Duerre Tubi Style Group (“DTS”) is the sole authorized supplier of Tubi Style branded automotive products and accessories (“Tubi Style Products”). DTS enters into Authorized Distributor Agreements with certain entities (hereinafter, “Distributors”) retail and wholesale pricing of Tubi Style Products. This Appendix Governs the Freight Terms granted to the Distributor by DTS.
1. The shipment term is calculated in business days and starts from the date of acceptance of the order by DTS, provided that DTS has been supplied with the necessary data to duly perform the sale.
2. Except as otherwise agreed in writing by DTS and the Distributor, delivery of Products will be made ex works at DTS ‘s warehouse. Accordingly, the risk and the danger connected with the Products will pass to the Distributor upon delivery of such Products to either the carrier or the freighter. Except in the event of force majeure, delivery will be made in the term either indicated in the order confirmation or established by the written agreement of the parties. No delay shall be deemed to constitute a ground to either cancel the order or to claim damages or loss of profit. In addition, the Products may not be rejected for such reason. DTS ‘s obligations shall, however, be subject to the availability of the necessary raw material.
3. DTS will offer sea shipment at no cost when the order products fill at last half container. These products must be shipped by common carrier and at the sole discretion of DTS.
4. Any other shipments not meeting these criteria will be charged to the Distributor and invoiced with goods shipped.
5. Drop ship fees of 3% of the retail pricelist per product will be assessed to all orders that are shipped to a location other than the listed and owned locations of the Distributor. DTS will not “drop ship” to an end consumer at the request of the Distributor. Percentages of drop shipments per Distributor will be reviewed and Distributor will be notified if drop shipments are deemed excessive compared to the respective sales totals.
6. A 3% of extra discount will be applied to every part number that is included into the “bulk order program”, and that is ordered in a quantity greater than or equal to 5 (five)