Resellers
Want to become a reseller and sell Sockwa?
Terms and Conditions
Sockwa, Inc. (“Sockwa”) sells only to legitimate wholesale dealers (“Dealer”) or trade resellers (“Reseller). Sockwa reserves the right to determine the appropriateness of any Dealer or Reseller to represent its products and to discontinue sales to any Dealer or Reseller at any time. Wholesale prices are for stocking dealers only. For Dealers, Sockwa requires a seventy-two (72) piece minimum opening order (the “Dealer Opening Order”). Dealer Opening Orders require prepayment by wire transfer, major credit card, business check, or e-check. All prices shall be those in effect at the time of each shipment. Sockwa reserves the right to increase or decrease prices without notice.
Domestic Terms of Payment. Terms for products are “net 30 days” with a signed purchase order and Credit Approval, or prepayment via credit card, money order or check (unless stated otherwise in contract). Standard credit terms include a one percent (1%) cash discount on the invoice total, excluding taxes and shipping fees, offered for payments received within ten (10) days of date of invoice. Sockwa reserves the right to rescind cash discount terms for those abusing them. Sockwa may decline to deliver except for cash or stop goods in transit if any reason to question the financial responsibility of the customer develops. After an Opening Order, a customer may complete a Sockwa Credit Application. Upon approval of such Credit Application by Sockwa’s Credit Department, Sockwa may allow customer a line of credit. Sockwa reserves the right to reduce, modify or cancel credit limits or credit amounts and to change or otherwise modify payment dates, late charge amounts or any other credit sales terms at any time and without any notice whatsoever. Sockwa will not, without prior notice, increase late charge amounts or reduce the discount amount, except as provided herein. Customers completing the Credit Application should allow three (3) weeks for the Credit Application to be processed. If credit is not approved prior to shipment, Sockwa may request payment in advance on special products or in special situations. A late charge calculated at one and one-half percent (1-1/2%) per month (eighteen percent (18%) per annum) of the invoice total will be assessed and added from the date invoiced if payment is not received by Sockwa on or before the due date, or unless special payment arrangements have been made in advance with written approvals by Sockwa. The original invoice and remittance copy will be emailed and mailed to the customer’s billing address as reported to Sockwa. Sockwa may, at its sole discretion, offer to customers volume discounts taken from the invoice total, excluding taxes and shipping fees, based on the volume of products ordered. Freight charges apply as an additional cost on all items. All shipments are EX-Works. Freight charges are subject to change without notice. Unless otherwise requested, Sockwa products are shipped via standardized freight for all non-truck shipments within the continental United States. Truck freight rates will be quoted upon request for all quantity shipments of products. Additional charges will be assessed when special services including but not limited to lift gate or residential delivery are requested or, at Sockwa’s discretion, required. A $7.50 charge per shipment will be assessed to drop ship to an additional address. An additional $10.50 charge per shipment will be assessed for drop shipments for mail order outlets such as catalogs or World Wide Web retailers. Retailers offering Sockwa products for sale on the Internet must enter into a Retail Agent Agreement with Sockwa prior to offering any Sockwa products on the Internet. Delivery predictions are based upon best information available, but are without guarantee. Circumstances beyond Sockwa’s control may render such predictions inaccurate. Sockwa specifically accepts no penalty for late shipments unless it has made a delivery guarantee in a prior-authorized writing. Sockwa’s contract sales personnel, including but not limited to authorized Dealers and Resellers (collectively, “Sales Personnel”), are not authorized to make warranties about Sockwa merchandise. ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES. Oral statements made by Sockwa employees or other Sales Personnel shall not be relied upon by a customer and shall not become part of any contract for sale. The entire sales contract between a customer and Sockwa will be set forth in the invoice and/or accompanying or reference documents provided by Sockwa to the customer or Sales Personnel. No other warranties are given beyond those set forth in those documents.
Limited Warranty. Sockwa warrants that its products (except as may be further disclaimed on a particular invoice or in these Terms and Conditions) will be of the kind and quality described in the order or contract and will be free of defects in workmanship or material. Should any failure to conform to this warranty on the Sockwa footwear appear within one (1) year after the invoice date, Sockwa will, upon written notification thereof, take commercially reasonable steps to correct such defects, at Sockwa’s sole option, by suitable repair, replacement or refund. Corrections of nonconformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Sockwa to any customer with respect to the goods, whether based on contract, negligence, strict tort or otherwise.
Limitation of Warranty. Sockwa warrants that its products shall not under any circumstances be liable for special, incidental or consequential damages such as, but not limited to, damage to or loss of other property or equipment, loss of profits or revenue, cost of capital, cost of purchased or replacement goods or related claims of a customer. Customers’ remedies set forth herein are exclusive. The liability of Sockwa under these Terms and Conditions, or from negligence, strict tort or under any warranty or otherwise, shall not exceed the price of the goods upon which such liability is based. Sockwa reserves the right to sell certain goods “AS IS,” without any warranty whatsoever, by indication on the invoice or sales receipt for such goods.
Damaged Items. If a package is damaged in transit, customer should refuse it back to the carrier if possible. If customer receives a damaged package, customer should note on the carrier’s delivery report the condition of the shipment. Customer should also save the packing boxes. Damaged products must be reported to Sockwa’s Customer Service Department immediately upon receipt. Customer is responsible for informing the Sockwa Customer Service Department of the specifics as to the damaged goods at the time of delivery or upon delivery receipt, for crates and/or boxes that arrive damaged from a freight company. In the event a customer has questions at the time of delivery, the customer should contact his/her Sales Personnel or a Sockwa Customer Service Representative prior to signing for the shipment(s). Sockwa’s personnel will work to resolve any defects by providing replacement parts or instructions as necessary. Customer will not be charged a restocking fee for severely damaged or defective product(s). During a customer’s contact with Sales Personnel or a Sockwa Customer Service Representative, the customer should indicate whether he/she would prefer to receive a credit or, upon the return of the damaged or defective product(s) to Sockwa, to have the product(s) replaced and re-shipped at no charge. Any damaged products can be exchanged only for the same item, assuming it is available. Returned goods will not be accepted, nor will credit for returned goods be extended unless (i) prior written permission from Sockwa is obtained by contacting the Sales Personnel with whom the order was placed and obtaining a Sockwa Returned Goods Authorization (“RGA”); (ii) customer clearly marks the RGA number on the package (returns will be refused without a clearly visible RGA number); (iii) transportation charges for the returned product(s) are prepaid by customer; and (iv) Sockwa receives such returned product(s) within thirty (30) days after receipt of the products by or on behalf of customer. Without exception, no merchandise will be accepted without a Sockwa RGA. The return of goods without a Sockwa RGA could result in additional costs to customer.
Sockwa reserves the right to authorize product returns beyond thirty (30) days from the invoice date, upon written approval. Some Sockwa products may not be returned for a credit or refund. If returned, the products will be disposed of or recycled without notification to customer. Returns other than those due to manufacturing defects or damage in transit shall be subject to a twenty-five percent (25%) of the invoice restocking fee. Goods must be packaged properly to avoid damage in shipment. Original shipping charges will not be refunded on returned items. Customer must insure his/her shipment of the returned product(s) and such shipment must be prepaid. Sockwa suggests using a carrier that provides tracking information or proof of delivery for customer’s protection.
Overages and Shortages. Sockwa reserves the right as a manufacturer to ship plus or minus ten percent (5%) of the quantity ordered. Claims on account of shortages must be made to the Sales Personnel with whom a customer’s order was placed within five (5) days after receipt of shipment. Prior payment will not prejudice a claim. Questions concerning freight or pricing discrepancies should be made prior to payment with the Sales Personnel with whom the order was placed. Whenever the payment amount differs from the amount invoiced, documentation should accompany any check that is presented to pay that invoice. Sockwa is required to collect California state sales tax for items deemed taxable in California, or whenever merchandise is picked up or shipped to California. The only exception will be if Sockwa is supplied with a valid and properly completed blanket or unit exemption certificate. If Sockwa is not in receipt of a certificate at the time of invoicing, sales tax will be applied to that invoice. Deductions for sales tax at time of payment will not be cleared until the certificate is received. Not forwarding a certificate may endanger customer’s credit status due to open balances on customer’s account.
Accounts Receivable. Customer agrees to pay all costs and expenses of collection actually incurred by Sockwa in collecting any amounts due to Sockwa, whether or not Sockwa retains an attorney.
Acceptance of Goods. Customer agrees that his/her signature by his/her representative or affiliate to receive the product(s) or on any order confirmation, invoice, delivery receipt, purchase order, or other sales receipt is presumed to establish customer’s acceptance of these Terms and Conditions.
Disclaimers. These Terms and Conditions do not constitute an offer by Sockwa to sell or extend credit. Each Sockwa Credit Application, request for credit, credit transaction and customer order are subject to prior approval by Sockwa. Sockwa shall not be responsible for typographical errors. Additional items may be posted on Sockwa’s website at www.sockwa.com.
Miscellaneous Provisions.
Waivers. Pursuit of any one remedy shall not preclude pursuit of any other remedies provide for herein or by law. No waiver of one violation of these Terms and Conditions shall be deemed to constitute a waiver of any similar violations subsequently occurring or any other violation whatsoever.
Governing Law and Venue. All matters relating to the enforcement or interpretation of this sale transaction and this statement of Terms and Conditions shall be governed by the laws of the State of California. The parties to this sales transaction hereby consent to exclusive jurisdiction and venue by the courts of the State of California as the location where the sale contract was made, and agree that any suit or action to enforce or interpret any matter relating to this transaction may be brought only in the courts within the State of California in Ventura County.
Arbitration. Any controversy between the parties involving the construction or application of any of the terms, covenants, or conditions of these Terms and Conditions shall be submitted to arbitration in Oxnard, California, on the request of any party, and the arbitration shall comply with and be governed by the provisions of the California Arbitration Act (California Code of Civil Procedure Sections 1280- 1294.2).
Attorneys’ Fees. If any legal proceeding, arbitration or other action is brought or threatened for the enforcement or interpretation of these Terms and Conditions, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms and Conditions or any transaction arising hereunder, and the prevailing party in any such action(s) should incur any legal fees, including, but not limited to, attorneys’ fees, paralegal fees, expert witness fees and other similar costs, the successful or prevailing party or parties to any such dispute or action shall be entitled to recover their reasonable attorneys’ fees and additional legal costs incurred, together with any other relief to which they may otherwise be entitled, as determined by an arbitrator, judge at trial, or upon appeal or petition.
Severability. If any one or more of the provisions contained in these Terms and Conditions are held to be invalid or unenforceable in any respect, such invalidity or un-enforceability shall not affect any other provision, and the intent manifested thereby shall be recognized.
Intellectual Property. All designs appearing on Sockwa products are copyrighted or licensed by Sockwa, Inc. Sockwa is a registered trademark of Sockwa, Inc. All rights reserved. Sockwa, Inc., 4347 Raytheon Road, Oxnard, CA 93033 U.S.A.
