REVELATION WHOLESALE AGREEMENT TO COMMENCE/CONTINUE SOURCING RELATIONS
I) ACCEPTANCE OF TERMS: Customer accepts Order(s) and any amendments by signing the Sales Order confirmation generated by Seller at Customer's request and returning it to Seller if a formal Purchase Order is not provided. Even without such written acknowledgement, Seller's full or partial performance under Order(s) will constitute acceptance of these T&C's. Each Order is expressly conditioned on the Customer's acceptance of all T&C's set forth herein. Seller expressly objects to any additions, deletions, or differences in the terms & conditions contained in this or any other document, regardless of whether such additions, deletions, or differences materially alter these terms unless a separate amendment drafted and signed by both parties. 2) ORDER & DELIVERY: Items in an Order shall be shipped to Customer at the "ship to" address reflected on the application. Accounts must be in good credit standing with Revelation Wholesale for orders to be accepted and processed. Customer shall report, in writing or orally within three business days of receipt, any deficiencies in, or shortages or damage to, the materials shipped by the Seller, after which time the shipment shall be deemed accepted by Customer without reservation. No product returns are permitted without prior written authorization from Revelation Wholesale. Unauthorized returns will be refused by Revelation Wholesale. Revelation Wholesale reserves the right to decline requests for returns based on conditions of the item, items storage history, special order items, etc. Revelation Wholesale shipment errors or defective material will be given a full credit or replacement if timely notice is received as described above. Order error return items are permittable within 30 days (about 4 and a half weeks) of purchase date for full credit if the items storage requirements are met and attested to. Items returned after 30 days (about 4 and a half weeks) will be assessed a 20% restocking fee. 3) PAYMENT: Payment for all Order shall be made to Seller no later than the 30th day after the date of invoice for such Order, which shall be rendered to Customer at the address and/or email address reflected on the Order and/or on the account set-up form. On the day after the date of invoice, interest will accrue at 1.5% (or, if lower, the highest permitted by applicable law) on all such outstanding invoices. Credit limits and terms will be assessed by Revelation Wholesale and/or their agents and relayed to each Customer account, as applicable. No adjustments to these payment terms or any other part of these T&Cs are permitted unless in writing and signed by all parties. 4) INDEMNITY: Seller shall comply with all health, safety, environmental, and other applicable regulations and laws for the pre-sale storage and shipment of the items in each Order. Customer shall comply with all health, safety, environmental, and other applicable regulations and laws for the receipt, storage, use, and disposal of the items in each Order. Customer will and does hereby indemnify, defend, and hold harmless Seller from any and all demands, claims, causes of action, fines, charges, losses, damages, settlements, and judgments, including all costs, expenses, and attorneys' fees incurred in addressing and/or responding to and/or defending any such demands, claims, causes of action, fines, charges, losses, damages, settlements, and judgments, arising out of or related to Customer's failure to comply with any health, safety, environmental, or other regulation or law for the receipt, storage, use and disposal of the items in this Order. The purchaser is solely responsible for ordering & using products in compliance with their regulatory obligations and for ensuring that all their license(s) are valid, current, and without restriction. Copies of current license(s) must be on file with Revelation Wholesale for any orders to be processed. An account with an outdated license or permit will have all orders suspended until updates are provided and verified on file by Revelation Wholesale management. 5) DISPUTES: This application, including these T&C's, and any dispute with respect to Orders or payments owed shall be subject to and interpreted in accordance with the laws of the State of Florida without regard to its conflicts of law provisions Any dispute arising under or related to this application or an order shall be litigated only in the state or federal courts in Seminole County, Florida, and Seller and Customer expressly consent to the jurisdiction of such courts and waive all objections to personal jurisdiction, including inconvenient forum. The seller shall not be liable for any special, consequential, or incidental damage arising out of or related to an order and shall not have any tort liability arising under or out of this contract. THE SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO AN ORDER IS LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE ITEMS ORDERED. The prevailing party in any lawsuit shall be awarded its reasonable costs, expenses, and attorneys' fees. 6) MISCELLANEOUS: Time is of the essence. If any provision of the parties' contract is held to be invalid, illegal, or unenforceable by a court of competent authority, the other provisions will not be affected or impaired. Any provision held to be invalid, illegal, or unenforceable only in part or degree will be observed and performed to the extent not held invalid, illegal, or unenforceable. A waiver by Seller must be in writing to be effective. Seller's waiver of Customer's breach will not be construed as a waiver of any future or other breach. This contract supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. All other proposals, negotiations, and representations, if any, regarding this transaction are of no further force. Any conflict between these terms and conditions and any other part of the parties' contract will be controlled by these terms and conditions. This contract may be signed in counterparts. A manual signature transmitted electronically (such as by facsimile or email) will constitute an original signature for all purposes. The delivery of copies by electronic transmission will constitute effective delivery, and the resulting document (such as a PDF) and printed copies will constitute an original for all purposes.