Wholesale Agreement and Terms of Sale
Your purchase of orders that totals over $10,000 or has any item that quantity higer than 5 will automatically place you under this agreement.
- Terms and Conditions.
The terms and conditions set forth herein constitute a final, complete and exclusive statement of
the terms and conditions of sale and purchase between digicat "seller" and the purchaser (“Dealer”). Seller objects to and is not bound by any term or condition on Dealer’s purchase order, expression of acceptance, confirmation or any other communication which is different from, inconsistent with, or in addition to Seller’s terms and conditions and any such terms and conditions proposed by Dealer are hereby expressly rejected.
- Acceptance of Orders.
All orders placed by Dealer are subject to Seller’s acceptance. Seller hereby reserves the right to reject any order, in whole, or in part, for any reason whatsoever.
- Limitation of Liability.
Seller shall not be liable to Dealer for any incidental, indirect, consequential or special damages in connection with any matters relating directly or indirectly to Dealer’s purchase from Seller, or otherwise pertaining to the business relationship between Seller and Dealer, even if Dealer has advised Seller of the possibility of such damages.
Dealer shall not disclose and shall otherwise maintain the confidentiality of all pricing information, terms, and advance product information supplied by the seller.
- Attorneys' Fees and Collection Costs.
Seller shall be entitled to recover its reasonable attorneys’ and all costs of collection in connection with enforcing its rights under these Terms and Conditions of Sale, including the collection of any amounts due and payable by Dealer to Seller. In the event of default, and if this account is turned over to an agency and/or an attorney for collection, the undersigned agrees to pay all reasonable attorney fees, and/or costs of collection whether or not suit is filed.
- Sales Restrictions.
All Dealers and buyers of Dealers must be 18 years and over to purchase.
- Non-waiver and Servability.
Seller’s failure in any one or more instances to insist on the performance of any terms and conditions, or to exercise any right or privilege, shall not be constructed as a waiver of any of Seller’s rights or privileges. Each of the terms and conditions shall be governed and construed in all respects in accordance with the laws of the HK.
All orders must be paid in full at time of purchase. Seller will not ship any order that is unpaid.
- Merchantability & Misrepresentations.
Dealer agrees that Seller makes no warranty, express or implied, as to the merchantability of Seller's products. Dealer also agrees that Seller is not responsible for any misuse or misrepresentations of the goods by the Dealer or the final retail purchaser or consumer, and indemnifies Seller for any legal actions that emanate from such actions.
- Product Information.
Product information displayed on Seller's website is to be used for informational purposes only and may change without notice. Seller makes no warranty, express or implied, as to the accuracy of the information provided. The product descriptions displayed on Seller's website is the intellectual property of third-parties and may not be copied by the dealer.
- Shipping Errors, Returns, and Warranty.
Shipping errors must be brought to the attention of Seller within 5 business days of receipt of shipment(s). Seller will not deal with Dealer's customers directly. It is Dealer's responsibility to provide product information and customer service to Dealer's customers. Unless otherwise stated, products purchased from Seller are warrantied against manufacturer’s defects. The warranty varies by product and is subject to change without notice. All returns require a return authorization number which must be obtained from Seller. Dealer will cover the cost of returning products to seller. A minimum 15% restock fee is applied to any order returned for a refund. Shipping costs are non-refundable. Returns sent to Seller without a Return Authorization Number (RMA) will be refused and returned to to the sender at the sender's expense.
We do not accept returns unless the product is deemed faulty.
- Drop Shipping.
Seller agrees to drop ship orders to Dealer's customers at Dealer's request. Drop shipped orders will be sent without invoice.
- Special promotions.
Promotions, coupon codes, and free shipping options offered to retail customers by Seller will not be offered to Dealer accounts.
By placing an order, you agree that all your purchases from Digicat be governed by the Wholesale Agreement in effect at the time of your order. The current TERMS AND CONDITIONS OF SALE are set forth in this agreement and application