Agreement Between Applicant and Modloft
Applicant is interested in selling Modloft products on their website or
physical retail location. All terms below are agreed to and understood
by the applicant at the bottom of the document. Any violation of the terms
below may lead to the termination of any business relationships. Applicant
acknowledges and agrees that any violation of the terms of this agreement
constitutes good cause for the termination of the agreement and our business
Product Selection - The Applicant is limited to the product that is provided
to them. A High Resolution Photo Library and Pricelist are available once
applicant is approved by Modloft.
Freight - By default, Modloft will handle all logistics for deliveries,
unless Applicant requests to handle logistics independently. Modloft will
not negotiate any freight nor be responsible for any costs or damages associated
with freight, if Applicant arranges their own logistics. Modloft will be
responsible for having the merchandise ready for pick-up and notifying
the delivery company. All freight will be billed directly to the Applicant.
Auctions & Marketplaces - Modloft merchandise cannot be advertised or
sold on any auction website, including eBay, nor any marketplace, including
MAP & MSRP - Applicant must maintain retail pricing of all products featured
on their website based on the provided MSRP & MAP prices. If the website
is found not to comply with the MSRP & MAP, a letter of non-compliance
will be e-mailed. If non-compliant product is not corrected or deleted
from the Applicant's website within 48 hours, all shipments to dealer will
be suspended until corrections are made.
Limitations - Retailer shall not purchase, manufacture, reproduce or assist
any other entity in designing, developing, or manufacturing any furniture
product that utilizes any design, equipment, or technology provided by
Image License & Copyright - All content included on Modloft CD, website,
or catalog, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, is the property
of Modloft and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of
Modloft and protected by U.S. and international copyright laws.
License & Image Access - Modloft grants you a limited license to access
and make commercial use of these images and not to download (other than
page caching) or modify it, or any portion of it, except with express written
consent of Modloft. This license does not include any resale or commercial
use of these images or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of these images or
its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. These images or any portion of the
Modloft catalog or website may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Modloft. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Modloft.com without express
written consent. You may not use any meta tags or any other "hidden text"
utilizing Modloft's name or trademarks without the express written consent
of Modloft. Any unauthorized use terminates the permission or license granted
by Modloft. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of Modloft.com so long as the link
does not portray Modloft, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Modloft logo or other proprietary graphic or trademark
as part of the link without express written permission.
Returns & Exchanges - Modloft takes every step possible to ensure your
orders arrive in the best condition possible. All shipments should be inspected
upon delivery, and any claim should be made within 48 hours of receipt
of merchandise. Items that are not damaged are subject to a 25% restocking
fee and notification of return must be made no later than 48 hours after
receipt of merchandise. Shipping charges are not refundable. End-user is
responsible for repackaging and return transportation. Returned items must
be shipped back to Modloft in its original packaging, with no signs of
use, wear or damage. Upon receipt, Modloft will inspect the package for
any damage and reserves the right to partially or wholly accept or deny
Payment - All Purchase Orders must be paid at time of shipping, unless
otherwise agreed. Applicant must supply credit card information prior to
placement of first order, which will be kept in a secure file for future
orders. Modloft cannot allocate, reserve, or ship any purchase orders that
are not approved at time of purchase. If payment set up as "terms", I INDIVIDUALLY,
PERSONALLY, ABSOLUTELY AND UNCONDITIONALLY GUARANTY to Modloft (and any
person or firm Modloft may transfer its interest to) all payments and other
obligations owed by applicant to Modloft under agreement. I will also pay
all reasonable costs and fees incurred by Modloft in enforcing this Guaranty.
This Guaranty shall be governed by the laws of Florida. I FREELY CONSENT
TO PERSONAL JURISDICTION IN THE FLORIDA COURTS INCLUDING WITHOUT LIMITATIONS
THE CIVIL COURT OF THE CITY OF MIAMI AND I WAIVE TRIAL BY JURY. This Guaranty
will bind my heirs representatives and successors. By aggreeing to and
submitting this application, you hereby accept this Personal Guaranty.
Customer Service - Modloft phone number should never be given to the end
user. Any questions from the end user must be directed to the Applicant.
The Applicant may call or email Modloft's customer service department for
help with any questions.
Online Retail â€“ Minimum sales quotas are enabled for authorized online
only retailers. Online retailers must meet monthly purchases no less than
$15,000 per month to remain active. An initial period of 6-9 months will
be granted to reach the required level. If minimum sales levels are not
reached in the specified time frame, account may be subject to closure,
with or without advance warning.