Wholesale Terms + Conditions
Terms and Conditions:
Buyer(s) consent to the following Terms and Conditions: Mamadoux’ acceptance of Buyer’s order is expressly made conditional on Buyer’s assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the terms and conditions set forth on this proposal, order confirmation, and/or invoice supersede the terms and conditions of the Buyer’s purchase order(s) and will govern all transactions between the Buyer and Mamadoux.
Credit Terms and Defaults:
First-time customers must pay in full to secure an order. Once a retail relationship is established, a non-refundable 50% deposit is required when placing an order. Cancellations will not be accepted after the deposit is received. Once the items are delivered to the Buyer, the net balance is due within 15 days (for repeat wholesale clients). Payments are accepted via check, PayPal, or direct deposit. Payments can be made directly through your Mamadoux.com invoice. It is understood that should the Buyer become delinquent in payment, no further credit will be extended and Mamadoux will charge the Buyer a past due service charge at the rate of 1.5% per month (18% annum), reasonable attorney fees, and all other costs and expenses which may be incurred by Mamadoux in the enforcement of the terms and conditions set forth on this invoice, proposal, linesheet and/order confirmation. Any returned checks will be charged back to the Buyer in addition to a $50 handling fee.
A minimum of 4 units per style must be ordered. Sizes can be mixed to meet the required minimum. First-time orders must total more than $500.
Price breaks are available upon request when placing an order of 100 units or more. Subsequent price breaks are available at quantities of 250 and 500 units per style. Please send price break inquiries to email@example.com before placing an order.
Please inspect all shipments immediately upon arrival. The Buyer must contact Mamadoux at firstname.lastname@example.org within 5 days of receipt of damaged or defective products. Returned merchandise will be replaced with new merchandise. Returned merchandise will not be accepted if it is held for more than 15 days after receipt. An item is considered defective if: rips and/or tears are present, seams are not properly joined, the item is stained, the item is not pre-packaged in an individual poly bag, or item is not the same SKU as ordered. Slight variations in color and print-placement may occur and will not be considered defects.
The Buyer will be responsible for all freight charges. Buyer must provide shipping account information before the items are sent. All shipping fees will be charged to the Buyer’s UPS or FedEx account at the time of shipment. If the Buyer does not provide shipping account information, all freight charges will be added to the final invoice. Shipping will occur within 2 weeks of placing an order, or within the Buyer's requested delivery-window. Mamadoux will not be held responsible for any delays in shipment caused by the carrier or due to events beyond Mamadoux’ control.
Generally production takes 6-8 weeks, but additional time may be required on larger orders. Mamadoux shall not be responsible for delays or failure to deliver the ordered products if such delay or failure to deliver arises out of causes beyond Mamadoux' control. Such causes may include, but are not limited to: acts of God, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, severe weather, and acts or omissions of subcontractors or third parties ("Force Majeure").
Notwithstanding anything to the contrary contained in this Agreement, no party to this Agreement shall be liable for any consequential or punitive damages of any kind or nature whatsoever, or any lost income or profits arising out of breach of contract, even if advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen.
Reverse Engineering/ Reproduction:
The Buyer shall not copy, duplicate, distribute, modify, record, or otherwise reproduce or manufacture any conceptualized or finished designs which are considered Intellectual Property of Mamadoux. The Buyer shall not allege to have manufactured the products themselves. The Buyer shall not reverse engineer, disassemble or de-compile any prototypes, components, fabrics, finished clothing items, or other tangible objects that embody Mamadoux' confidential information and that are provided to the Buyer for sample or sales purposes.
Buyer is not permitted to download or utilize these product shots for retail or marketing purposes, unless given written authorization from Mamadoux. If you would like to purchase the product shots for e-commerce, catalogue, or promotional/ marketing material, please request by emailing email@example.com.
Mutual Non-Disclosure Agreement:
It is the intention of the parties to work together for their joint betterment, and in doing so it is envisioned that they will become familiar with confidential information about each other’s business operations. Both parties have therefore agreed to enter into this mutual Non-Disclosure Agreement. This Agreement shall be governed by the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, in the Regional Office convenient to the Party filing the dispute, and judgment upon the award rendered by the arbitrators may be entered in a court having jurisdiction thereof. Both parties agree to accept such judgment as final and binding.