Agreement

The terms below will govern the sale of Locsanity products (hereinafter referred to as “Merchandise”) and sold by Locsanity, LLC (collectively, “Locsanity”) located at 4384 NW 120th Ave, Coral Springs, FL 33065 to (“Buyer”), wholesaler purchasing merchandise from Seller, for a period of one year, commencing from the date the Buyer's wholesale application is approved to 12 months later (such period will be referred to as the “Term”)].
  1. Prices and Payment

    1.1 Prices. Merchandise prices and minimum order quantities will be set by the Seller, Locsanity. All products and prices are available on the retailer/wholesaler portal at www.locsanity.com. Seller may change wholesale prices but must provide a minimum of [five (5) days] prior notice to Buyer.

    1.2 Discount. A discount of 30% will be applied to all wholesale orders that meet the minimum requirements outlined by the Seller.

    1.3 Credit Cards. Buyers must place credit card orders for the Merchandise no later than ten (10) business days prior to the requested delivery date, setting forth quantity, type, and requested delivery date of Merchandise. Orders received fewer than ten (10) business days prior to the requested delivery date shall be filled at Seller’s discretion and subject to express shipping charges (to be paid by Buyer). All orders are processed subject to availability.

    1.4 Payment. All orders must be placed on the Locsanity website using a credit card as the form of payment. Locsanity does not accept any other forms of payment at this time. Retailers/Wholesalers should go to the Resources menu on the Locsanity website and then click on the Become a wholesaler sub-menu to register for the Wholesaler portal. If the application is approved, the Buyer will be notified via email and given access to the portal to begin making wholesale purchases.

  2. Shipping. Shipping is free for all Buyers based in the U.S. For international buyers, merchandise shipping and handling expenses, including (if applicable), customs clearance, import/export fees, freight risks and insurance will be the responsibility of the Buyer. The Buyer may be required to act as the importer of record for international shipments. Both domestic and international buyers must notify the Seller of any claimed shipping error or damage within a [five (5) day] window from receipt of Merchandise. Buyer’s failure to give such notice within that five-day period shall be deemed a waiver of the Buyer's claim for incorrect or damaged shipments.

  3. Returns. Within 10 days of Buyer's receipt of Merchandise, Buyer may return (i) Merchandise that does not conform to Seller’s product specifications or (ii), Merchandise damaged or shipped incorrectly if notice of condition is given within Time limit to notify of error or damage [five (5) days] of receiving the merchandise. Returns will be credited to Buyer's account or replaced.

  4. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF BUYER.

  5. Miscellaneous

    5.1 Buyer-Seller Relationship. The relationship created by this agreement is solely a buyer-seller relationship. This agreement does not make either party the employee, agent, or legal representative of the other for any purpose whatsoever.

    5.2 Governing Law; Dispute Resolution. This agreement shall be governed by Governing State Law [Florida] law. Any dispute arising from this agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in Fort Lauderdale in accordance of the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in Fort Lauderdale, Florida.