to purchaser’s breach of this agreement.
- All past due amounts will be subject to a service charge at the highest legal rate plus reasonable attorneys fees if needed to enforce collection.
- Any current shipment will become ineligible for discounts while an outstanding balance remains.
- Checks returned as non-sufficient funds (“NSF”) constitutes loss of any discount for that invoice. A service charge of $25.00 on all or returned checks will be charged to your account; additional bank charges associated with NSF checks will be charged to the purchaser.
FREIGHT ALLOWANCE AND SHIPPING POLICIES
- All shipments are F.O.B Escondido, CA. Delivery to Carrier constitutes delivery to customer. Shipments via UPS Ground or Federal Express. Discounts not permitted on freight charges F.O.B. point of origin. All freight charges will be charged to your account. There will be a $25.00 service charge for all refused shipments.
- Surf-fur shall not be responsible for any claims or damages resulting from any delay in delivery or failure to perform which results from governmental regulations, or strike, lockouts accident, fire, delays in manufacture or transportation, acts of God, alien invasion or any other causes beyond the execution of any contract by any cause, Surf-fur reserves the right to fill this order in proportion to production.
- In the event Surf-fur shall be unable to manufacture any style contained in this order, Surf-fur shall not be liable for non-delivery of such merchandise.
- All orders received by Surf-fur are subject to acceptance by Surf-fur and may be rejected without cause or liability.
- Claims for shipping errors or incorrect pricing must be reported to Surf-fur within 10 days of invoice date and accompanied with invoice showing date of purchase and price paid. No adjustments will be made after 10 days.
- Unless “Ship Complete” is specified on the purchase order, Surf-fur may make partial shipments against purchase orders for all items in stock. Items not in stock will be backordered and shipped out as soon as they become available. Freight charges will apply to all backorders.
- Selling Surf-fur products outside of your physical location is not permitted without written approval.
GRAY MARKET PRODUCTS
- Surf-fur will immediately cease doing business with any retailer that purchases Surf-fur products from sources other than Surf-fur or any business found to be supplying an unauthorized dealer with our products.
- Transshipping of Surf-fur products to non-authorized retailers, distributors, agents or E-Commerce companies and/or selling products over internet “auction” sites is strictly prohibited and grounds for account termination.
RETURN AND REPLACEMENT POLICY
- All returned merchandise must have Return Authorization Number (RA#) on outside of each shipping box, along with original invoice and return address.
- To obtain a RA#, please contact our customer service Department, tel: 858-752-4580.
- Unauthorized return shipments will be refused and returned to sender.
- Authorized returns of saleable merchandise other than shipments made in error, will be subject to a 20% restocking charge plus any applicable freight charges.
- Returns for repair or any services caused by neglect, damage, accident, or improper repair by others will incur a charge for labor, and return freight.
- Surf-fur, Inc. warrants all products to be free of defects in materials and workmanship for a period of one year from the date of purchase.
SPECIAL EVENTS & “EXPOS”
Retailers must obtain prior written approval to sell Surf-fur products at sporting or other outdoor or indoor events.
CHANGES OF LOCATION OR OWNERSHIP AND NEW BRANCH OPENINGS
- Surf-fur requires retailers who are changing location, changing ownership or opening a new branch to obtain your approval from us for Surf-fur product distribution.
- Surf-fur has the legal right to make decisions relating to the distribution of our products relating to geographical areas as well as vehicles of distribution used.
- All dealers are required to submit new account applications to their sales representative when adding new locations or moving locations. All decisions relating to the above are made based on the many variables involved by Surf-fur management on a case by case basis.
- Surf-fur has established suggested retail prices on products as delineated in its retail price lists. Surf-fur will independently monitor compliance with this policy and will discontinue sales to any dealer that fails to adhere to the suggested price lists without written authorization to do so.
- At-once orders will be invoiced at the prices prevailing on the date orders are made.
MANUFACTURER SUGGESTED RETAIL PRICE (MSRP)
To assist our various retailers, we have established guidelines for suggested prices that retailers may charge for an individual product in Surf-fur’s current dealer price list. We believe that charging a price lower than the current published MSRP could result in end users developing a negative attitude towards Surf-fur products. Hence, prices will remain in effect until superseded by a new price listing. Finally, Surf-fur reserves the right to adjust these prices and policies as market conditions warrant. Any dealer that wishes to place a "sale tag" or advertise a "sale price" on Surf-fur products must first send written notification and contact a Surf-fur sales representative before doing so.
For shortage or wrong style, size, and color, claims must be filed with Surf-fur within 5 days after receipt of shipment.
Surf-fur recognizes that distressed merchandise periodically happens and that retailers may not be able to sell it. In such an event, unless you are selling such goods in your own pre-approved outlet, please contact our Sales Manager and indicate which distressed goods you wish to sell (including quantity and product code) and to whom you wish to sell them. Any transfer or sale of such merchandise to any reseller—including retailers that are approved to sell Surf-fur products—may occur only with prior authorization.
TRADEMARK USAGE IN MEDIA & ADVERTISING
- No retailer can offer Surf-fur products for sale via national print advertising, direct marketing catalog, electronically via the internet, or any other media without specific signed authorization from Surf-fur.
- Image style advertising is allowed; however, “call for pricing” in the advertising of Surf-fur products is not allowed.
- Any retailer interested in using Surf-fur trademarks must first contact Surf-fur. Authorized imagery will be sent via email within 7 days of approval.
- Surf-fur product catalogs are in their entirety copyright information and permission to scan images and copy information from these catalogs must be written by permission.
- Anytime you refer to Surf-fur in your catalog or web site, you must use the approved Surf-fur registered trademarks.
- Surf-fur reserves the right to review advertisements to ensure that information is correct.
- Surf-fur approved logos and/or trademarks may be used in the retailer’s catalog and/or on the web site so long as:
- They are not the only brand trademarks represented on the site.
- The use or position of the logos, word marks and/or trademarks does not imply or suggest that the retailer’s brochure, print-advertising, catalog or website are owned or managed by Surf-fur.
- No Surf-fur trademarks may be used in the retailer’s domain name nor may Surf-fur trademarks be excessively used in metatag or any other type of searchable web site identification conventions.
- The retailer will use its best efforts to promote the sale of Surf-fur products in their catalog and/or website by:
- Educating the consumer about Surf-fur products by using Surf-fur approved product descriptions about technology, innovations and function.
- Presenting Surf-fur products in a manner consistent with their nationally advertised images.