1. Definitions
“Seller” refers to Bolle Drinks Corporation, EIN 99-3711307 and registered address 4324 Lakebreeze Dr, Rocklin, CA 95677
“Buyer” means the business customer purchasing Goods from the Seller.
“Goods” means the products supplied under the Contract.
“Contract” means the agreement formed upon Seller’s acceptance of an order, incorporating these terms.
2. Order Placement
Orders may be placed in writing or via email and are subject to acceptance by the Seller.
3. Prices
All prices are exclusive of sales tax and delivery charges unless specified otherwise.
Prices may change prior to acceptance.
4. Payment Terms
Standard payment terms are Net 30 days from the invoice date, unless otherwise agreed in writing.
Late payments are subject to interest at the rate of 1.5% per month (18% annually) or the maximum rate permitted by law.
5. Delivery
Estimated delivery dates are not guaranteed.
Shipping costs will be quoted separately.
6. Title and Risk
Risk passes to Buyer upon delivery.
Title remains with the Seller until full payment is received.
7. Inspection and Claims
Buyer must inspect the Goods upon delivery and notify the Seller of any issues within 48 hours.
8. Returns
Returns require prior written approval from the Seller. Goods must be unopened, in original condition and original packaging. The Seller reserves the right to refuse returns where products have been stored incorrectly or handled
in a manner inconsistent with the Seller’s storage guidelines.
9. Limitation of Liability
Seller is not liable for indirect, incidental, or consequential damages.
Liability is capped at the invoice value of the affected Goods.
10. Force Majeure
The Seller is not liable for failure or delays due to causes beyond its reasonable control, including but not limited to weather, supply chain issues, or transportation failures.
11. Governing Law
These terms are governed by the laws of the State of California. Any disputes will be resolved in the courts of California.
12. Minimum Advertised Price (MAP) Policy
The Seller operates a unilateral Minimum Advertised Price (MAP) policy. The Buyer agrees not to advertise or promote the Goods at a price below the MAP communicated by the Seller from time to time. This policy applies to all online
and offline advertising, including but not limited to websites, marketplaces, social media, printed materials, and email promotions. The MAP policy does not restrict the Buyer’s actual in-store or point-of-sale pricing. Non-compliance
with this policy may result in suspension or termination of supply at the Seller’s sole discretion. The Seller reserves the right to update MAP schedules with reasonable notice.
13. Intellectual Property
All intellectual property rights in the Goods, including the BOLLE brand, trademarks, trade dress, patents (including patent-pending production processes), and marketing materials, remain the exclusive property of the
Seller. The Buyer may not use the Seller’s trademarks or branding without prior written consent. The Buyer shall not reverse-engineer, analyse, or disclose any proprietary process associated with the Goods. Any marketing or promotional
materials prepared by the Buyer that reference the Goods or the Seller’s brand must be approved in writing by the Seller prior to use. Marketing claims about the Goods (including awards, ratings, and certifications) must be accurate and
consistent with materials provided by the Seller.
14. Regulatory Compliance and Labelling
The Buyer is solely responsible for ensuring compliance with all applicable federal, state, and local laws and regulations governing the resale, distribution, advertising, and display of the Goods, including TTB labelling requirements and any applicable state alcohol beverage control regulations. The Buyer shall not alter, obscure, or remove any labelling on the Goods. The Buyer shall promptly notify the Seller of any regulatory enquiry, complaint, or investigation relating to the Goods.
15. Storage and Handling
The Buyer shall store and handle the Goods in accordance with any storage guidelines provided by the Seller. The Seller accepts no liability for deterioration in quality caused by improper storage, handling, or transportation by the Buyer or any third party engaged by the Buyer following delivery.
16. Product Recall
In the event that the Seller issues a voluntary or mandatory product recall, the Buyer shall immediately cease sale of the affected Goods and comply with all reasonable instructions provided by the Seller, including return or
destruction of stock. The Seller shall bear the reasonable direct costs of a recall attributable to a defect originating prior to delivery. The Buyer shall bear costs arising from improper storage or handling. The Buyer shall maintain
sufficient records to enable effective traceability of Goods for a minimum of three (3) years from the date of purchase.
17. Confidentiality
The Buyer shall keep confidential all pricing, discount structures, and commercial terms provided by the Seller and shall not disclose them to any third party without the Seller’s prior written consent.
18. No Exclusivity
Unless otherwise agreed in writing, these terms do not confer any exclusive rights upon the Buyer to distribute or sell the Goods in any territory or channel.
