Parties: “Buyer” shall refer to the party purchasing the products listed in the attached invoice from MT Brands™ (“MT”) including its agents and representatives. “Carrier” shall refer to the freight carrier selected by MT or agreed to by Buyer and MT as outlined below. The “Agreement” shall refer to the term s outlined in this document.
Acceptance of Terms and Conditions: By purchasing products from MT, Buyer represents that he/she has received a copy of MT Brands™ Terms and Conditions and has agreed thereto.
Processing: The fulfillment department of MT is open 7:00 a.m. until 3:30 p.m. Eastern Standard Time, Monday through Friday e xcept all federal holidays. Buyer will receive an email confirmation with a NetSuite Sales Order that lists the ordered products and their prices. Failure to correct any mistakes in the Order Confirmation shall constitute acceptance of the Order Confirmation. If Buyer does not receive a Sales Order Confirmation, then Buyer must contact MT via phone in order to review the Order Confirmation. MT is not responsible for any confirmed order which is received in writing. Upon request of the buyer, we may ship an order based on a verbal request by the buyer. We cannot be responsible for any errors in the order or complications that may aris e when the review of the order by the buyer is waved by the buyer. The buyers waver will be noted on the delivery ticket. MT will not ship products to any State or Municipality where the product ordered is not legal.
Shipping and Packaging: All orders are shipped using FedEx Ground unless otherwise agreed. MT reserves the right to select or change its carrier at any time. Faster shipping methods are available upon request at an additional cost. All tracking numbers for orders are automatically emailed to the customer. Therefore, it is imperative that correct email addresses are provided to the MT sales agent. Tracking information can be acquired through the website of the Carrier or by c alling the Carrier directly. Please do not call MT for tracking information. Once an order is shipped MT does not have any more information than Buyer. Insurance and package signat ure requirements will automatically be added and charged to all freight orders. MT will not be responsible for orders that are lost, stolen or damaged thru Shipping if the buyer declines to purchase insurance for orders over $100.00. All orders will be packed in the most economical way available while maintaining packing standards set by MT. Like kind products will be grouped and boxed separately for easy un-packaging. All orders will be mailed to include a packing slip.
Shipping Rates: Buyer may make their own shipping arrangements provided Buyer provides MT with the shipper information at the time of the order. Buyer to allow MT Brands up to 24 hours to prepare for shipping based on the order size, please inquire when placing order. MT reserves the right to reject Buyer’s proposed shipping method for any reason. Buyer is responsible for all shipping fees and costs including all costs and fees associated with COD. The failure to accept and sign for package or any other issues that may arise out of the COD after the seller ships the product will be the responsibility of the buyer including the cost of collections. Emergency orders can be processed for additional fees. These fees are related to the processing time for MT only. The Carrier may charge additional fees on rush orders. The Carrier’s rush charges can be quoted upon request. Buyer is solely responsible for Carrier’s rush charges. MT suggests active management of inventory and the ordering cycle to prevent rush orders. MT cannot provide exact sh ipping amounts prior to receiving the Carrier’s final bill. All billing and shipping fees are subject to adjustment based on the final billing amount and are the responsibility of the Buyer. To avoid later adjustments, MT recommends the use of Bills of Lading from Buyer’s own account.
Warranty and Returns: There are no warranties offered on MT’s consumable products as required by the FDA cGMP food safety compliance. All sales are final. No returns will be accepted. Damaged Orders: If the Carrier has logged the delivery MT will not under any circumstance re -mail an order. MT ships all orders per the Buyer’s instructions and does not control whether the Carrier damages the products in transit. If your order has been delivered damaged as direct result of the ac tions of MT, MT will replace or refund 100% of the cost of the item if the following criteria is met: 1) the order is under $100.00 ; 2) MT is notified in writing within 48 hours of delivery of the damaged order; and 3) a picture of the damaged product taken as it was delivered is emailed to MT with "Damaged" in the subject line with Buyer’s Name, Company Name , Order Number, Phone Number and Email Address in the body of the email. Please do not remove the damaged product from the packaging. Once MT receives the email reg arding the damaged product MT will contact the person listed in the email within 48 hours to discuss the options available to Buyer. Orders over $100.00 that are insured will be addressed on a case -by-case basis. Resolutions can take as little as 24hours or may take up to 90 days and be funded by the carrier.
Incorrect Orders: If Buyer receives the incorrect products and/or incorrect quantities of products, they must contact MT in writing within 24 hours of delivery. A representative from MT will contact Buyer to send the correct products and/or quantities and make arrangements to return any products delivered i n error.
Complaints: If there is a problem with any of the products received, please contact MT immediately. If MT does not have an imme diate solution, an MT representative will contact Buyer within 24 hours to discuss the complaint and whether MT can resolve the complaint. When making a complaint please have the serial number and the expiration date listed on every product that is the subject of the complaint written down and a digital picture must be taken of all errors in the 2 4-hour period.
Invoicing: All invoices are due on the date they are issued and must be paid in full. Any overpayments will be credited on the next invoice. Invoices not paid in full are considered late and subject to fee(s) and interest as outlined in the Past Due Balances and Collections sect ions listed below. Failure to pay any outstanding balance may result in a hold being placed on future orders until the outstanding balance (including any fees) is paid.
Payment Methods: Payment methods may change from time to time based on the interest rates, lending conditions and many other factors. Acceptable payment methods are subject to change and MT may allow or disallow certain payment methods at any time. The current acceptable payment methods as of November 1, 2021 are as follows:
Past Due Balances: All past due balances are payable prior to the shipment of any new orders unless otherwise agreed. If there is a dispute on any balance, the dispute must be made in writing and sent to MT within 72 hours of receipt of the invoice. Deficient payments must be remedied immediately by paying the remaining bala nce on the invoice. Otherwise, deficient payments shall be treated as a past due balance and subject to late fees and interest from the time the deficient payment is rendered until the balance is paid.
Invalid Payments: If at any time Buyer issues a deficient and/or invalid payment or u tilizes an invalid payment method, there will be a $49 fee for processing and all future payments shall be certified in the form of a cashier’s check, Western Union (or comparable), Credit Card, EFT/Debit, ACH or Bank Wire. In the case of reo ccurring deficient payments as referenced above, MT shall require. payments to be made up front and cleared as live funds prior to the fulfillment of any additional orders.
Collections: Thirty-One (31) days after an invoice is due, MT shall assess a late fee of $49 and interest shall accrue on the past due balance at a rate of 1.5% per month or the highest rate allowable by law, whichever is greater, from the date of product delivery until the time at which the balance is paid including interest a nd late fee(s). Failure to pay a past due balance within 90 Days of the original date of delivery shall result in the account being sent to a collection agency. When in collections, MT will no longer be able to accept payment from Buyer. All collection fees including but not limited to attorneys’ fees, late fees, and cost of collections shall be at the expense of Buyer.
Sales Tax: The Florida Department of Revenue requires that MT maintain a copy of Buyer’s Certificate of Resale in its records, if applicable. If Buyer fails to provide their Certificate of Resale within 30 days of its first order, Florida Sales Tax will be invoiced to Buyer and must be paid immediately. It is solely Buyer’s oblig ation to maintain a current Certificate of Resale on file with MT. Refer to yourlocal Department of Revenue for your renewal requirements (Florida must be renewed annually). Failure of Buyer to update its Resale Certificate shall subject it to an invoice for Florida Sales Tax on any order made after Buyer’s Resale Certificate expires plus a processing fee of 5% of the total order amount. If Buyer is found to have provided an invalid Resale Certificate, MT s hall have the right to immediately invoice Buyer for Florida Sales Tax on all orders made under that invalid Resale Certificate plus a processing fee of 5% of the total order amount as well as all future orders until a Resale Certificate is provided. MT may cancel or credit invoices for Florida Sales Tax if Buyer provides a valid Resale Certi ficate to MT within 30 days of the sales invoice being issued.
Venue Selection Clause: This Agreement is governed by the laws of Florida. Any suit, action, or other legal proceeding by or against MT with respect to or arising out of this agreement shall be brought in the applicable state or federal courts of the United States in Lee County, Florida.
Waiver of the Right to Jury Trial: Buyer hereby waives the right to trial by jury in any suit, action, or other legal proceed ing by or against MT with respect to or arising out of the Agreement.
Miscellaneous: Any changes to this agreement must be in writing. This Agreement supersedes all other agreements entered into by the parties prior to this Agreement. Additional amounts due on other documents can be combined or included by any collection proceeding together with this Agreement. MT may assign its rights under the Agreement in its sole and absolute discretion.
MT BRANDS™ TERMS AND CONDITIONS ©2022 ALL RIGHTS RESERVED