tacomHQ®

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"Better to fight for something than live for nothing." - General George S. Patton

Dealer & Broker Policy

Policy

• PLEASE READ THIS POLICY CAREFULLY. There are no warranties that extend beyond the description provided, and upon submission of payment, dealer (“Dealer”) or broker (“Broker”), collectively known as “Outlet”, acknowledges having read, accepting, and agreeing to the terms and conditions that may be amended or modified from time at tacomHQ’s sole discretion and provided herein as binding. If you do not agree to such terms and conditions, do not submit payment.

• This Policy and the obligations of Outlet are to be governed by and construed and interpreted in accordance to the laws of the State of Arkansas. Outlet agrees to Fort Smith, Arkansas as the exclusive jurisdiction and venue for any dispute arising under this Policy.

• TacomHQ reserves the exclusive right to choose Outlets with whom it conducts business and to accept or reject any order in whole or in part at any time.

• Dealers may enroll in either Volume or Cart Total based discounts (“Accounts”):  volume is product specific, earining the highest discounts, and cart total enables the procurment of various tacomHQ Products at a lesser, blanket discount. Dealers may switch Accounts at anytime by emailing info@tacomHQ.com; changes may apply to the next quarter as figured on a Jan 1 – Dec 31 fiscal year. TacomHQ reserves the exclusive right to change Volume and Cart Total requirements at any time and without notice.

• Dealers may sell tacomHQ® products (“Product”) only as retail sales. Outlet may mark up prices for Product for a reasonable profit.

• TacomHQ has adopted a Minimum Advertised Price (MAP) Policy. Dealers are subject to penalties up to and including termination as a dealer should Dealer violate terms for a Minimum Advertised Price (“MAP”). Enforcement of this MAP policy does not require your agreement or approval.

• MAP is figured in US dollars and is the total price or sum of that Product’s subcomponents, minus the Product’s respective promo code provided at tacomHQ.com, plus applicable VAT, tariffs, import fees, or similar.

• For example, the combined MSRP for a bolt-on Alpha TARAC® with a 1.93″ Riser is $525. Promo code ‘ALPHA’ discounts the MSRP $30, yielding a $495 MAP price. Thus, a country with a 23% import fee may not retail the SKU for less than $608.85 in US dollars or equivalent monetary conversion.

• This MAP policy does not require you to sell tacomHQ® products at or above MAP.

• This MAP policy applies to any and all advertisements, presentations, promotions, offers, and solicitations for the purpose of sale of tacomHQ® products, which includes but limited limited to all physical advertising, such as price lists, newspaper and magazine ads, catalogs, brochures, flyers, newsletters, signs, billboards, banners, and all forms of electronic advertising media, such as radio, television, telephone, and internet.

• As a distributor or dealer of tacomHQ products: 1) Dealer must display a price on all advertising for tacomHQ products, which must be at or above MAP 2) Advertising may not suggest a discounted price below MAP (for example, advertising may not include statements such as “Call for Price” or solicit a “Best Offer” below MAP 3) Dealer’s may not advertise “Added Value” items, discount coupons, or other promotional schemes that have the effect of offering to sell tacomHQ products below MAP without tacomHQ’s prior approval.

• Dealer may not mention pricing below MAP in social media or other online forums. Dealer may not use “Add to Cart” for a discounted price, or similar options to avoid advertising below MAP. Dealer may not auction tacomHQ products with a “Minimum Bid”, “Opening Bid”, “Current Bid”, “Buy it Now”, or “Reserve Price”, or otherwise, below MAP.

• Outlets will not sell Products to military or participate in other government contracts without tacomHQ’s express written consent. This does not restrict Outlet from selling to individuals as such who are in law enforcement, military, or other government employment.

• Outlet may be granted Dealer of Record (“DOR”) when Outlet promptly notifies tacomHQ of new, government leads (“Clients”).  DOR rights will remain in effect as long as Outlet provides status updates every eight (8) or less weeks.  Failure to do so forfeits DOR rights.  Every 16 weeks, Outlet must provide a statement by Client on Client letterhead exhibiting intention to test and evaluate (“T&E”) or purchase Product to retain DOR rights.  Failure to do so forfeits DOR rights.

• Contracts requiring multiple bids, the Outlet with DOR rights will exclusively retain the maximum discount afforded by both Account types.  Other Outlets will be quoted at a reasonable lesser discount.

• Purchase orders exceeding $200 in value are eligible to be paid in four (4) monthly installments using “PAYMENT PLAN” at checkout.

• Purchase orders exceeding $10,000 in value require a 50%, non-refundable deposit (unless other terms are provided), are not subject to change once finalized, and must be paid in full to qualify for shipment. Net 28-day payment terms are available for government contracts.

• Outlets in a new region, territory, or country will be granted complete tacomHQ Product exclusivity for up to one (1) year. Term may be reduced, limited, or extended based on market performance at tacomHQ’s sole discretion.

• Purchase orders less than $10,000 in value cancelled in part or entirety are subject to a 5% cancellation fee. Purchase orders less than $10,000 in value cancelled in part or entirety after 14-days are be subject to a 20% cancellation fee. Purchase orders less than $10,000 in value cancelled in part or entirety with complete product(s) are subject to conditions described in “Returns”.

• Purchase orders exceeding $10,000 in value may be cancelled in part or entirety within 28-days. See “Deposits” for further details.

• Sales are final for the following products:
– Armor Optic
– Custom Bravo TARACs®
– Scope mounts
– Structured Barrels® (this includes barrel blanks, interior and exterior Structuring, and chamber / thread services)

• Outlets will not export tacomHQ Products without prior written approval from the U.S. government and TACOM HQ, Inc. Outlet will comply with all applicable federal regulations governing exports including but not limited to the International Traffic in Arms Regulations (22 CFR Parts 120-130) and the Export Administration Regulations (15 CFR Parts 730-774).

• Outlets are responsible for all shipping fees to and from tacomHQ, as well as ensuring the safe delivery and return of any goods. TacomHQ is not liable for any damaged, lost, or stolen merchandise during shipping.  Claims will be handled by Outlet. TacomHQ recommends using a shipping method that provides a tracking number and to insure your package. TacomHQ will not process any changes in shipping information or method for any reason, unless goods are undeliverable.

• Shipping fees are non-refundable.

• Any damaged, missing, or incorrect items must be reported within 72 hours of receiving order.

• Outlets will have a current and valid Federal Firearms License (if applicable) and any state and local licenses required in Outlet’s locale, and will at all times fully comply with all requirements for those licenses including all requirements for conducting background checks prior to sales and to keep sales records as required by applicable federal and state law.

• TacomHQ reserves the right to increase or reduce the number of Outlets at any time for any reason and without prior notice. Outlets shall act for and on behalf of itself as an independent party. TacomHQ shall not be liable for any obligations incurred by an Outlet. Outlets shall not be empowered, authorized, or act as an agent of tacomHQ, ostensibly or otherwise, nor bind tacomHQ in any manner, without express written consent.

• Outlet shall promptly notify tacomHQ of all defects, safety concerns, and customer complaints.

• Outlet shall indemnify and hold tacomHQ harmless with respect to any representation made beyond information and policies provided at tacomHQ.com.

• Outlets shall at all times conduct its business in a manner as to enhance the reputation and credibility of tacomHQ. Outlets shall in particular refrain from participating in any unlawful, unfair, deceitful, or immoral practice and refrain from selling tacomHQ Products to any other dealer or organization, which has recourse to such practices.

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