These Terms and Conditions (“Terms”) apply to the purchase and sale of products through DealsforPrime.com (“Site”). These Terms are subject to change by Deals for Prime, Inc. without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Ordering and Pricing
1. To place an order, please email firstname.lastname@example.org or contact your salesperson or the Customer Service Department at 978-398-8524.
2. We sell wholesale only. You must have a state sales tax number or tax-exempt number to purchase.
3. Our minimum order requirement is $500.
4. Items are shown in full case quantity. Inner packs are available on many but not all items. Ask your Deals for Prime salesperson for information on half case quantities. For special pricing, call your salesperson. Case packs are shown on our email and given at the time of order. Use the quantity of pieces in the case pack as your amount ordered. For multiple cases, please order in total piece quantity.
5. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
6. An invoice will be provided after every sale in which you are required to pay within 48 hours. All goods will be put on hold until payment is received and if payments are not received within 48 hours then the goods will no longer be on hold unless you notify us of the delay. Deals for Prime accepts all major credit cards, money orders, cashier’s checks, and wire transfers.
7. All orders placed online require 24 hours to process. If you are requesting “Next Day” pick-up, please contact our Customer Service Department at 978-398-8524 after placing your order to confirm and specify the arrangements.
8. All shipments are FOB shipping point (our warehouse in Pembroke, MA or Springville, UT). All freight charges are paid by the customer.
Shipping to Amazon
9. Upon your request, we will ship directly to Amazon fulfillment centers. All shipping charges are paid by you on your Amazon account. You will be provided all the details to create your shipment to Amazon including ship from address, case pack and weights of your shipment. In the alternative, we can create your shipment to Amazon for you using the cheapest shipping option available. There will be no cost for this service. In order for us to facilitate the process, you will need to provide us user permission access to create the shipment for you.
10. For all shipments not going to Amazon you are required to setup your own freight. If needed, we can assist you in finding a freight company.
11. All products are non-returnable and no refunds are available.
12. In the event that the product delivered did not match the description of the product bought, Deals for Prime will work with the customer to remedy the discrepancy. Customers should contact their service person or the Customer Service Department immediately.
13. Upon delivery of the product, the customer must count the cases delivered. Any damages or shortages must be noted on the trucker’s delivery receipt in order for Deals for Prime to address a potential issue.
14. Deals for Prime reserves the right to charge a 15% restocking fee on any pulled order that is canceled or refused.
Manufacturer’s Warranty and Disclaimers
15. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
16. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
17. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
18. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
19. In the event Amazon or any third-party marketplace restricts or suspends your selling abilities on its site due to an allegation disputing the quality or authenticity of the product, or for any other reason, we are not liable to you or the third-party marketplace. Once the product leaves our warehouse, or, in a case where the customer requests direct delivery from our supplier to the third-party marketplace, we disclaim any liability regarding the product.
20. We verify the quantity of items delivered from our warehouse to the third-party marketplace. In the event the third-party marketplace disputes the accuracy of quantity delivered, we disclaim any liability but will provide the customer with documentation verifying the quantities shipped to use in its claim against the third-party.
21. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
22. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; or (3) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. These Terms and any dispute arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.
Waiver of Jury Trials and Binding Arbitration
24. You and Deals for Prime, Inc. are agreeing to give up any rights to litigate claims in a court or before a jury. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort. Injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products through the Site will be resolved exclusively and finally by binding arbitration.