Appalachian Standard, Ross Farm LLC
Wholesale Agreement and Terms of Sale Contract
Thank you for your interest in joining the Appalachian Standard family in providing our quality CBD products to your community.
Appalachian Standard takes pride in the quality of our products and the customer service that we provide. Please feel free to contact us at any time with any concerns or questions regarding our products or your account. Below you will find the policies we currently have in place. Please read over and sign off on the information provided. By signing this document you are agreeing to the terms and conditions of our wholesale agreement.
All sales made by Appalachian Standard, Ross Farm LLC to you (“Retailer”) are governed by these Terms and Conditions of Sale unless otherwise indicated by Appalachian Standard, Ross Farm LLC in writing. Please read these Terms and Conditions thoroughly before submitting an application for a wholesale account. Appalachian Standard, Ross Farm LLC reserves the right to amend or modify these Terms and Conditions of sale at any time at its sole discretion. The failure of Appalachian Standard, Ross Farm LLC to exercise or enforce any right or provision of these terms and conditions of sale shall not constitute a waiver of such right or provision. The section titles in these terms and conditions of sale are for convenience only and have no legal or contractual effect. Appalachian Standard, Ross Farm LLC shall not accept Retailer’s purchase orders unless and until Retailer consents to these Terms and Conditions of Sale and completes the Wholesale Application. These Terms and Conditions of Sale as set forth in this document supersede the terms and conditions of Retailer’s purchase order(s) and will govern all transactions between Retailer and Appalachian Standard, Ross Farm LLC. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Appalachian Standard, Ross Farm LLC and Retailer. Either party, with 30-day written notice, can terminate the wholesale relationship.
ORDER REQUIREMENTS
PLACING AN ORDER
You will need to set up an account through our website wholesale portal. Please place your order via our online wholesale portal on our website appalachianstandard.com.
After completion of the application approval process and return of all required documentation, including this contract, you will be able to access your account and create a password.
PAYMENT METHODS
Appalachian Standard, Ross Farm LLC does not offer Net 15 or Net 30 payment terms currently. We request all orders are paid for in full before we process and ship your items. We accept all major credit cards online via the wholesale portal on our website.
Retailers agree not to file a chargeback with their issuing bank and understand in doing so Retailer gives Appalachian Standard, Ross Farm LLC the right to take legal action to enforce these conditions. In the event Appalachian Standard, Ross Farm LLC must seek legal action to enforce these conditions or collect a debt, the defendant shall bear legal fees.
MINIMUMS
We have a minimum initial purchase amount of $300.00. After the first order we don’t require minimums to restock.
SAMPLES
Appalachian Standard, Ross Farm LLC will make every attempt to accommodate free sample requests for interested businesses. Free Samples will be sent to potential wholesale accounts at the sole discretion of Appalachian Standard, Ross Farm LLC. Sample recipients must prove they are a legitimate business prior to shipment of samples, this includes an approved wholesale application and agreement to this contract. To request a Free Sample please contact us at customerservice@ross.farm.
MANUFACTURER’S SUGGESTED RETAIL PRICE (MSRP)
Products purchased from Appalachian Standard, Ross Farm LLC shall only be sold at the manufacturer’s suggested retail price (MSRP). In the event the Retailer
chooses to place the products for sale at a discount, the Retailer shall not discount the products more than 25% below MSRP. Additionally, the retailer shall incur loss of revenue in the event of placing products on sale at a discount of 25% or less.
Permission for special sale events beyond the 25% discount by the retailer must be requested in writing to Appalachian Standard, Ross Farm LLC.
CHANGES TO PRICING & PRODUCTS
Prices and products are subject to change as market costs fluctuate. All merchandise will be shipped/delivered at the prices in effect at the time of order. Appalachian Standard, Ross Farm LLC reserves the right to change ingredients, packaging and included documentation. All orders are subject to availability.
PRODUCT SHELF LIFE
Appalachian Standard, Ross Farm LLC products are stored in packaging to preserve the life and longevity of our products. All products have no preservatives, because of this we cannot guarantee the products will not spoil if not stored properly at an ambient temperature away from sunlight and heat.
All tincture, body care, and vape products have a shelf life of 24 months from date of manufacture. Edibles have a shelf life of 12 months.
PROCESSING WINDOW
Appalachian Standard, Ross Farm LLC guarantees order fulfillment within 7 to 14 business days (the processing window). Some large quantity orders may have a delayed processing window. If a delayed processing window is to occur with your order you will be notified. Please view the website for the most current processing window. Processing window is subject to change. Changes will be displayed on the Appalachian Standard website as well as our confirmation email.
BACKORDERS
Some products are generally made to order to ensure freshness. If an item ordered is unable to be fulfilled; you will be notified. In case of a backordered or out of stock item; the product can be removed from the order and the amount will be refunded back to you.
In the event of a circumstance that requires a backorder, we may hold your order to fulfill all purchased items or we may ship you the part of your order that is in stock, then if you’d still like the remaining portion, we ship the remaining product(s) of your order. You will not be charged any additional shipping and handling for the second shipment.
FULFILLMENT & SHIPPING
Appalachian Standard, Ross Farm LLC lead time for first orders begins AFTER payment and order has been submitted. Please view our website for current lead time.
Appalachian Standard, Ross Farm LLC ships 2 or 3 Day Priority through USPS. The shipping time is in addition to the current processing window. We cannot control delays due to weather conditions, or shipping delays encountered by the USPS.
Shipping rates of your order are based on flat rate USPS priority shipping rates. The retailer is required to pay for shipping.
SHIPPING ERRORS, RETURNS AND REFUND POLICY
All sales are final. Perishable or consumable items, such as CBD products, cannot be returned unless it is damaged or wrongly shipped. Due to the nature of these products, we cannot resell or refurbish the product for resale, and therefore cannot accept returns for non-damaged items. We do this to prevent tampering of our product and protect the end-user. Appalachian Standard, Ross Farm LLC shall not be liable for defects resulting from goods being stored or used where unsuitable environmental conditions prevail or which have been subject to abnormal degrees of temperature, humidity, light, strain or
another treatment.
If your order is damaged or incorrect in any way please contact us within seven business days of receiving the shipment. We will replace the missing or unsatisfactory items, give you store credit, or offer a refund, whichever is your preference. Please provide photo evidence for quality control purposes. If you do not contact us within the time given you are responsible for paying for the damaged, lost or incorrect item.
PACKAGING
All Appalachian Standard, Ross Farm LLC products are packaged in Appalachian Standard branded packaging. All products come labeled with information in regulation with the FDA. All products purchased for the intent of wholesale must be resold in the original packaging materials i.e. bags, tubs, boxes, labels provided by Appalachian Standard, Ross Farm LLC. Tampering of sealed products or labels and/or repacking provided wholesale products are a violation of this contract.
OUR COMMITMENT TO SHIP ECO-FRIENDLY
Preserving the environment is one of Appalachian Standard’s primary missions.
Please note that the plastic bubbles we use are either made from recycled plastic, compostable, or repurposed from other incoming shipments. The packaging materials, tape, and box are all biodegradable.
WEB COMMERCE
No products or goods purchased from or produced by Appalachian Standard, Ross Farm LLC shall be resold by or through any on-line auction or online store (such as
EBay, Amazon or other similar sites). Intentional or repeated failure to abide by this policy will result in termination of the wholesale account.
EDUCATION & STAFF TRAINING
Appalachian Standard can provide assistance over the phone, via email. If you are local to the Asheville NC area we can provide in-person training. Contact us directly at customerservice@ross.farm and let us know how we can assist you in getting more familiar with our products, CBD, and uses.
WARRANTY
Retailer agrees that Appalachian Standard, Ross Farm LLC makes no warranty, express or implied, as to the merchantability of Appalachian Standard, Ross Farm LLC products. The Retailer also agrees that Appalachian Standard, Ross Farm LLC is not liable for any misuse or misrepresentations of the goods by the Retailer or consumer, and indemnifies Appalachian Standard, Ross Farm LLC for any legal actions that emanate from such actions. Appalachian Standard, Ross Farm LLC is not liable or responsible for suitability of our CBD products for a particular application, merchantability, or any injury, loss or damage, direct or consequential, arising out of the use or inability to use Appalachian Standard products. The Retailer and its customers assume all risk, responsibility and liability for use of Appalachian Standard, Ross Farm LLC products.
PRODUCT IMAGES, COPYRIGHTS AND BRAND ASSETS
Appalachian Standard, Ross Farm LLC will make available images and brand assets that you might require for your print and online presence by request. Any imagery
you provide must be approved prior to use (please allow adequate lead-time for approval; one (1) week is recommended).
All materials published on the Appalachian Standard, Ross Farm LLC website, packaging and promotional materials (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Appalachian Standard, Ross Farm LLC or the party credited as the provider of the material. The entire contents of these documents are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. No material from this website or any website owned, operated, licensed, or controlled by Appalachian Standard, Ross Farm LLC, product packaging, or other
promotional documentation may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without permission. You acknowledge that you do not acquire any ownership rights by downloading, printing or reproducing copyrighted material. The use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Appalachian Standard, Ross Farm LLC or the other designated owner of a posted mark. Retailers agree not to allege to consumers that they, nor their appointees, manufactured these products.
CONFIDENTIALITY
Wholesale prices and price lists of Appalachian Standard, Ross Farm LLC products are confidential, and for the use of the Retailers only. Publishing, revealing or disseminating the wholesale pricing of Appalachian Standard, Ross Farm LLC product line outside of the business of the Retailer is strictly forbidden without prior written consent from Appalachian Standard, Ross Farm LLC. Failure to preserve the confidentiality of Appalachian Standard, Ross Farm LLC in its wholesale pricing listing will result in the immediate and permanent termination of wholesale status of the Retailer.
All recipes are property of Appalachian Standard, Ross Farm LLC and are confidential. At no time now or in the future can a Retailer attempt to recreate and/or produce any Appalachian Standard, Ross Farm LLC recipes with similar ingredients or by a similar name. Appalachian Standard, Ross Farm LLC reserves the right to seek compensation for any loss or damages that would result from any breach of confidentiality.
FDA LANGUAGE
You must comply with FDA guidelines in the product descriptions. It is your responsibility to be aware of FDA regulations and guidelines. Please comply with the guidelines listed on the FDA website. We will not process orders for any company that is out of compliance with this policy. *Please be aware that an FDA disclaimer is not sufficient to prevent prosecution by the FDA in regards to medical claims. We reserve the right to withhold wholesale pricing from anyone who does not comply with our wholesale protocols.
Thank you for understanding and reviewing our protocols. Please sign this contract ensuring you understand and are in agreement with these terms. This contract is legally binding.