Wholesale Account Terms of Sale
OPENING AN ACCOUNT
Anyone interested in ordering from Grandpa Beck's Games, Inc ("GBG") must first return the following Account Application documents: copies of a Resale Certificate, Business License, and a Driver’s License or other photo I.D. to GBG’s Home Office on or before the 10th day of the month in which they intend to place their first order. An order form will not be processed until all requested documents are received. Submission of Account Application documents does not guarantee that it will be approved or that an account will be opened.
By placing an order with GBG, the Customer attests that he/she is of legal adult age and is legally authorized to open an account with GBG and to purchase the items which the Customer is ordering.
Orders will not be accepted unless the Customer is engaged in a legitimate business activity dealing with product lines carried by GBG and is purchasing products from GBG strictly for retail resale to the ultimate end user from locations it has registered with and have been approved by GBG. Subdistributing of any type is strictly prohibited without GBG's written consent.
GBG's welcomes all retailers with brick and mortar locations. We do not permit the resale of our games through 3rd party websites, such as Amazon, Walmart Marketplace, eBay, or Alibaba, etc. You may sell games through your own directly owned store website, but through no other online channels. We ask that you advertise our listed MSRP as your price. Proof of a legitimate, operational, Registered Domain Name Website with Shopping Cart feature may be requested at GBG's discretion.
We work diligently to maintain our MSRP and the value of our products out of respect to our brick and mortar partners. GBG reserves the right to be the only authorized 3rd party eCommerce seller. This is done in an effort to protect the MSRP of the games, and prevent other sellers on Amazon, Walmart, or other sites to undercut our retail partners. Any retailer found to be selling our games through a 3rd party site will no longer be permitted to purchase games for resale.
GBG reserves the right to reduce, reject or cancel orders from any Customer due to insufficient credit history, delinquent payments, refusal to accept merchandise ordered, and other reasons as determined by GBG. Prepayment, deposit, and/or security for payment may also be required, at GBG's sole discretion.
Domestic Shipments are made “F.O.B. Origin”, meaning that Title to the product and risk of loss and damage transfer to the Customer once the product leaves GBG's facilities. Customer should examine packages for visible damage and note any apparent problems before signing for a shipment, as this will enable GBG to assist the Customer in recovering the cost of damaged merchandise from the shipping company. Customers paying a common freight carrier directly must make damage claims with that carrier.
A variety of options, including UPS, Fedex, LTL (less than truckload via common carrier) and numerous additional options also may be available to the Customer. GBG does not guarantee the services of any particular shipping company and is not liable for any delays or subsequent loss of sales or profits resulting from the use of any particular shipping company or method (see “Damages” section).
Except as expressly agreed otherwise, Customers will be liable for all shipping charges. Any exceptions will be outlined on GBG's "Retailer Order Request" form on their website. GBG reserves the right to change shipping terms at their discretion. GBG charges shipping fees on orders that do not meet free freight requirements to be paid on the same terms as on a Customer’s product order.
Regarding international shipments, it is the Customer’s sole responsibility to satisfy all export and import requirements such as engaging a freight forwarder, submitting all required paperwork, clearing Customs, paying all Customs and license fees, duties, sales tax, V.A.T., etc., and any and all other associated import and export fees and expenses. The Customer agrees to undertake all of the above-written requirements, and also agrees that GBG shall retain title to the merchandise until the merchandise travels beyond the territorial jurisdiction of the U.S., at which point title officially passes to the Customer.
GBG strives to deliver all merchandise in salable condition, but does not guarantee “mint condition” (see ‘Liability Disclaimer’ Section). Merchandise perceived as damaged may be reported to GBG's Order Team; a credit memo will be issued and/or replacement product will be shipped and invoiced, provided that such perceived damages are reported to GBG within 3 days. If no replacement product is available, a credit memo will be issued. From time to time and completely at GBG's discretion, GBG may request that merchandise be returned for inspection prior to shipment of replacement product and issuance of a credit memo for the damages claimed. At GBG's sole discretion, GBG may accept photographs of perceived damaged product as a means to expedite this process. In any case, Customers shall not deduct the cost of damaged merchandise from their payments for the shipment containing the damaged merchandise.
GBG may determine that damaged merchandise needs to be returned before a credit is issued. In such cases, requested returns will include an ARS (Authorized Return Service) label which will enable the Customer to ship the return to GBG's returns department. Merchandise must be returned in a timely manner, and packaged as efficiently as possible to minimize the number of ARS tags needed for the shipment. “Timely” shall be defined as within seven (7) days from Customer’s receipt of ARS labels. If merchandise is not returned in a timely manner, GBG will invoice the Customer for any previously credited items. Returned merchandise will be inspected by GBG, and GBG shall render its judgment as to whether the merchandise is salable, or is damaged beyond salability. Such judgment shall be final. If in GBG's sole opinion the merchandise is judged to be salable, such merchandise shall be returned to the Customer at the Customer’s expense, and GBG will invoice the Customer for any previously credited items.
Customers refusing any or all parcels when delivery is attempted, or otherwise intentionally delaying receipt of product shall, at GBG's full discretion, forfeit the right to make damages and shortages claims pertaining to any and all parcels related to that shipment.
PAYMENT TERMS/CREDIT GUIDELINES
All invoices will specify in writing the Customer payment terms. Payment terms may be changed or reduced at any time and for any reason, at GBG's sole discretion.
Customer credit guidelines are reviewed on a case by case basis. Financial information as shown on Account Applications and other information are considered; however, decisions are made at GBG's sole and absolute discretion. If an existing Customer exceeds their established credit guidelines, immediate cash payment may be required to reduce the account balance. GBG reserves the right to suspend the shipping of product if an account balance exceeds the established Customer credit guideline.
Unless otherwise specified, all domestic orders are shipped with "Due on Receipt" terms. All international orders must be prepaid in full. Notwithstanding the foregoing, in some instances prepayment of domestic orders may also be required.
Check writing privileges and extended terms are available, and may be obtained by submitting a written request, (an up-to-date Account Application, tax returns, financial statements, and other information as may be required by GBG) to GBG. Businesses lacking a significant credit history can earn check writing privileges and/or limited credit through a history of good payments to GBG and/or other suppliers, but should receive product from GBG for a minimum of 180 days with on-time payments before requesting a change in terms.
Customers are required to make payments within designated terms. Invoices not paid within 30 days of their due date will be subject to a late payment fee of 1.5% every 30 days on the outstanding balance. Customers are also liable for an additional 33% of their balance owed should it become necessary for GBG to refer their account to a collection agency or attorney.
Returned checks and dishonored ACH online payments are subject to a $25.00 service charge (per transaction). Returned checks and dishonored ACH online payments, or any other failure to pay in full may, at GBG's sole and absolute discretion, result in the suspension or cancellation of shipments, loss of check-writing privileges, and/or extended terms, and/or the termination of the Customer’s Account and GBG's Agreement to ship product to the Customer.
Arrangements can be made to pay for purchases via Business Check, Certified Check, Money Order, ACH, Western Union, credit card (VISA, MasterCard & AMEX), or Wire Transfer (the preferred method for International customers).
SHORTAGES AND OVERAGES
All shortages must be reported to GBG within 24 hours of the Customer’s receipt of a shipment. GBG will use all reasonable efforts to replace any shortages (if replacements are available) or will issue a credit memo for any unfilled amounts. Do not reorder shorted merchandise, as this may result in duplicate replacement. Also, GBG appreciates the Customer’s honesty in reporting the receipt of any merchandise for which the Customer is not billed, and will reimburse the Customer for the freight costs incurred when returning such overages. See ‘Liability Disclaimer’ Section. At GBG's full discretion, Customers refusing any or all parcels when delivery is attempted, or otherwise intentionally delaying receipt of product, forfeit the right to make damages and shortages claims pertaining to any and all parcels related to that shipment.
The Customer acknowledges and assumes the risk that due to the nature of the products purchased from GBG, variations in such products, including but not limited to, changes in scheduled ship date, creators, images, etc. may occur. Despite such variations, all merchandise is sold by GBG on a non-returnable basis unless otherwise authorized in writing by GBG. Returnable items must be accompanied by a Return Authorization Form, and must be received before their designated deadline dates in order to be eligible for credit. GBG is not responsible for freight costs associated with returns.
In addition, upon submission to GBG, orders cannot be reduced or cancelled unless otherwise authorized in writing by GBG. Authorized order adjustments must be communicated to GBG by the due dates GBG establishes.
CONDITIONS OF SALE
All orders by Customers are binding upon acceptance by GBG and cannot thereafter be cancelled or reduced by the Customer. By submitting an order as provided herein, the Customer agrees to be bound by the Terms of Sale.
In the event there is any discrepancy between these Terms of Sale and any purchase order, acknowledgement, or other documentation issued by the Customer, these Terms of Sale shall control.
By maintaining a retail account or otherwise entering into a business relationship with GBG and accepting GBG's Terms of Sale, the Customer agrees to receive mailings, email bulletins and other electronic communications in regards to products, data, shipping and product updates, or any other information relevant to business operations with GBG.
Failure of Customer to take immediate delivery of merchandise when made available by GBG, or failure to pay for merchandise when due, shall be deemed breach of contract which may, at GBG's sole discretion, result in held shipments and/or cancellation of outstanding orders and/or loss of check writing privileges and/or loss of credit terms and/or legal action and/or the exercise of any other rights of GBG under these Terms of Sale and/or any other available remedy at law or in equity. In addition to any other remedy available to GBG, any Customer who refuses to accept ordered merchandise, or who by his payment delinquency or any other cause, forces GBG to suspend shipments to the Customer, shall be liable to GBG for a 50% cancellation charge for all merchandise the Customer has ordered, regardless of its status. GBG shall restock all merchandise the Customer has ordered, and the Customer shall not be entitled to receive any of said merchandise unless payment in full is made to GBG within two (2) weeks of the Customer default. Customers who breach these Terms of Sale shall be responsible for all fees associated with cancellation and restock of outstanding orders including, but not limited to, legal fees and court costs. Any product ordered by the Customer and shipped by GBG that may be confiscated or held by Customs due to importing regulations is solely the responsibility of the Customer.
Customer further authorizes GBG, irrevocably, to appoint any attorney designated by GBG or clerk of any court of record to appear for the Customer in said court, and confess judgment against the Customer without process in favor of GBG for all sums owing including the value of all outstanding orders placed with GBG, costs of suit and reasonable attorneys’ fees, hereby expressly waiving all benefit under the exemption laws of any state in which the Customer operates and waives all errors in any said proceedings, and consents to immediate execution upon such judgment, hereby ratifying and confirming all that said attorney may do by virtue hereof. The authority and power to appear for and enter judgment against the Customer shall not be exhausted by one or more exercise thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto.
The information contained in GBG paper or electronic publications, including but not limited to prices, content, availability, product safety, and release or shipment dates, is based solely on information GBG receives from its suppliers and manufacturers. GBG makes no representation or warranty as to the accuracy of this information, and is not liable for any claims or losses resulting from any inaccuracies contained therein or the Customer’s sale of the product. All warran- ties, conditions, representations, indemnities and guaranties, whether express or implied, arising by custom, prior oral or written statement by GBG or otherwise (including, but not limited to, any warranty of merchantability or fitness for a particular purpose) are expressly excluded and disclaimed.
GBG reserves the right to cancel orders, at any time and from time to time, for any merchandise, without responsibility therefore, in whole or in part, in its sole discretion including for such things as manufacturers’ cancellation, unacceptable delays, poor quality, or insufficient orders. In the event that GBG is for any reason unable to ship product in a timely fashion, any orders for such merchandise may, at GBG's sole discretion, either be (i) cancelled by GBG (ii) shipped when the product becomes available or (iii) shipped to the Customer subject to return privileges.
Occasionally, GBG may find it necessary to change pricing and/or discounts after Customers’ orders are received. In these instances, Customers shall have the right to reduce or cancel orders on those items affected. Such reductions/cancellations must be requested by Customers within 72 hours of notice of the change.
GBG shall not be liable for any incidental, consequential, special, direct or indirect damages (including, without limitation, lost Sales, Profits or business interruption losses) as a result of this Agreement (or the breach thereof) or such damages suffered by Customer or any purchaser, distributor, retailer or end-user of any of the merchandise or Service(s) provided by GBG, whether arising in tort, contract or otherwise.
The Customer hereby agrees to indemnify and hold GBG, its agents, affiliates and subsidiaries harmless from and against any loss, damage or expense suffered by GBG, including reasonable attorneys’ fees and costs, by reason of (i) breach by the Customer of any warranties or Agreements contained herein, (ii) any act or omission of the Customer, (iii) any claim, cause of action or lawsuit arising from the sale, use, storage, transportation or handling of the merchandise sold hereunder, or (iv) any settlement, judgment or payment with respect to any of items (i), (ii) or (iii) hereof.
GBG relies on its manufacturing vendors to comply with applicable national, state and local product safety regulatory requirements, including without limitation the U.S. Consumer Product Safety Act as amended by the Consumer Product Safety Improvement Act of 2008. By ordering from GBG you agree that (i) you will look solely to GBG's vendors for any certificates and/or test results required by any such regulatory requirements; (ii) you will exercise any remedies you may have as a result of those regulatory requirements solely against such vendors; and (iii) you will indemnify and hold GBG harmless from any claims made against you arising out of, in connection with or with respect to any such regulatory requirements.
All legal disputes arising as a result of or with respect to these Terms of Sale will be governed and settled by the laws of the State of Washington, excluding the conflict of law rules of that state and the Customer agrees that jurisdiction and venue shall rest exclusively within the courts of the State of Washington including the United States District Court for the District of Washington.
These Terms of Sale are intended to be the final, exclusive and complete statement of the terms of the Agreement between the Customer and DCD. Neither trade usage nor any terms and conditions that may be contained in any acknowledgment, purchase order or other documentation of the Customer, nor course of prior dealing between the parties shall affect or modify these Terms of Sale. Upon receipt by GBG of the Customer’s order, these Terms of Sale shall constitute the entire Agreement between the parties and may not be modified or rescinded except by a writing signed by GBG. If any part, term, or provision of these Terms of Sale are held to be invalid or unenforceable, the validity of the remaining portions shall not be affected and the invalid provision shall be deemed excluded from these Terms of Sale.