ChowTime Productions

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Agreement: Chowtime Wholesaler Operating Agreement This Chowtimeproductions.com Wholesaler Agreement (the "Agreement") contains the complete terms and conditions that apply to your participation as a Marketer with the Chowtimeproductions.com wholesale program (the "Program"). As used in this Agreement, "we," "us," "our," "CTP" "Chowtime, Chowtimeproductions.com" means Chowtime Productions, Inc., and "you," "your", “Reseller”, “Distributor”, or "Marketer” or “Wholesaler”, means the marketer (collectively, the "Parties", separately each a "Party"). The wholesaler agrees to be bound by the following conditions and contents of Chowtime Productions: • Minimum Order Minimum order requirements: $100 • There is no re-order minimum; on re-orders personalization is available on all pieces • Terms of Payment All orders must be paid in advance. For money order it must be paid in full before processing. If the Wholesaler is not processing orders on our site and chooses to submit orders via fax or email, they must have credit card on file. • Orders can made via fax (713-481-0937), phone (713-446-2352) or online. To place orders online please contact us for password at contactus@chowtimeproductions.com • Credit Card Payment - Visa, MasterCard, American Express, Discover. • Paypal PayPal - Remit payments to (orders@chowtimeproductions.com) Please remember to indicate your order #. • Cashier Check / Money Order - Please contact us for address. • Shipping Method We reserve the right to use any postal carrier and may change carrier without notice. We utilize the following carriers at this time. • UPS Ground • USPS If your shipping charge shows $0 for your order, it means your shipping charge will be calculated at a later time. We will contact you by email or phone to notify you of the exact shipping charge before processing your order. • Texas Companies All new Texas customers please ensure a copy of reseller's permit document has been faxed to 713-481-0937. If the necessary documents had not been received when your order is processed, sales tax will be added on to your order. Submission of this form is not required for international customers. • Prices All Prices and discounts are subject to change without notice. Possession of CHOWTIME PRODUCTIONS.COM wholesale price guide, discount structure sheet, or Catalog does not constitute an offer to sell any items listed. • Time of Delivery It normally takes 2-4 weeks during the year and 4-6 weeks during the holiday season to produce your order. Your shipping time will then apply after your order is processed. Please ask us for a more accurate delivery time when your order is placed. • Damage Claims All merchandises are packed carefully and correctly utilizing our detailed quality control check method before they leave our facility. Please keep all shipping cartons and packing material for carrier inspection. Claims damaged shipments must be made within two working days of receipt. If you receive an item damaged or broken, we will issue a USPS/UPS Call Tag to pick up the damaged(s), file a claim and ship the replacement item(s) to you at no additional charge. Additional Production time may be required. • Returned Checks If a check is returned for any reason, a US $25.00 service charge will be made and all shipments will be permanently marked for “Prepaid” or “Certified Check” only. An additional 5% service charge per month will be added to all checks returned. • Refused Shipments Any shipments returned “REFUSED” for any reason will be permanently dropped as a distributor and no further shipments will be made. Any refused shipments sent back to CHOWTIME PRODUCTIONS.COM does not constitute the right to a refund or credit. It is company policy to charge the customer all freight charges associated with the shipment and up to a 100% restocking fee. • Cancellation For wholesale purchases, cancellation notice must be submitted either by phone/email no later than 24 hours after the order is placed. During this period if an order has not been sent to our production team for processing then we can cancel the order otherwise we cannot. We advised our customers to please make sure they identify the pieces that you wish to purchase before completing the transaction. • Return Policy Returns for exchange or refund will be allowed if the item is defective. Please contact us via e-mail at orders@chowtimeproductions.com to report all defects/returns. Note: Since every Chowtime piece is hand-painted, no two pieces are exactly alike. There are always minor variations in color and design from piece to piece. These variations are the hallmark of hand-painted pottery. We would like to point out that the color in the photos may vary from computer to computer. Not all computer monitors are calibrated to the same standard, so the product you receive may vary slightly in color from the photo on your monitor. Color or piece variations will not be considered defective. All authorized return merchandise must be unused and in its original saleable packaging. No return or exchange on merchandise that shows signs of having been used, scratched, or defaced will be allowed. Returns must be sent freight prepaid and insured by you. Original shipping and handling charges are not not refundable. A photocopy of your invoice showing the invoice number must accompany your return along with a written explanation and a contact phone number where we may be able to reach you. It is the buyer’s responsibility to verify the correctness of style color and size of the items before purchase. All approved refunds will be paid by Company Check or Account Credit, determined by CHOWTIME PRODUCTIONS.COM. A 25% restocking fee will be assessed on all returns deemed to be non-defective. We reserve the right to refuse your return based on our return policy. No cancellations, refunds, or exchanges on special order items or custom order items will be allowed. Product Specifications The colors shown on the products are an approximation of the original colors, and are variable with your computer monitor and/or graphic card. Prices, materials, design, specifications, and recommendations are subject to change without prior notice. All merchandise information presented in our web site was true and correct at the time of publication. The titles of our pieces and/or descriptions may not be altered; altering the name(s) of a piece(s) or product description(s) could result in terminating this agreement. Termination The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your wholesale application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all creatives, links, and product descriptions from our site, and all CHOWTIME PRODUCTIONS trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Modifications We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change. Changes will only be made in 'good faith' with the affiliate. Taxes and Tax Law Federal law requires you to pay taxes on the earnings you make if you are located within the United States. International laws may vary. We are not in the legal position to give advice on this subject however. It is recommended that you consult an accountant in your local geographical area for more information. Independent Contractors You are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. Representations and Warranties You hereby represent and warrant to us as follows: 1.This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. 2.The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity. Independent Investigation You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the CHOWTIME PRODUCTIONS wholesaler Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement. Fraud If you commit fraud or falsify information in connection with the registration of members in CHOWTIME PRODUCTIONS through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to CHOWTIME PRODUCTIONS for any and all damages that CHOWTIME PRODUCTIONS suffers as a result of such actions. You will also be responsible for all debts owed to CHOWTIME PRODUCTIONS, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law. Assignment This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of CHOWTIME PRODUCTIONS. Reservation of Rights CHOWTIME PRODUCTIONS may terminate this Agreement at any time if your site is determined to be unsuitable for the Program based on the above rules and regulations. CHOWTIME PRODUCTIONS also reserves the right to monitor Distributor sites and auction listings at any time to determine whether they are in compliance with this Agreement. Governing Law This Agreement will be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Montgomery County, Texas, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. ELECTRONIC SIGNATURE OF AGREEMENT By submitting the application form discussed herein, you agree to the terms of this Agreement under these terms and conditions. Submission of the application constitutes as binding an authentic signature.
I agree to these terms and conditions in the Chowtimeproductions.com Wholesaler agreement.