Krate Tactical TERMS AND CONDITIONS OF SALE
1. AUTHORIZATION. The Company authorizes and grants to the Reseller a non-exclusive license for the purpose of reselling the Products at the Reseller’s principal place of business.
2. PAYMENTS AND PRODUCT ORDER SCHEDULE. The Reseller shall send written notice for purchase order requests and shall remit the total purchase price prior to the release of the Product by the Company.
3. SHIPMENT AND DELIVERY. The Reseller is responsible for arranging shipment and delivery of the Products and shall incur all associated costs.
4. OBLIGATIONS OF THE RESELLER. The Reseller is obligated to introduce, promote, and sell the Products of the Company within their brick-and-mortar storefront. Furthermore, the Company may request the Reseller’s sales reports pertaining to the Products.
5. RESTRICTIONS OF THE RESELLER.
A. The Reseller is expressly forbidden from selling the Products on any online eCommerce marketplace or website without the express written consent of the Company. This includes, but is not limited to, Amazon.com, Walmart.com, Ebay.com, and any international variants of the aforementioned marketplaces.
B. The Reseller may use approved promotional marketing materials that include the Company’s trademarks and brand assets for in-store display and on the Reseller’s online social media advertisements (“Ads”), provided that the Ads direct end customers to the Reseller’s brick-and-mortar storefront or to the Company’s website or eCommerce listings to purchase the Products.
C. Reseller agrees to advertise and sell all Products at or above the Minimum Advertised Price ("MAP") established by the Company. The current MAP can be found on pricing sheets issue by the Company and may be updated from time to time. Reseller will not advertise any Products below MAP on any platform, including but not limited to websites, flyers, social media, or in-store signage.
6. AUTOMATIC KNIFE COMPLIANCE.
A. It is the responsibility of the applicant / buyer, not the Company, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from the Company.
B. IN COMPLIANCE WITH FEDERAL STATUTES: Read carefully all conditions set forth below. Federal law prohibits shipment of automatic knives across state lines, with the following
C. exceptions:
I. to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;
II. to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;
III. to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory;
IV. to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (i), (ii),and (iii).
D. Incorporated into this Agreement by reference
I. 18 USC 1716 (G) (2) (1-4) provides this summary: Switchblade knives can be shipped to civilian and armed forces supply or procurement officers and employees of the Federal government ordering or procuring or purchasing such knives in connection with activities in the Federal government; to supply or procurement officers in the National Guard, the Air National Guard or militia of the state or territory of the District of Columbia ordering, procuring or purchasing such knives in connection with the activities of such organizations; to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any state or territory of any county, city, or other political subdivision of a state or territory ordering, procuring or purchasing such knives in connection with the activities of such government. 15 USC 1244 provides in summary: Knives can be shipped by common carrier, that sale, transportation or distribution, possession or introduction into interstate commerce of switchblade knives is authorized if it is pursuant to a contract with the armed forces or any member or employee thereof acting in the performance of his or her duty may possess switchblade knives any may have them shipped to him and sold to him or her. The possession and transportation upon his or her person of a switchblade knife or a blade 3 inches or less is authorized to any handicapped individual who has the use of only one arm.
II. Legal status of products: It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from the Company. All equipment is sold subject to public law 90-351, title III, U.S.D., Section 2511, and any local, state or federal ordinances. Consult your local and state laws before ordering if you are in doubt. Absolutely no sales to minors. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that the he/she is of legal age. The Company will not be held liable for the misuse of any product purchased from us or any of our distributors & dealers. Also as no product is 100% effective against attack, the Company assumes no responsibility if a product purchased from us is not effective in preventing bodily injury, dismemberment or death.
7. WARRANTIES. The Company assures the Reseller that all of the Products received have been manufactured to industry specifications and quality checked prior to the Reseller taking possession of the Products.
8. TERMINATION. This Agreement shall be effective on the Effective Date and shall remain in full force until either Party provides written notice terminating this Agreement. Any payment due to the Company from the Reseller will be required immediately upon termination of this Agreement.
9. CONFIDENTIALITY. The Company and the Reseller shall maintain the confidentiality of the business transaction and process until the termination of this Agreement.
10. GOVERNING LAW. This Agreement shall be governed by and interpreted with the laws of the State of Georgia, the principal state of business within which the Company operates.