TERMS AND CONDITIONS OF SALE - UNITED STATES
‘Supplier' Means Wild & Wolf Inc. a company registered in The United States of America no. 46 – 4422353 whose registered address is 432 Park Avenue South, 15th Floor, New York, New York 10016.
- Keena - 2400 Fulton Street, San Francisco, CA 94118
- David Youngson 12 Cranfield Road, Ste. 200, Toronto, Ontario
- Wild & Wolf Inc 432 Park Avenue South, 15th Floor, New York, New York 10016
‘Customer' Means the person, firm or company placing a verbal or written Order accepted by the Supplier.
‘Delivery date’ Means the date and time specified in the Order and agreed by the Supplier
‘Goods’ Means the goods specified in the Order, including any consignment thereof which the Supplier is to supply in accordance with the Order.
‘Order’ Means the order for the purchase and sale of Goods and placed by the customer with the Supplier.
‘Price’ means the price contained in the Wild & Wolf Inc. price list applicable at the date of the Order or as otherwise agreed in writing between the Supplier and the Customer
‘Pro-forma’ means the full payment must be made in advance of delivery of the goods.
‘Relevant Information’ Means details of the Customer including the full name of the proprietor, addresses, telephone number, bank details and two trade references.
2. ORDER SIZE AND DELIVERY CHARGES
2.1 For orders to most parts of mainland USA:
2.1.1 The minimum opening order is $300. Thereafter, the minimum re-order is $150, unless an exception is previously granted.
2.1.2 Back orders are kept until shipped by the Supplier or cancelled by the Customer.
2.1.3 The customer shall pay the standard UPS cost for each order and back order, which includes transport, packing and insurance. A warehouse handling fee of $5 is also payable for each order.
3.1 All prices are exclusive of local taxes, applicable from time to time or any other duties or charges whatsoever for which the customer shall additionally be liable.
3.2 The Supplier reserves the right, by giving notice to the customer at any time before the Delivery Date, to increase the Price to reflect any increase in cost to the Supplier due to any factor beyond the Supplier’s control.
4.1 Unless otherwise agreed in writing, the first order placed by the Customer shall be on a pre-payment basis. Thereafter the Supplier may, in its sole discretion set up account facilities on Net 30 day terms for the Customer upon satisfactory receipt and approval of the Relevant Information. The Relevant Information will be used for the sole purpose of enabling the Supplier to assess the Customer’s status and credit worthiness. The Customer agrees to the use of the Relevant Information for this purpose.
4.2 Customer invoices must be paid within 30 days following the invoice date. If the Customer fails to pay the Supplier the full amount by the due date then without prejudice to any other remedy available to the Supplier, the Supplier reserves the right to implement:
4.2.1 Charging the Customer reasonable attorney’s fees and collection costs, if required.
4.2.2 Cancelling any contracts with the customer or suspend any further deliveries to the customer under this or any other contract.
4.2.3 Reverting to Pro-Forma basis in respect of any other contract with the Customer at any time thereafter.
4.2.4 Taking any such action that Supplier deems necessary, in its sole discretion, to protect its interests.
5. FORCE MAJEURE
The supplier reserves the right to cancel an Order or suspend or delay delivery of it without being liable for any loss or damage if supply of the Goods is prevented or delayed by reason of war (whether declared or not), civil strife, riots, adverse weather conditions, fire, flood, labour disputes, accidents or any other causes or circumstances beyond its control.
6. SHORTAGES, DISCREPANCIES, LOSS IN TRANSIT
6.1 Any claim by the Customer which is based on damage to the goods, caused in transit shall be notified to the Supplier within 7 days of delivery and confirmed in writing within 14 days of delivery.
6.2 If the Customer does not notify the Supplier in accordance with clause 7.1, the Customer shall not be entitled to reject the Goods and the Supplier shall have no liability for any such damage, and the customer shall be bound to pay the full amount as if the Goods had been delivered in accordance with the Order.
7.1 Returns will only be accepted and processed after first obtaining authorisation from the Wild & Wolf Inc office. Any unauthorized returns will not be accepted and returned at the Customers expense.
8. RETENTION OF TITLE
8.1 All Goods remain the titled property of the supplier until full payment has been received in accordance with this agreement.
8.2 Until such time as the title to the goods passes to the Customer, the Customer shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Supplier’s property.
8.3 If the Goods are lost, destroyed or damaged then the Customer must hold the proceeds of insurance to the Supplier’s Order pending payment and in a separate bank account.
8.4 Until such time as the title in the Goods passes to the customer, the Supplier shall be entitled at any time to require the Customer to deliver up the Goods to the Supplier and, if the Customer fails to do so forthwith, to enter or appoint a third party on the Suppliers behalf to enter upon any premises or the Customer or any third party where the Goods are stored and repossess the Goods immediately.
9. BANKRUPCY OR DEFAULT
9.1 Without prejudice to any other remedy available to the Supplier, the Supplier shall be entitled to cancel any other contract with the Customer or suspend any further deliveries to the customer without any liability to the customer, and if any Goods have been delivered but not paid for all sums owing from the customer to the Supplier shall become immediately due and payable if;
9.2 The Customer makes any voluntary arrangement with its creditors or becomes bankrupt or becomes subject to an administration order or goes into liquidation); or
9.2.1 A Debtor (with or without lien) takes possession, or a receiver is appointed, for any of the property or assets of the Customer; or
9.2.2 The Customer ceases, or threatens to cease, to carry on business; or
9.2.3 The Supplier reasonably believes that any of the events mentioned above is about to occur in relation to the customer.
10. INTERPRETATION AND VALIDITY
The contract and the Conditions shall be governed by and construed in accordance with the laws of New York, and The Customer and The Supplier hereby submits to the exclusive jurisdiction of the New York courts. In the alternative, Supplier, in its sole discretion, may choose a court of competent jurisdiction to make such determinations.
We may transfer information about you to our bankers/ financiers for the purposes of providing services for the following reasons:- Obtaining credit insurance, making credit reference agency searches, credit reports, assessment and analysis (including credit scoring, product and statistical analysis), securitization or protecting Supplier’s interests.