1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which the Reseller will purchase and distribute the products offered by the Wholesaler, including but not limited to kitchen cabinets bearing the Maplevilles Cabinetry trademark and logo.
2. Products
The Wholesaler agrees to supply the Reseller with the RTA Inset cabinets & Accessories (the "Products") and shall also accept special made-to-order requests for Cabinet sizing and color changes.
3. Pricing and Payment
3.1 Pricing: The pricing for the RTA Products and special made-to-order cabinets shall be as set forth upon account approval. Prices may be subject to change upon notice from the Wholesaler.
3.2 Payment Terms: The Reseller shall make payments for all orders in advance prior to the order being prepared for shipping or will call. No payment terms are currently accepted.
4. Trademarks and Branding
4.1 Trademark Use: The Reseller shall have the non-exclusive right to use the Maplevilles Cabinetry trademark and logo solely for the purpose of marketing and selling the RTA Products and special made-to-order cabinets under this Agreement.
4.2 Quality Standards: The Reseller agrees to maintain the quality standards set by the Wholesaler and to not engage in any activities that could tarnish the reputation or image of the Maplevilles Cabinetry brand.
5. Orders and Delivery
5.1 Orders: The Reseller shall submit orders for the RTA Products and special made-to-order cabinets to the Wholesaler in writing (including email) or through any other method agreed upon by the Parties.
5.2 Delivery: The Wholesaler shall use commercially reasonable efforts to deliver the RTA Products and special made-to-order cabinets to the Reseller within a reasonable timeframe as agreed upon by the Parties. Shipping costs and responsibilities shall be the responsibility of the Reseller.
6. Termination
6.1 Termination with Cause: Either party may terminate this Agreement with immediate effect if the other party breaches any material term or condition of this Agreement and fails to remedy such breach within 30 days of receiving written notice thereof.
6.2 Termination without Cause: Either party may terminate this Agreement without cause by providing 30 days written notice to the other party.
7. Warranty
Maplevilles Cabinetry products are warranted to the original purchaser for one (1) year from the date of original purchase. Warranty does not cover problems caused by improper installation of cabinets, or added cabinetwork. Warranty does not cover any product used or installed in connection with cabinets, such as appliances, countertops, plumbing fixtures or electrical fixtures. Warranty does not cover damage caused by transportation storage or exposure to excessive temperatures or to defects from misuse, neglect, accidents, alterations, any improper use or care or failure to maintain cabinets. No installer, dealer, retailer, subcontractor, agent or employee of Maplevilles Product has the authority to alter the obligations or limitations of Maplevilles Product warranty. Warranty is not transferable.
8. Returns / Exchanges
Returns & Exchanges will ONLY be accepted within 15 days of pick up, no exceptions. All Items must be in brand new condition. No open box returns will be accepted. A 25% restocking fee is applied to all single item returns. Complete order returns will be subject to a 50% restocking fee.
9. Damaged & Defective
All damages, defects, or missing items must be reported within 5 days of picking up or receiving. Damaged in transit orders must be noted "DAMAGED" on the BOL to claim replacements. Pictures of the damaged product will also be required to file a claim with the carrier. Do not dispose of damaged material without approval from us. Failure to follow this procedure will result in a denial of your damage claim and no replacements or credit will be issued.
10. Confidentiality
The Parties agree to keep all non-public information obtained during the course of this Agreement confidential, both during and after the term of this Agreement.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of law principles.
12. Entire Agreement
This Agreement contains the entire understanding between the Parties and supersedes all prior agreements, written or oral, relating to the subject matter herein.