Safehaven Products Terms and Conditions
subject to change without notice
· Set-Up: 4th Column Qty = $0, 1-3 Column Qty = $46 (G)
· Reorder Charge: 4th Column Qty = $0, 1-3 Column Qty = $12.50 (G)
· PMS: 4th Column Qty = $0, 1-3 Column Qty = $20 (G) (for non-stock colors)
· Paper Proof: First paper proof is $0, additional paper proofs are $8 ea (G)
· Samples: Shipped on customer's account, 3rd Party shipping $5.00 for FedEx
· Spec or Pre-Production Sample: EQP for product + applicable set-up(s)
· Self Promotions: n/a
· Less Than Minimum: n/a
· Typeset: $20 (G) art re-creation / cleaning is $25 (G) for up to 30 minutes
· Font: Any font in Adobe library $0, non-Adobe fonts $62.50 (G) per font
· Inventory Reserve: n/a
· Order Change: Revised PO required, 1st change is $0, additional changes are $0 (G) ea
· Drop-Ship: $10.00 (G) per address
· Ship 3rd Party (small package): $10.00 (G) per box
· Ship 3rd Party (freight): $100.00 (G) per order
· Freight Palletizing: $0 per pallet
· Protective Cartons: $0 per master carton for candles when not shipping via freight
· Incorrect Shipping Info: $50 (G) per wrong address
· Purchase Orders: email to firstname.lastname@example.org
· Production Time: Varies from complete PO, artwork approval and credit approval
· EQP: Requires annual order volume - discuss with your rep
· Custom Non-Stock: Requires $1,500 (G) deposit; credited with 1st order.
· Over/Under: Shipments may be within 5% +/- of order quantity
· Substitutions: Products of equal or greater value may be substituted
· Rush Service: Please request a quote for rush service
· Warranty: Return authorization required
· Clear Glass Candle: Wax separation from glass not eligible for warranty. See Further Description on website
· Cancellation: Required in writing and customer responsible for all costs
· FOB: Varies. The title for goods passes to Customer / Carrier once shipped
· Shipment Damage: Customer’s recourse for shipment damage is only with Carrier
· Shipment Delay: Unless expedited service or guaranteed freight is selected, the shipping company does not accept liability
· Freight Quote: Freight quotes are estimates, which are valid for 24 hours
· MAP: Minimum Advertised Price policy - see below
Minimum Advertised Price Policy
Safehaven Products, LLC (“Safehaven”) recognizes that much of our success is tied to the success of our network of resellers. We also know that many of our resellers invest significant time and resources to deliver a high level of customer service. We want to protect their ability to do so, while at the same time protecting the value of our brand, and discouraging price-based advertising that could be detrimental to some of our resellers. As a result, Safehaven has unilaterally established this Minimum Advertised Price (“MAP”) Policy.
2. Policy Statement
Safehaven, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP.
3. General Guidelines
a. The products covered by this policy are listed on the Safehaven website, at the following URL: https://safehavenproducts.com/product-listing/AllProducts/0/0/0 (“MAP Products”). Safehaven may in its sole discretion modify this list from time to time.
b. Safehaven recognizes that resellers are free to make their own decisions to advertise and sell any Safehaven product at any price they choose, without consulting or advising Safehaven. Similarly, Safehaven will exercise its right to make its own decisions regarding the Safehaven reseller network, supplemental marketing materials, product allocation, new product availability, or future promotional programs.
c. The MAP Policy applies to advertised prices, not the price at which MAP
Products are actually sold or offered for sale to an individual in-store or over the telephone.
4. Advertising Guidelines
a. The MAP for all Safehaven products shall be no less than 5% below the published ASI price listed for such products pursuant to section 3(a), above.
b. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers,magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, blogs, apps, or any other electronic media.
c. The MAP Policy does not apply to solely on-premise or in-store advertising that is not distributed to customers.
d. Communications initiated by the reseller (e.g., website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart or order, and other similar features) are considered to be initiated by the reseller rather than by the customer, and therefore constitute “advertising” under this MAP Policy.
e. It shall not be a violation of this MAP Policy to:
i. advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to Safehaven Products, so long as no price is listed; or
ii. advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy; or
iii. advertise Safehaven products at any price in excess of the MAP (i.e., this MAP Policy does not establish maximum advertised prices); or
iv. apply discounts at checkout based on a customer’s purchasing history with the reseller, such as discounts for “frequent shoppers”, provided that such discounts are applied to the entire order.
f. This MAP Policy also applies to any activity which Safehaven 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.
g. From time to time, Safehaven may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Safehaven reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
5. Bundling Guidelines
a. “Bundling” or advertising Safehaven products for sale together with other products will violate this MAP Policy when:
i. the advertised price of the bundle represents a discount of greater than 5% of the MAP with respect to Safehaven products; or
ii. the product(s) bundled with MAP Products violate the Intellectual Property rights of Safehaven or any third party; or
iii. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s).
b. Product(s) bundled with the MAP Products must not create or encourage additional risk of damage, bodily injury, or death to the customer if used together.
6. Policy Enforcement
a. If a reseller with multiple store locations or Internet sites violates this MAP Policy at any one store location, or on any associated website, then Safehaven will consider this to be a violation by the reseller.
b. Safehaven reserves the right to cancel any pending orders, restrict future orders or suspend a resellers’ account if Safehaven reasonably believes a reseller has violated or intends to violate the provisions of this policy.
c. Safehaven’s MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy has occurred, as well as determining appropriate sanctions.
d. Waivers to this MAP Policy may be granted in Safehaven’s sole discretion by the MAP Policy Administrator in writing. Safehaven Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, resellers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.
e. Safehaven monitors the advertised prices of resellers, either directly or via the use of 3rd party agencies or tools. Resellers are expected to provide reasonable cooperation in any Safehaven investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Safehaven MAP Policy investigation is a violation of this MAP Policy.
f. The MAP Policy will be enforced by Safehaven in its sole discretion and without notice. Dealers, distributors, or other resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed to email@example.com.
7. No Agreement. For purposes of clarity, the MAP policy stated herein is a unilateral statement of Safehaven’s policy and does not constitute an agreement between Safehaven and any reseller, including your company. Accordingly, Safehaven does not request, nor will we accept your consent to the MAP policy stated herein