Available Ship date is 9/17/2018. All Prices are exclusive of applicable taxes, shipping and handling charges and subject to the following Payment Terms, attached Order Terms and Conditions and Kulkea Dealer Policies. Any extension of credit is subject to pre-approval by Kulkea.


Pre-Season Discount of 5% on all orders received by March 1, 2018

Payment Terms

Ship Date       Net Payment Date
By 9/30/2018       12/30/2018
In Oct 2018       60 days
Nov 2018+       30 days

Ordering Terms & Conditions

ORDERING: Orders shall serve as Dealer’s authorized order for the listed quantities and products. Products shall be shipped to Dealer’s address stated within the order. Kulkea shall notify Dealer of shipping date. Dealer shall not cancel or reschedule any shipment in whole or in part.

PRICES & PAYMENT: Prices are exclusive of all applicable sales and other taxes, and all shipping, delivery and handling charges. Dealer shall be responsible for payment of all such charges and taxes. All payments are due in full upon order unless Kulkea has extended credit to Dealer. Payments by credit card shall incur a 3.5% processing fee. Accounts past due will be charged 1.5% interest rate per month. Dealer shall be fully responsible for all fees related to collection of past due accounts, including reasonable collection and attorneys’ fees.

WARRANTY & LIMITATIONS: Kulkea warrants to the Dealer that the product shall be free from defects in materials and workmanship for one year from the date of initial purchase. Kulkea will repair or replace at its discretion products that it finds are defective within the scope of this warranty. This warranty excludes normal wear and tear or damage related to misuse, abuse or neglect. Kulkea disclaims all other express or implied warranties, including without limitation warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY PROVIDES THE SOLE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL KULKEA BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, TORT OR COVER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS OR GOODWILL EVEN IF ADVISED OF THE POSSIBILITY OF SUCH.

KULKEA DEALER POLICIES: Dealer’s order is an acknowledgement that it has read, understands and agrees to comply with Kulkea’s Dealer Policies.

EXPORT: Products are for sale in the US only. Dealer shall not export any Kulkea product to any location outside the US without specific written approval from Kulkea.

MISC: Kulkea reserves the right to withhold, delay or cancel any shipment, or to reject or revoke any order, credit, confirmation or acceptance if Dealer has failed to timely pay any amount under any order, or Kulkea determines to its satisfaction that Dealer may be unable to pay its debts when due or has or may violate any Dealer Policy. These terms and conditions shall govern all orders notwithstanding any different or additional terms or conditions in any order.

DEALER POLICIES: 2018-2019

DEALER SELECTION POLICY

As a premium brand supplying innovative, high quality product, Kulkea seeks to work with the best dealers. Dealers are selected based upon each potential dealer’s technical expertise, brand name and market reputation. Products are supplied to dealers solely for the purpose of resale to consumers by that particular dealer under its own brand name at its brick-and-mortar location or brand name website. Dealers are not permitted to market or sell product for redistribution or under any fictitious name or “dba” without prior written specific approval from Kulkea in its sole discretion.

MAP POLICY

This policy reflects Kulkea’s unilateral determination that to permit dealers to advertise the sale of Kulkea’s products below the Manufacturer’s Suggested Retail Price (“MSRP”) will erode Kulkea’s quality distribution system and superior product image, and it will encourage “free riding” on the service and investment of other Kulkea dealers. No written or electronic advertisement shall in this or any subsequent season offer Kulkea products for sale for less than MSRP during peak season (Sept. 15th – March 8th) or for the Micro Pack at anytime of year, including, but not limited to, as part of any product specific, storewide or internet promotion. All advertisements of Kulkea products shall include the applicable product number.

It is not the purpose or intent of this policy to restrict, coerce or force a dealer to charge a particular price for any Kulkea product. This policy addresses advertised pricing only. Dealers must make their own decisions regarding the amount they will actually charge for Kulkea products. Although dealers remain free to establish their own ultimate resale pricing, Kulkea reserves the right to take any action following Kulkea’s verification to its own satisfaction that such dealer has advertised or may advertise any Kulkea product for less than MSRP.

INTERNET POLICY

Kulkea wishes to avoid brand over-exposure, market confusion and market saturation that would result in the deterioration of the Kulkea business, brand identity or dealer base. Any Internet marketing or sales by dealer must be limited to dealer’s brand name website and subject to Kulkea’s Dealer Selection Policy and MAP Policy. Marketing or selling on third party websites is prohibited, except to a limited number of dealer’s that have been specifically pre-approved by Kulkea in writing for such activities in Kulkea’s sole discretion. Specifically, dealer must not directly or indirectly market or sell Kulkea products on eBay, Craig’s List, Amazon or any other third party websites without such prior approval. Dealer shall not in Google AdWords or any other search engine or advertising network purchase or bid on Kulkea branded keywords, trademarks, service marks, model numbers, product names, product numbers, product codes or any misspellings or confusingly similar marks thereof, including, but not limited to, “Kulkea,” “Boot Trekker,” “Powder Trekker,” “Thermal Trekker,” “Speed Pack,” “Speed Star,” “Kantaja,” “Micro Pack,” “Tandem” or “Talvi.” Kulkea owns and retains all copyright and other intellectual property rights in Kulkea product images. Dealer shall not copy, post, publish or in any way use such images without Kulkea’s prior written approval in its sole discretion and dealer’s prior agreement to the “Kulkea Product Images: Terms of Use.” For the avoidance of doubt, Kulkea products are not for export outside the US, and no Kulkea product shall be sold to any individual or entity that dealer reasonably should know is ultimately located outside the US or has the intention of reselling, diverting or forwarding the goods for export outside the US.

RETURN POLICY

Prior to returning any product, dealer must contact info@kulkea.com to request a return materials authorization (“RMA”), RMA number and Kulkea’s return procedures. This policy is not construed to imply that Kulkea shall accept the return of any product. Kulkea shall not accept any product returned in violation of this policy or Kulkea’s return procedures.

MISCELLANEOUS:

Kulkea reserves the right to change, discontinue or impose moratoriums or exceptions to any policy at any time. No dealer has any right to rely on the continued existence of any policy or any effort by Kulkea to enforce it. These policies shall not be construed as creating any offer, agreement or contract. Kulkea always reserves the right to choose those dealers with which it will do business and the right to accept or reject any order from any dealer at any time. Kulkea further reserves the right to take any other action with regards to any dealer in the event it determines to its satisfaction that such dealer has violated or may violate any policy, including but not limited to, withhold or cancel any shipment, or revoke any PO confirmation or order acceptance.