Alter Ego Recreation Co. Inc, Terms and Conditions of Sale
Introduction / General
Alter Ego Recreation Co. Inc. (“Alter Ego”) has established the following Terms and Conditions of Sale (“Terms”) that apply to you (“Account”) and Alter Ego for the purchase of all Alter Ego products and accessories (the “Products”) for sale to consumers. These Terms remain in effect until amended or replaced by Alter Ego.
Sales Channels and Locations
Minimum Advertised Price, Resale, transshipment, or any form of diversion of Products to anyone other than the final consumer, both in Canada and internationally, is expressly prohibited.
Account shall not advertise or post prices for Products below the minimum advertised price (“MAP”) set forth on Alter Ego's current price list. Repeated violation of this MAP policy will result in the immediate termination of Account’s relationship with Alter Ego.
Account is authorized to resell Products through any catalog or website under Account’s exclusive control. Account shall not offer or sell Products through any third-party catalog or website without Alter Ego's express consent, which Alter Ego may withhold for any or no reason in its sole discretion. Alter Ego expressly prohibits the sales of any of its Products on internet auction sites of any type.
Account shall not resell Products, advertise Products for sale,or solicit sales of Product outside of Canada and the United States.
Account is authorized to resell, and service Products only at the actual storefront locations approved by Alter Ego; except that Account may hold a limited number of retail sales events at other locations if they satisfy the requirements herein.
Account’s physical location must have a valid sales tax registration (where required by law), be open for business on a regular schedule, and be located in a retail store or in an area zoned for retail sales.
Account hereby acknowledges the importance of servicing the Products and dissemination of proper instructions, warnings, and after-sale service, including warranty information. Account shall:Resell only Products Alter Ego has authorized Account to resell.
Not resell or transfer Products to any person or entity other than the end-use consumer.
Maintain adequate equipment and well-trained personnel and render prompt and efficient customer service including, but not limited to, informational and technical service before and after resell of Products to all consumers.
Deliver to the consumer all applicable instructions, service information, warnings, identifying numbers, and spare parts as provided by Alter Ego.
Not resell any Products that it knows or has reason to believe are defective.
Alter Ego Obligations
Alter Ego, at its discretion, will furnish Account with materials describing the correct methods for assembling, fitting, using, and servicing Products. Alter Ego may furnish Account with this information either by printed or emailed materials, though instructional videos, or through a designated website.
When available, Alter Ego will furnish or make available sales materials to Account, such as decals, posters, POP displays, samples items, and logoed merchandise. Alter Ego may charge for certain sales materials where appropriate, in its sole discretion.
Alter Ego is the exclusive owner and/or licensed user of various names, logos, trademarks and service marks (collectively, the “Trademarks”) in Canada and internationally; these Terms transfer no title to any Trademarks to Account.
Alter Ego grants Account a non-exclusive, non-assignable license to use the Trademarks, restricted to use in the advertisement or sales of Products.
Account shall not use the Trademarks as part of its name, domain name, identification of the store (physical or online), or modify the Trademarks in any way or in a any disparaging manner, for any improper purpose or in any way that might create public belief that it or its agents or employees are employees of Alter Ego for any purpose other than as specifically provided herein. Account shall comply with Alter Ego's request to remove any reference or use of Trademarks in web sites, emails, printed materials and URLs where Alter Ego, in its sole discretion, deems such reference or use to be detrimental to or inconsistent with Alter Ego's Trademark use policies.
All orders are subject to acceptance by Alter Ego. The Terms govern each order and may not be amended or superseded by any writing from Account, including purchase orders or requests for quotation, unless explicitly approved by Alter Ego. The Terms are the complete and exclusive statement of the terms of the agreement between Alter Ego and Account.
Orders may be canceled by the Account only upon written notification to Alter Ego's Customer Service Department. Alter Ego may reject a request for cancellation for any order due or scheduled to ship within 5 business days of such request. Approved cancellations may affect volume discounts on current and future orders.
Products are sold FOB from Alter Ego's facility in Abbotsford, British Columbia. Alter Ego, in its sole discretion, will determine and arrange the means and manner for transportation of Products, except as stated below.
Account shall pay all costs of insurance, if requested or required and assumes all risk of loss for shipments made from Alter Ego's warehouse. Shipping charges are prepaid and will be added to each invoice.
If Account supplies Alter Ego with a written routing guide, Alter Ego shall use reasonable efforts to comply with the terms of the routing guide, but reserves the right to refuse to comply to the routing guide if it will cause undo hardship to Alter Ego.
This guide should include all contact names, contact numbers, carrier preferences and Account’s carrier account numbers to bill freight charges to. Alter Ego also reserves the right to pass along to Account any additional fees or costs associated with adhering to Account’s routing guide.
Account may arrange shipping for its orders. Alter Ego shall provide appropriate weights and measures for the shipment. Account shall provide Alter Ego with all necessary documentation from and for the carrier in a timely fashion.
Drop-shipping of orders is subject to Alter Ego's approval. All drop-ship orders shall be billed at the highest level of pricing and a 10% drop-ship fee shall be added to each order. If approved for drop-shipping, Account shall supply a printable packing list with every drop-ship order.
Alter Ego may make partial shipments without any liability.
Discrepancies and packing errors must be reported to Alter Ego within ten (10) days of receipt of shipment. All claims must be accompanied by the appropriate documentation to verify the shortage/overage.
Alter Ego shall not be responsible for goods lost or damaged in transit. Any damaged must be noted on the carrier’s delivery receipts and reported directly to the delivering carrier. Any request for proof of delivery must be submitted within thirty days of the date of Alter Ego's invoice.
Delay in delivery beyond the estimated delivery date or any delay or non-delivery in whole or in part as a result of events, conditions, or circumstances rendering delivery commercially impractical, or that are beyond Alter Ego's control, including, without limitation, to any act or omission of Account, force majeure, fire, flood, epidemic, riot, civil commotion, act of god, strike, lockout or other labor disruption, act of war, act of any government, act of any military authority or force, delays in transportation or shortages or any other contingency not contemplated shall not result in any liability of Alter Ego to Account, and Account hereby waives any rights to damages arising from such delay or non-delivery. Acceptance of the goods by Account shall constitute a waiver of all claims for loss or damages due to delay resulting from any cause. If, as a result of such a delay, the Products ordered are unavailable, Alter Go may substitute comparable Products.
Account may request a return authorization for unsold Products in undamaged, salable condition. Transportation costs for returns shall be paid by Account. Returns are subject to a 15% restocking fee. Alter Ego may deduct the value of Product damage or repackaging from any refund due to Account.
Prices, Credit Approval and Account Status
Product pricing is set forth in Alter Ego's product price list issued for the current selling season and shall be in effect until Alter Ego issues a new price list. Prices and pricing terms are subject to change at any time without prior notice.
Unless approved in writing by Alter Ego, Account’s orders must be prepaid by credit card, Paypal, COD, bank transfer or check. Alter Ego, in its sole discretion, may extend credit to Account upon request. Approval of credit will be reviewed by Alter Ego; Account shall provide Alter Ego with pertinent financial information for evaluation.
Any amounts not paid when due are subject to a service charge of 1.5% per month, or the maximum rate permitted by law, whichever is lower. Invoices on account that are paid by credit card at the time due or after shall be charged a 2% credit card service charge.
Accounts whose open invoices are current may indicate how payments are applied to such open invoices, provided that payment or credits are applied to any past due invoices first.
If Account fails to make any payment when due, Alter Ego is entitled to:Delay delivery of all or part of any pending order.
Recover or require Account to return, at Account’s expense, all Products for which payment was not timely made.
Terminate its relationship with Account.
Terminate Account’s ability, if any, to purchase goods on credit.
To secure payment and performance of all Account’s current and future obligations to Alter Ego, Account grants to Alter Ego a security interest in all Products purchased from Alter Ego. A copy of Account’s credit application may be filed as a financing instrument, in which case Account is the debtor and Alter Ego is the secured party. Account shall execute any uniform commercial code forms required to perfect any such security interest upon request by Alter Ego.
See www.alteregobikes.com/warranty for specific warranty details.
Alter Ego's sole and exclusive obligation and Account’s sole and exclusive remedy of this limited warranty is expressly limited, at Alter Ego's option, to repair or replace the affected Products or to give credit for the affected Products to Account in an amount not to exceed the purchase price of the Products.
The foregoing obligations are in lieu of all other obligations and liabilities, including all warranties of fitness for a particular purpose or of merchantability, or otherwise expressed or implied in fact or by law, and state Alter Ego's entire and exclusive liability and account’s exclusive remedy for any damages related to the products.
Limitation on Damages; Statute of Limitations
Alter Ego shall not be liable for any loss of profit, business interruption, or any other special, consequential or incidental damages suffered or sustained by Account. Any action for breach of contract must be commenced within one year from the date of delivery of the goods.
Severability; Waiver; Construction
Any portion of these Terms that are found to be unenforceable will not invalidate the remainder of these Terms. Any delay in enforcing or any failure to enforce any provision of these Terms will not be deemed a waiver of any other or subsequent breach of these Terms unless such waiver is in writing and signed by Alter Ego. Caption headings are for convenience of reference only and will not affect the interpretation of these Terms. Ambiguous terms will be construed without regard to authorship.
Costs and Attorney Fees; Choice of Law; Consent to Jurisdiction
Account will pay such costs, collection agency commission, expenses and reasonable attorney fees (including, without limitation, at trial and on appeal) as Alter Ego may incur in any manner of collection of any sums past due. British Columbia law (without resort to its choice of law provisions) will govern.
By signing, Account hereby certifies and acknowledges that this Application is made on behalf of the business named in the Application for the purposes of becoming or continuing as an authorized Alter Ego reseller. Account acknowledges that the Terms supersede any and all terms or conditions on any purchase order or routing guide. Account further certifies that the information submitted with this Application accurately represents Account’s business and financial condition, without material change, as of the date shown below.
This application will have no force or effect until approved by Alter Ego; such approval may be withheld by Alter Ego for any reason or no reason at all.