BLADE-TECH RETAILER TERMS AND CONDITIONS


BLADE-TECH RETAIL PROGRAM POLICY

Blade-Tech Industries, Inc. (“Blade-Tech” or “we”) started in 1995 with one mission in mind: create the best concealed carry gear in the industry, period. Over two decades later, we continue to lead the way in new technologies and innovation to provide the highest quality precision molded and handcrafted holsters on the market.

This innovative approach and growth-oriented mindset has spawned many patented modular attachments such as the TEK-LOK, the Molle-Lok and the TMMS (Tactical Modular Mount System) all of which have raised the bar when it comes to reliable and versatile carry options.

Blade-Tech has determined that in order to compete against existing holster companies and to properly position Blade-Tech products in the market, it must exercise a degree of control over the resale of our products.

We recognize that our authorized retailers invest time and resources to deliver an extraordinary customer experience through their knowledgeable staff and compelling presentation. To support our retailers’ efforts, Blade-Tech wishes to establish policies that allow retailers to earn the profits necessary to maintain the high-quality customer service people have come to expect from Blade-Tech resellers.

To protect the investment of our retailers and Blade-Tech’s brand reputation, we have unilaterally adopted our BLADE-TECH Retail Program Policy. Our BLADE-TECH Retail Program Policy has several components, including: (1) our Manufacturer Suggested Retail Price Policy (“MSRP Policy”); (2) our Minimum Advertised Price Policy (“MAP Policy”); and (3) our Marketplace Restrictions Policy (“Marketplace Restrictions Policy”).

MSRP (MINIMUM SUGGESTED RETAIL PRICE) POLICY

Although retailers remain free to establish their own resale prices, Blade-Tech will, without assuming any liability, refuse to accept any new orders from any retailer immediately following Blade-Tech’s verification to its satisfaction that such retailer has advertised, offered, or sold any Blade-Tech products at a net retail sales price less than the minimum price established by Blade-Tech (the “Minimum Price”).

Our Minimum Price may be modified at any time by Blade-Tech and may be affected by promotions announced by Blade-Tech or may change during promotional periods designated by Blade-Tech.

The Minimum Price effective January 1st, 2018, is attached to this policy. Blade-Tech will not discuss any conditions of acceptance related to this MSRP Policy, as it is non-negotiable and will not be altered for any retailer. Additionally, Blade-Tech neither solicits nor will it accept, any assurance of compliance with this MSRP Policy. Nothing in this MSRP Policy shall constitute an agreement between Blade-Tech and any retailer that the reseller will comply with this MSRP Policy.

Blade-Tech sales personnel lack the authority to modify or grant exceptions to this MSRP Policy.

MARKET PLACE RESTRICTION POLICY

As of January 1st, 2018, Blade-Tech will no longer sell to retailers who currently sell, or have the intention of selling Blade-Tech products, through third-party URLs or marketplaces. Blade-Tech defines third-party URLs or marketplaces as any ecommerce website where consumer transactions are processed by the marketplace operator and the products are provided by third parties. Such URLs or marketplaces include Amazon.com, ebay.com and any other site that facilitates third-party selling.

This Marketplace Restriction Policy ensures that Blade-Tech can properly support its brand image and encourage reseller investment in the advertisement and marketing of Blade-Tech products.

MAP (MINIMUM ADVERTISED PRICE) POLICY

Blade-Tech established this MAP Policy because retailer advertising and sales practices that promote Blade-Tech’s products primarily on the basis of price could be detrimental to resellers’ customer service and support efforts and Blade-Tech’s competitive position. Such activities can be harmful to Blade-Tech’s brand, reputation and competitiveness, and allow some resellers to take advantage of, and freeride on the service and support efforts of others. Blade-Tech believes that these practices are unfair and thus discourages such efforts.

Blade-Tech, in its unilateral discretion, will not do business with any reseller, as to the products covered by this MAP Policy (the “MAP Products”), if that retailer intentionally advertises any MAP Product below the price suggested by Blade-Tech (the “MAP Price”). Blade-Tech is confident that this program will strengthen its competitiveness and benefit all of its resellers as well as its resellers’ customers.

RETAILER RETURN POLICY

At Blade-Tech, we take pride in creating high-quality products that are crafted to withstand even the toughest environments. We have stringent policies in place to ensure your order arrives on time and as expected. We want you to be completely satisfied with your order and therefore, we provide our retailers with 30 days to return the product(s) if their expectations were not met.

To return a product(s):

1. Call our Customer Experience line at: (877) 331-5793

2. A Customer Experience Specialist will assist you in submitting a Return Request Form.

3. A Return Authorization (RMA number) and packing slip will be emailed to the contact listed on your Return Request form within three business days if your return is accepted. If your return is invalid (past the 30 day return window) and is not accepted, you will also receive a response within three business days notifying you.

4. Your RMA number is valid for one week from the issue date and the return shipment date must reflect this timeframe. Returns received without a valid RMA number or with an expired RMA number will not be accepted and will be returned to the Retailer at their cost.

5. Products must be returned in new condition and in original packaging.

6. Please include the packing slip in your shipment and address your package(s) to:

ATT: RETURNS

Blade-Tech Industries

5530 184th St E

Puyallup, WA 98375

NOTE:

- Retailers pay for shipping on orders and returns

- Returns will only be accepted up to 30 days after the ship date and must be in new condition and in the original packaging

- Returns are subject to a 25% restocking fee

- Claims on orders must be filed with a Customer Experience Associate within 3 days of the order arriving at your location

OFFICIAL POLICY AND GUIDELINES

1. Blade-Tech reserves the right, in its unilateral discretion, to take other action with respect to any reseller that acts contrary to the Retail Program Policy.

2. The Retail Program Policy will be enforced by Blade-Tech in its sole discretion.

3. Blade-Tech recognizes that any authorized Blade-Tech reseller can make its own decisions to advertise and sell any Blade-Tech product at any price it chooses without consulting or advising Blade-Tech. Blade-Tech similarly has the right to make its own independent decision regarding product allocations at any time.

4. All Blade-Tech products will have a MAP Price. The MAP Price is currently 15% less than Blade-Tech’s MSRP. Listing a price other than the MAP Price next to the featured MAP Product in any advertising will be viewed as acting contrary to this MAP Policy. This MAP Policy applies to all advertisement of MAP Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogs, mail order catalogs, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage. Such website features as “Click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the reseller (rather than by the customer) and this constitutes “advertising” under this MAP Policy. This MAP Policy also applies to any activity which Blade-Tech determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for “group purchases” and the like.

5. A retailer does not act contrary to this MAP Policy if it advertises in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or if a retailer uses similar phrases; so long as the retailer does not include any advertised price below the MAP Price for Blade-Tech products and otherwise follows this MAP Policy.

6. From time to time, Blade-Tech may permit retailers to advertise MAP Products at prices lower than the MAP Price. In such events, Blade-Tech reserves the right to modify or suspend the MAP Price with respect to the affected MAP Products for a specified period of time by providing advance notice to all resellers of such changes. Any advance notice to retailers shall be provided through the Retailer Gateway or via email.

7. From time to time, Blade-Tech may offer a direct manufacturer’s rebate to customers. In such events, a retailer will not be acting contrary to this MAP Policy if it advertises the availability of the manufacturer’s rebate, provided that: (a) the advertisements include a price that follows this MAP Policy, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after the manufacturer’s rebate; and (c) the phrase “*After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.

8. Where Blade-Tech products are bundled with or sold as part of a package that includes other products, a reseller shall be acting contrary to this MAP Policy if it sells or advertises the bundle (or package) at a price that: (a) has the effect of valuing a bundled (or packaged) MAP Product at less than our MAP; or (b) runs counter to the letter or spirit of the MAP Policy. A reseller shall be acting contrary to this MAP Policy if it bundles MAP Products with (or sells MAP Products as part of a package that includes) products that Blade-Tech has not pre-approved as acceptable products to include in a bundle (or package) containing a MAP Product.

9. A retailer shall be acting contrary to this MAP Policy if it includes in any advertising for MAP Products any additional discount, coupon, gift card, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any MAP Product below the MAP Price. Advertising that includes an additional discount, coupon, gift card, points, or any other incentive for future purchases (regardless of whether the future purchases is of a Blade-Tech product) shall be evaluated under the same guidelines as described in Section 9 regarding product bundling. For example, a gift card redeemable for a future purchase would be considered an “other product” under Section 9. This Section 9 shall not apply to any manufacturer’s rebate from Blade-Tech on Blade-Tech Products.

10. A reseller shall not be acting contrary to this MAP Policy if it advertises that a customer may “call for price” or “email for price,” or if it uses similar language, specifically with respect to the MAP Products, so long as no price is listed.

11. If a retailer with multiple store locations acts contrary to this MAP Policy at any particular store location, then Blade-Tech will consider the retailer to be acting contrary to the MAP Policy at all of the retailer’s locations.

12. Although resellers remain free to establish their own resale prices, Blade-Tech reserves, in its sole discretion, the right to refuse to accept any new orders from any resellers following Blade-Tech's verification that such resellers have advertised any MAP Products at a net retail sales price less than that of the then-current MAP Price established by Blade-Tech, or if the resellers have acted contrary to this Distribution Policy in any other way.

13. Blade-Tech’s sales representatives are NOT authorized or permitted to discuss this Retail Program Policy or make any agreements or assurances with respect to this Retail Program Policy regarding retailer advertising or pricing. This lack of authority on the part of Blade-Tech sales representatives extends to any consumer program or promotion that affects Blade-Tech Products.

ADDITIONAL POLICIES AND GUIDELINES

STANDARD TERMS:

Net 30 days from the date of the invoice on approval of credit or as otherwise approved by Blade-Tech Credit Department. FOB Puyallup, Washington. Terms and prices subject to change without notice. Late Payments subject to maximum legal finance charge plus collection and legal fees to collect past due balances. Opening orders will require payment before shipment.  

DELINQUENCY:

Any account that is frequently delinquent will be moved to Credit Card only terms. Blade-Tech reserves the right to assess delinquency issues and require payment at the time of ordering or shipment. Delinquent accounts will be placed on AR Hold, and payment of full balance will be required before new orders will be accepted.

ORDER CHANGES, ADDITIONS OR CANCELLATIONS:

Changes to, or removal of items from an order, will not be accepted after (24) hours of order submission. Additions to or combinations of orders can delay the shipment up to the current estimated lead time at the time of addition.

RETURN CHECK POLICY:

Blade-Tech reserves the right to charge back any bank fees incurred as the result of a refused check. Blade-Tech reserves the right to seek legal action for any returned check. Blade-Tech will forward all NSF checks to National Recovery Services. Checks received as NSF will be presented to your bank by EFT.

In addition to the charges incurred by Blade-Tech, there will also be a 2% or 25.00 fee (whichever is greater) for each NSF check. Blade-Tech reserves the right to change the terms on any account to COD Money Order/Cashier Check for repeat occurrences.

SHIPPING CHARGES :

All orders are FOB Puyallup, WA. Retailers who would like Blade-Tech to ship using their own UPS/FedEx account must supply their account number at the time of the order. Retailers who would like Blade-Tech to ship via any other carrier (DHL, etc.) must provide their account number to do so. These shipments may have an additional 24-48 hour delay to allow time to coordinate a pick-up from these carriers. Requests to ship through certain carriers may be denied at Blade-Tech's discretion.

CLAIMS ON ORDERS:

Claims for shortages, shipping errors, or damages must be reported to Blade-Tech within 3 working days of arrival of the shipment. Blade-Tech will require the retailer to present photos of products/shipments they are making claims on. We reserve the right to deny claims made after that time.

SALE:

Blade-Tech makes its products available for sale exclusively through a network of selected retailers at locations specifically approved by the Blade-Tech Executive Team. Blade-Tech reserves, in its sole discretion, the right to limit the products made available to each retailer in various locations. Retailers are not authorized to offer merchandise for sale in any location not approved by Blade-Tech. Blade-Tech shall have sole discretion to approve or withdraw approval of a particular retailer location and to establish, modify, or terminate a commercial relationship with any particular retailer.

TRADEMARK:

During the term of this Agreement, Blade-Tech hereby grants to Authorized Retailers a revocable, non-exclusive, non-transferable license (without the right to grant sub-licenses) to use the trademarks, trade names, and other marketing names used by Blade-Tech for the products (the “Trademarks”), solely: (a) on or with the products, including the packaging, advertising, marketing and other materials associated therewith; (b) in connection with the development of their own Internet websites featuring Blade-Tech products (subject to the restrictions set forth in this Agreement), and (c) in full accordance with all guidelines and instructions as may be promulgated from time to time by Blade-Tech to maintain branding standards.

TERMINATION:

Blade-Tech reserves the right to terminate a Retailer if the above Terms and Conditions are not met. Retailers who wish to terminate their authorized retailer status may do so anytime.

PRICING:

Blade-Tech’s Retail Program Policy, including its MSRP Policy, MAP Policy, and Marketplace Restrictions Policy are subject to change at Blade-Tech’s sole discretion. A copy of Blade-Tech’s current Retail Program Policy can be found in the Authorized Retail Gateway.