By submitting a purchase order to S.F. Marketing Inc. (herein after known as “SFM”), the dealer agrees to the following terms and conditions of sale:
Title to Merchandise
Title to and ownership of all products purchased from SFM shall remain with SFM until all monies payable for the purchased products have been paid by the dealer.
Order Requirements
A minimum opening purchase order of three-thousand Canadian dollars ($3,000.00 CAD) of product must accompany the dealer application form. The minimum annual volume (calculated as gross sales net of any discounts and returns) required to maintain an account with SFM is ten-thousand Canadian dollars ($10,000.00 CAD).
After the initial purchase order, subsequent purchase orders require a minimum order value of one hundred Canadian dollars ($100.00 CAD).
Service parts are exempt from the minimum purchase order value of one hundred Canadian dollars ($100.00 CAD).
Pricing
Prices are subject to change without notice, and do not include federal sales tax, provincial sales tax and environmental handling fees, where applicable. Products will be charged at the prices in effect on the date the order is submitted to SFM except in cases where there is a price increase before the order is shipped.
In the event an order(s) has not shipped prior to a price increase, SFM may not be able to honor the original price on the order and the product(s) will be charged at the new price. Orders dated over thirty (30) days will be reviewed on day thirty-one (31) and SFM will advise if a price change is necessary.
Discount & Rebate Programs
Volume Buying Programs and Volume Rebate Programs may be offered to dealers; and such programs may be reviewed, modified, or removed at the discretion of SFM.
Quotations
SFM will honour quoted prices on purchase orders for thirty (30) days.
Shipping Procedures
Unless otherwise specified, SFM reserves the right to partially ship orders subject to the availability of inventory. When purchase orders cannot be shipped complete, a backorder will be maintained, and the product will ship as it becomes available.
Freight
By default, SFM will ship all purchase orders using a carrier of its choice. Should a dealer request a specific carrier, the dealer must provide SFM with their freight account number so that the products ship collect.
Risk of Loss
Should the dealer request to use their own carrier, the dealer shall assume the risks and obligations related to products purchased from SFM, the moment it departs the SFM warehouse.
Return Policy
Dealers requesting to return product to SFM must first obtain a return authorization number from the Service department. All returns must be shipped at the dealer’s expense with the return authorization number indicated on the waybill. Returns are subject to a restocking charge, except in cases where SFM has shipped product in error, or the product has arrived damaged or DOA.
Damaged Product
Dealers have up to three (3) business days to reach out to the SFM Service department should any product arrive damaged. The Service department will issue a return authorization number and a shipping label.
If shipping cartons are damaged at the point of delivery, the receiver must notify and sign with the carrier indicating such. When possible and to follow best practice, the receiver should also take a photo at the point of delivery.
Payment of Invoices
SFM requires all invoices to be paid in full when due. Unauthorized deductions on an invoice not supported by SFM, will remain as an outstanding balance on that invoice.
The dealer must also indicate how their payment should be applied on their account by referring to the invoice number(s), amount paid, and discounts taken.
Interest
For dealers with payment terms, if the dealer has remained unpaid amount, interest shall accrue on the outstanding balance at a rate of 18% per year, from the due date until full payment is received.
Dealer Default
SFM reserves the right to withhold any purchase order should the dealer fail to respect the Terms & Conditions set forth herein. When the dealer becomes past due on any invoice, or exceeds their credit limit with SFM, the account will automatically be placed on credit hold, and product will not ship until the outstanding balance is cleared.
Online Sales
SFM prohibits all online sales or advertising of its products by any dealer not specifically authorized to do so via a separate Online Dealer Application. All online sales and advertising of products (on a website or otherwise) must be following the terms set out in the SFM Online Dealer Policy and SFM Minimum Advertised Price Policy.
Dealership Status
SFM maintains the full right to re-evaluate any Dealer partnership. Failure to comply with these Terms & Conditions may be grounds for review and eventual cancellation of dealership status. SFM will advise the dealer of any non-compliance in writing, providing for a thirty (30) day period to rectify the situation. Any conferred dealership status is restricted to sales from the physical ship-to locations and general geographic area indicated by the shipping addresses provided in the dealer application to SFM.
Dealer Declaration
The signee of SFM’s Dealer Application certifies that they hold the authority to bind the corporation and that the information provided is submitted for the purpose of conducting business with SFM as an authorized dealer, and further certifies that all information given therein is true and correct.
The Dealer also has read and understood the contents of these Terms and Conditions of sale.