U.S. Reseller Terms & Conditions 2017

PRICING: All prices are wholesale and to the domestic trade only

MINIMUM ADVERTISED PRICE REQUIREMENT: Resellers are required to maintain MSRP in all advertising, print, web and media exposure. The MSRP for Fresh Cab is: 10 oz (4 pouches) $14.50; 2.5 oz $5.95; Stay Away Pest Repellent 2.5oz (1 pouch) $6.50; 5 oz (2 pouches) $7.95.  Please refer to the catalog/order form for MSRP on new introductions.

ONLINE SALES: EarthKind does not allow retailers to sell online (due to the regulatory nature of Pest Control + customer support needs)  except with explicit written permission. This includes retailer’s own website, Amazon.com, or any other online marketplace.

Regulatory Requirements: All retailers must adhere to 25B and FIFRA State and Federal regulatory guidelines for sale of EarthKind Repellents. EarthKind is not liable if retailer makes false claims, or sells the product in a way that is inconsistent with its labeling, and EPA licensed sales territory.

NEW ACCOUNTS: First-time minimum order is $125.00 USD. Products must be ordered in case quantities. A completed retailer application must be submitted through earthkind.com/wholesale. New accounts will be opened at EarthKind’s sole discretion based upon market conditions and other factors deemed relevant by EarthKind. Each individual resale location must be approved by EarthKind. Please allow up to 2-4 weeks for a reply; response time may vary seasonally.

ESTABLISHED ACCOUNTS: Minimum reorder is $125.00 USD. Products must be ordered in case quantities. Minimum account maintenance is $2,500.00 annually. If annual volume is not reached the account will become inactive.

INACTIVE ACCOUNTS: Previously established accounts that have not met the minimum annual maintenance or have not placed a re-order within 3 months of last order will become inactive. To be reinstated, inactive accounts will be subject to reassessment and may be reopened at EarthKind’s sole discretion.

CUSTOM ORDERS: EarthKind does not do custom or private label at this time

INTERNATIONAL ORDERS: All international sales for resale are managed by EarthKind. For more information contact globalsales@earthkind.com.

Those items for shipment to countries outside of the U.S. may be subject to taxes, customs duties, and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.   The buyer or recipient of the shipment agrees to adhere to the United States Export Administration Regulations.  Diversion contrary to U.S. Law is prohibited.

For products shipped internationally, product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country.  The buyer or recipient of the shipment is responsible for assuring that the product can be lawfully imported to the destination country.

PAYMENT TYPE: Merchandise and applicable freight charges will be invoiced when order is processed. We require pre-payment by credit card for the first 3 orders, after which Net 30 terms are available upon credit approval. We do not accept C.O.D. orders.

PAYMENT TERMS: A $30 fee will be assessed for returned checks. We reserve the right at any time to suspend or change credit terms if your account becomes past due. Failure to pay invoices when due will make all subsequent invoices immediately due and payable irrespective of terms. Additionally, EarthKind may withhold all subsequent deliveries until the account is settled in full. For any invoice inquiries and requests contact: accounting@earthkind.com.

Customers who pay by credit card will be charged at the time orders are sent to the warehouse for processing.  Accounts will be emailed a receipt once the order is paid, which will indicate that the warehouse is processing/packing the order to prepare for shipment.  Processing time can vary per order.

ORDER PROCESSING TIME: For orders in stock, processing time is 5-10 business days. Changes to an order must be made within 24 hours of the order being submitted. Any changes requested after 24 hours are at EarthKind’s sole discretion.

BACKORDERS: If an item is not in stock, it will go on backorder and be sent out automatically when restocked. The buyer is responsible for canceling backorders if the item is no longer required. Refused merchandise will incur freight and/or storage charges in addition to a 10% restocking fee.

SHIPPING: U.S. orders ship via UPS Ground. Freight charges apply and will be added to invoice upon processing. Please provide any special shipping instructions or guidelines at the time the order is placed. Buyer shall be responsible for filing damage claims with the carrier if the goods are damaged in transit.

CLAIMS & RETURNS: All claims for exchanges or returns must be made within 14 days of receipt of goods with photographic evidence. Merchandise purchased for future use must be inspected upon receipt. Failure to make a claim within the stated time constitutes acceptance of the goods as is. No returns are accepted without authorization from a EarthKind representative. Retailer must submit the EarthKind Damage Form and photos to customercare@EarthKind.com in order to file a claim. Retailer is responsible for reporting/filing claims on behalf of their customer.

NON-COMPETITION: Reseller agrees that it will not manufacture, purchase, distribute, advertise, promote, display offer for sale, or sell any product that competes with, is an imitation of, or is otherwise confusingly similar to, any EarthKind pest repellent while Reseller maintains an active account with EarthKind or otherwise advertises, promotes, offers for sale, or sells EarthKind repellents.

All orders are subject to the acceptance of EarthKind. EarthKind brands [Stay Away & Fresh Cab] may only be sold at locations approved in writing by EarthKind. EarthKind brands  may only be sold to consumers but not third party distributors, unauthorized retail dealers or unauthorized locations. The business relationship between EarthKind and each reseller is “AT WILL”; that is, EarthKind is free at any time to choose those with whom it wishes to deal. Moreover, both EarthKind and the reseller have the right at any time to terminate the relationship for any reason whatsoever.