Terms and Conditions
Mahulu LLC (the “Supplier”) agrees to supply apparel products, included but not limited to wetsuits and sunglasses (the “Products”) to the Retailer, and the Retailer agrees to purchase and resell the Products in accordance with the terms and conditions outlined herein.
Payment Terms: Payment is to be made by the payment due date listed on the invoice. Payment can be made electronically through credit card payment or through bank wire, as listed on the invoice. Invoices shall be sent electronically to Retailer’s designated billing contact.
Title and Risk of Loss: Title and the risk of loss or damage to the products shall be transferred to the Retailer upon delivery.
Delivery and Shipping: The products shall be delivered to the Retailer’s address as provided at the time of purchase. Shipping costs are borne by the Retailer and are included in the total amount due on this invoice. Any duties and tariffs will be borne by the Retailer, except as otherwise provided in writing. Delivery times will be mutually agreed upon between Supplier and Retailer.
Marketing and Branding: Retailer shall have the right to use Supplier’s trademarks, logos, and other branding materials solely for the purpose of promoting and selling the Products. Retailer shall not alter or modify the Products’ design, branding, or packaging without prior written consent
from Supplier.
Inventory Management: Retailer shall maintain accurate records of the Products in stock, including sales and returns, and provide periodic inventory reports to Supplier upon request.
Subsequent Orders: Subsequent orders by the Retailer shall only be accepted once previous invoices have been paid in full or at the discretion of the Supplier.
Returns and Refunds: The Retailer may request to return or exchange defective or damaged products within 30 days of receipt. The Supplier shall assess the returned products and provide replacements or refunds as appropriate.
Product Liability and Indemnification: The Supplier shall not be liable for any damages or injuries caused by the use or misuse of the apparel products by the Retailer or its customers. The Retailer agrees to indemnify and hold the Supplier harmless from any claims arising from the sale or use of the products.
Warranty: The Supplier provides a limited 2 year warranty on its products against defects in materials and workmanship from the date of purchase. The warranty does not cover (whether by Retailer or their customers):
- damage caused by normal wear and tear, improper storage, failure to follow instructions, misuse, accidents, or loss of product
- damage from a wetsuit that has been used in commercial, rental or instructional programs or activities
- wetsuits repaired by anyone other than Supplier technicians
Governing Law and Jurisdiction: The invoice and these corresponding terms and conditions shall be governed by the laws of the State of Delaware, USA. Any disputes arising from or in connection with this invoice shall be resolved through mediation or arbitration in Dover, Delaware, USA.
Entire Agreement: The invoice and these corresponding terms and conditions constitute the entire agreement between the Retailer and the Supplier and supersede any prior negotiations or agreements. By accepting delivery of the Products, the Retailer acknowledges and agrees to the above terms and conditions.
If you have any questions or concerns regarding this invoice or these terms, please contact us at sales@mahulu.surf or call us at +1 (617) 515-
1575.
Thank you for your business.