PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PLACEMENT OF ORDERS. ALL CUSTOMERS OF COMPANY AGREE THAT ALL ORDERS ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND YOUR SUBMISSION OF ANY ORDER CONSTITUTES AN AGREEMENT ON YOUR BEHALF TO THE TERMS AND CONDITIONS INDICATED HEREIN AND OTHER APPLICABLE LAWS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT PURCHASE ANY PRODUCTS FROM COMPANY.

Any use of the terms “we, our, us, and company” refers to Supplement Center, LLC and its members, directors, officers, agents and employees. Any use of the terms “you, your, and user” refers to you, the customer.

THIS IS A WHOLESALE PURCHASE AND YOU MUST BE OVER 18 AND HAVE VALID TAX ID. To protect our wholesale customers, you must Register an account with your sales rep and provide us with a tax or resale ID number in order to view prices and place orders. You are responsible for ensuring that you are eligible for the exemption you are claiming and will be required to provide a resale certificate in the states in which you are requesting shipment of our products or you will be assessed sales taxes. Each state’s laws governing exemptions are different, and you will be held liable for any tax, interest, and possible penalties imposed by the member state if your purchase is not legally exempt. To determine what sales and use tax exemptions are allowed in your particular state, please refer to your state’s web site or other information available relating to their exemptions.

Indemnification

You agree to indemnify, defend, and hold harmless Supplement Center, LLC its officers, directors, managers, employees, agents, licensers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including without limitations, reasonable attorneys’ fees, resulting from: (a) any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person purchasing from you, and/or (b) for any applicable state sales, use, excise or ad valorum taxes  associated with your order.

Notice

We may deliver notice to you by means of e-mail, or by other reliable methods to the address you have provided to us.

Disclaimer of Warranties

EXCEPT FOR EXPRESS WARRANTIES AGAINST DAMAGE TO PRODUCTS OR PACKAGING OR INGREDIENTS NOT CONFORMING TO PRODUCT LABELING, THE PRODUCTS ARE PROVIDED, AND YOU ACCEPT THE PRODUCTS “AS IS” WITHOUT OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS PERFORMANCE, ACCURACY, OR COMPLETENESS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF YOUR USE OR PERFORMANCE OF THE PRODUCTS, INCLUDING COMPLIANCE WITH LAW, IS, AND REMAINS, WITH YOU.

Revisions To Terms & Conditions

We may at any time make any changes to these terms and conditions. It is your responsibility to occasionally check the terms and conditions to assure that you fully understand the terms to which you agree to by purchasing from us. We are not required to issue a statement as to changes made to the terms and conditions and as such, you are advised to check these terms and conditions for changes prior placing orders.

Price Changes

All prices provided by your sales rep are wholesale prices that are subject to change without notice. We are not responsible for typographical errors appearing in any of our materials or communication.

Payment Terms and Credit Process

Standard payment terms for new wholesale accounts is payment in full prior to orders being shipped. In the event a Wholesaler has established a line of credit, outstanding invoices draw against the credit limit, so this may require some invoices to be paid earlier than due to bring the credit balance below the approved limit for new orders to be fulfilled. Note that any outstanding orders in production may be placed on hold until payment has been received to bring the credit limit balance to its approved limit amount. 

Return Policy and Damages

Only manufacturer defects or items damaged during shipping will be authorized for full credit. Returns are authorized only for mis-shipped items.

Damaged items are to be submitted with photos to us, noted upon delivery and on BOL at time of delivery or shall be deemed waived. You are advised to inspect the shipment of all products prior to accepting delivery.

All orders leave our warehouse in good condition. If your boxes appear to be opened, re-taped, damaged, or tampered with in any way, you must keep the original boxes and file a claim with the carrier. If your order arrives in good condition but contains damages, shortages, or overages, please contact our Customer Service Representative to file a claim. If it is our fault, any damaged or shorted merchandise will be credited or reshipped at our expense. In the case of overages or incorrect merchandise, we will arrange for return shipping.

Shipping & Delivery

At this time, we ship merchandise to locations within the United States, including Alaska and Hawaii. There is a surcharge for shipments being sent to Hawaii or Alaska. The risk of loss and title for all merchandise ordered on this Website passes to you when the merchandise is delivered to the shipping carrier. Local customers can arrange pick up at our Los Angeles, California warehouse.

Trademarks

All of our trademarks, service marks and trade names (collectively, the “Marks”)used in the site are our sole intellectual property. You have no right to display, use, sub-license, publish, maker derivative works from or exploit any of our Marks in any manner except as specifically authorized by us in each instance and in writing. You are not granted any license to the Marks or the right to market any products depicting our Marks without express written authorization from us in each instance.  All rights to the Marks are hereby expressly reserved by us and you agree that you shall not challenge or contest the validity of our Marks at any time or register any trademarks that is confusingly similar to the Marks.

Typographical Errors

In the event that one of our products is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed.

Important

By purchasing any item sold by us, you expressly warrant that you are is in compliance with all applicable Federal, State, and Local laws and regulations regarding the purchase, ownership, and use of the item.  It shall be your responsibility to comply with all Federal, State, and Local laws governing the sale of any items listed, illustrated, or sold.  You expressly agree to indemnify and hold harmless the Service Provider for all claims resulting directly or indirectly from the purchase, ownership, or use of the item in violation of applicable Federal, State, and Local laws or regulations.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, WHETHER BY COMMON LAW OR STATUTE, ARISING HEREFROM OR RELATED HERETO IN ANY CAUSES OF ACTION OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  the service providers’ TOTAL LIABILITY TO YOU FOR EVERY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR US TO REFUND ANY PAYMENTS RELATED TO THE ORDER PLACED BY YOU TO WHICH SUCH CLAIM OR LIABILITY AROSE.

Disputes

All disputes between the parties shall be adjudicated solely in the state and federal courts located in Los Angeles, California applying California law, and both parties expressly consent to such venue and choice of law, without regards to California’s conflicts of laws rules.

Order Process

1) APPROVAL: Customer must REPLY to the email containing the Sales Order with their written approval. Once approval has been received, the fulfillment process will commence.

2) CHANGES: quantities can be amended within 72 hours of Approval, otherwise orders are considered final.

3) SHIPPING ADDRESS: Recipient address can be amended prior to shipment by replying to this same email so it’s attached to this specific Sales Order.

The Sales Order is a binding contract and cannot be changed except by mutual agreement. Any conflicting terms in Customer’s Purchase Order are void and superseded by the Sales Order.

In the event of non-payment, Customer agrees that Supplement Center, LLC will be entitled to recover its attorneys’ fees, collection costs and expenses plus interest at a rate of 1 1/2% per month on outstanding amounts. We reserve the right, in our sole discretion, to extend, limit or rescind credit terms at any time.