ATLAS INTERNATIONAL DEALER TERMS & CONDITIONS

TERMS
A Dealer Credit Application must be completed to be approved for credit terms. All invoice terms for items purchased on credit are NET 7 days from date of invoice unless otherwise specified. Fee of $30.00 shall be charged on all returned checks, and dealer agrees to pay all costs of invoice collections and any reasonable attorney fees.

RETURNS
Dealer understands that there is a minimum of 15% restocking fee on all returned goods and that a written Returned Merchandise Authorization (RMA) is required from Atlas International in order to credit any returns. Also, any custom manufactured items may not be cancelled or returned to Atlas International. Product returns are not allowed after 30 days from purchase. If an item is refused when delivered by a commercial shipping company for any reason other than damaged merchandise or shipping error by us, the item shall be treated as a return and a 15% restocking fee will be applied. Also, an additional charge of 10% and any additional freight carriers can and may be charged.

FREIGHT/SHIPPING COSTS
Flat Rate shipping may be subject to change without notice. Also Flat Rate Shipping is limited to US Shipments only.
Dealers are responsible for any duties and/or taxes.

FREIGHT/SHIPPING DAMAGE
Visible Loss or Damage
We encourage all dealers to use their own shipping accounts. Under these circumstances, a dealer can file a claim directly with their own carrier for any shipping related damage.
If a dealer decides to use Atlas International’s shipping account, they will be subject to the following terms:
Atlas International will only be responsible for any damages related to shipping and that are incurred while In transit up to the time of Delivery provided that the following criteria are met:
The customer has refused the damaged shipment or indicated directly on the delivery receipt that the item is damaged or may have concealed damage
The nature of the damage shows that it is from the shipping process and not caused by an attempt to install the unit or customer negligence
Atlas will either, at its own election, refund the original payment, issue an available credit or send replacements of the specific unit/part that was damaged
When a customer signs for a shipment, they are indicating that the shipment has been “RECEIVED IN GOOD CONDITION”. In the event that a shipment is signed for but is later discovered to be damaged, the responsibility of replacing the unit or issuing a refund to the customer becomes the responsibility of the dealer. It is also the dealer’s responsibility to ensure that their customers are aware of standard shipping policies.
If the customer prefers a replacement unit, the costs for the replacement unit must be paid to Atlas before shipping. Atlas will attempt to mitigate these costs for the dealer by filing a claim with the shipping company. Any amount won from this claim will then be refunded or credited back to the dealer
If the customer prefers a refund instead of a replacement, it is the dealer’s responsibility to issue a refund to their customer. Atlas will attempt to mitigate these costs for the dealer by filing a claim with the shipping company. Any amount won from this claim will then be refunded or credited back to the dealer
Any external evidence of loss or damage that occurred during transit is considered visible loss or damage and must be noted on the bill of lading and signed by the carrier's agent (driver). Failure to adequately describe the visible loss or damage could result in the carrier delaying or refusing to honor the freight claim. If your client is not given enough time by the freight driver to fully inspect all items or there is any doubt that the items are not damaged - the client should note “SUBJECT TO INSPECTION” on the delivery receipt.

Concealed Loss or Damage
Any damage that occurred during transit that was not visible at the time of delivery is considered concealed loss or damage. Due to rough handling in transit it is possible to damage the contents of a box without damaging the outside of the box. If such a situation occurs it is important to contact Atlas International immediately for instructions on how to handle the claim. If a claim is to be filed it is important to save the box or any other delivered container that the damaged merchandise arrived in. Your client must open all received boxes and inspect products for concealed damage within 3 business days of delivery.

Additional Freight Charges
Please note that any additional freight carrier's fees such as re-delivery, special notification, inside delivery or any other freight carrier's additional services are the responsibility of the dealer and/or dealer's client (unless otherwise noted on your order).If such services are requested by dealer or customer from the freight carrier and billed to Atlas International, all such fees shall then be re-billed to dealer. If the freight carrier is unable to deliver the freight due to problems with contacting dealer and/or client or setting up delivery appointments, storage fees may be assessed by the carrier - in such case all storage fees are the responsibility of the dealer and shall be billed to the dealer.
PRICES
Dealers are provided with a Minimum Advertised Price (MAP) or “Lowest Published Price” for all Atlas International products. Dealers are required to maintain such minimum price for any print or internet advertising, but may sell the products at any price. All orders shipped will be priced according to prevailing prices at the time of shipment. All product prices are subject to change.

ONE YEAR WARRANTY LIMITED TO PARTS
This warranty extends only to the original owner / end-user for personal household use only. For commercial uses, additional limitations may apply. Atlas International warrants steam showers, range hoods, tubs, toilets, and vanities to be free from defects in workmanship and materials under normal use and service for a period of one (1) year. Atlas International will, at its election, repair, replace, or make appropriate adjustment where Atlas International optional inspection discloses any such defects occurring in normal usage within the warranty periods. Please note that Atlas International is not responsible for installation or removal costs. Improper modification of any products may void the warranty. This warranty does not cover any claim arising from abuse, misuse, negligence, accident, improper installation or operations on the part of the purchaser. This warranty is void if the Atlas International product is subject to alterations, or if repairs are attempted by anyone other than an authorized agent of Atlas International. This warranty does not extend to any plumbing or components installed by dealers, installers, or by any party other than Atlas International. Implied warranties, including that of merchant ability or fitness for a particular purpose, are expressly limited in duration to the duration of this warranty. Atlas International disclaims any liability for special, incidental, or consequential damages.

NATURAL STONE DISCLAIMER
Natural stones are products of the nature. Therefore, variations in color, pattern, texture and veining must be accepted. These differences and variations in stone should be considered as the beauty of natural stone instead of flaws.

Purchaser acknowledges that natural stones vary in color, pattern, and texture. The actual stone delivered may differ from the sample or picture(s) shown. The purchaser acknowledges that additional stone ordered at a later date can be more expensive and cannot be guaranteed to match the original stone.

Returns due to color of the material will be subject to 15% Restocking Fee. Purchaser is also responsible for the original and return freight charges. Natural Stone products are products of the nature and variations in color, pattern, texture and veining must be accepted.

No returns, refunds or exchanges after 30 days of order receipt date.

PRODUCT LIMITATION OF LIABILITY
Atlas International shall not, under any circumstances, be liable for special or consequent damages, such as, but not limited to, (1) damage to or loss of other property or equipment, (2) loss of profits, revenue or reputation, (3) cost of replacement goods, (4) cost of storage, handling and/or care of damaged, defective or nonconforming goods or (5) claims of buyer’s customer or service interruptions. Atlas International is not responsible for any additional parts or equipment required for the installation or use of any of its products or merchandise, such as plumbing supply requirements (elbow joints, valves, pipes, etc). Atlas International is not responsible for the installation of any of its products or merchandise.
The liability of Atlas International arising out of or related in any way to the sale, delivery, resale, installation or use of the goods sold by or furnished by Atlas International, whether arising out of contract, negligence, strict tort, or any warranty or otherwise, shall not exceed the price of the specific goods upon which liability is to be based. Buyer’s remedies for any breech of this agreement by Atlas International, or with respect to Atlas International’s liability under this agreement shall be limited to either Atlas International’s choice of any of the following: (1) the repair of the goods, (2) the replacement of the goods, (3) the return of the goods in question to Atlas International and the return to the buyer of any consideration paid to Atlas International for said goods.

PRODUCT CHANGES
We reserve the right to discontinue, alter, modify, or redesign products at any time.

AUTHORIZATION
We have read the Atlas International Dealer Terms and Conditions and our company agrees to be bound by such Terms and Conditions in order to remain an active Atlas International dealer. In any advertising of Atlas International products we will follow the Minimum Advertised Price (MAP) policies and shall use Atlas International logos and names with any such products being advertised. We agree that should any conflict arise in our relationship with Atlas International Inc that may require legal action, it shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.