Customer and AMMEX Corporation, the ("Seller") of merchandise described on this invoice
agree to be bound by all terms and conditions governing the purchase and sale of the
merchandise described on this invoice (the "Merchandise"), including the Terms and
Conditions of Sale incorporated herein, all of which are a part of this invoice and should be
carefully read. Any provisions in the Customer’s purchase orders, billing statements,
acknowledgment forms or similar documents which are inconsistent with the provisions of this
invoice shall be deemed waived by Customer and are of no force or effect.
Seller shall not be liable due to late delivery or non-delivery caused by war, demands or
requests of governmental authority, national defense, civil commotion, strike, labor trouble,
fire, flood, accident, failure in merchandise or production equipment, inability to obtain fuel,
power, raw materials or shipping capacity, or other causes beyond the reasonable control of
Seller. If resulting delay occurs, shipments may be proportionately or wholly suspended and
resumed upon removal of such cause. Quantities so affected may be eliminated from the
order without liability, but the order shall remain otherwise unaffected. Shipments made
within seven days of the shipment date provided on this invoice shall be deemed deliveries in
compliance with this order.
All delivery dates quoted are estimates only. All freight and delivery charges from Seller's
warehouse shall be paid as a separate item and are not included in Seller's price unless
specifically so stated. Seller has option to make partial deliveries and Customer shall accept
these unless otherwise specifically agreed to by Seller.
The purchase price for the Merchandise shall be paid in accordance with the terms set forth
in this invoice. In the event Customer fails to fulfill the terms of payment, or in case Seller shall
have any doubt at any time as to Customer’s financial responsibility, Seller may decline to
make further deliveries, except upon receipt of cash or satisfactory security. Past due balances
are subject to a late payment charge of 1.5% per month, or the maximum amount permitted
by applicable law, whichever is less. Customer shall pay all costs, fees, including attorney's
fees, and expenses incurred by Seller in collecting monies due or to become due hereunder,
regardless of whether a lawsuit is filed. All sales shall be deemed to take place at the
applicable Seller’s distribution facility, and both transfer of title for shipped/purchased
Merchandise and the risk of loss for said Merchandise shall be deemed to take place at the
applicable Seller’s distribution facility.
Customer seeking to return Merchandise must call Seller’s service department at 1-800-274-
7354 to secure a return authorization number. No returns shall be accepted without a return
authorization number issued by the Seller. Returns without prior approval of Seller will be
refused and no credit shall be given. Returns are subject to a restocking fee except for shipping
error or defective Merchandise.
Merchandise Returns within 90 days of Invoice Date: (a) Returns due to shipping error or
defective Merchandise: All defective Merchandise must be returned to the Seller’s Kent,
Washington warehouse. The Customer will receive a full refund (including applicable freight)
provided the Merchandise is returned to the Seller within 90 days of original ship date; (b) Any
new Customer purchasing Merchandise for the first time: Seller’s new Customers may return
unopened Merchandise within 90 days of their first order. A new Customer is responsible for
all return shipping charges and a 30% restocking fee will be applied.
In all instances, no credit shall be given by Seller for opened, partially used or otherwise
Merchandise Returns within 90 to 180 days of Invoice Date: No returns are accepted on
medical exam grade gloves past 90 days of the applicable invoice date. On other Merchandise,
Customer is responsible for all return shipping charges and a 50% restocking fee will be
Merchandise Returns after 181 days of Invoice Date: No returns will be accepted after 181
days of the applicable invoice date on medical gloves, industrial gloves or any other
Invoice Adjustment Policy: Customer must refuse all damaged or Merchandise shipped in
error at the time of receiving said Merchandise. Customer must note all shortages/damage
and other discrepancies at time of the Merchandise’s delivery and include: 1) an exact count
of the Merchandise that was not received or was damaged, 2) Customer’s or consignee’s
signature, 3) confirmation of Merchandise’s delivery. If Customer or consignee signs a delivery
receipt with no exceptions it acknowledges receiving a complete shipment. Customer must
report all receiving discrepancies to Seller’s service department within 72 hours of
Merchandise delivery date (phone (800) 274-7354; fax (425) 251-8656). Failure to fulfill terms
of this policy may result in invoice adjustment being declined. Failure of Seller to receive
written notice of any such claim within the applicable time period shall be deemed an absolute
and unconditional waiver by Customer of such claim irrespective of whether the facts giving
rise to such claim shall have been discovered or whether processing, further manufacture,
other use or resale of the Merchandise shall have taken place.
It is understood and agreed that Seller's liability whether in contract, tort, warranty,
negligence or otherwise shall not exceed the amount paid by Customer. Under no
circumstances shall Seller be liable for special, indirect or consequential damages. The price
stated on the invoice for the purchased Merchandise is a consideration limiting Seller's
liability. No action, regardless of form, arising out of the transactions under this invoice may be
brought by Customer more than one year after the cause of action has accrued.
WARRANTIES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE SELLER SHALL NEVER
BE HELD TO BE OBLIGATED OR LIABLE UPON OR UNDER ANY GUARANTIES OR WARRANTIES,
EXPRESS OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS UNDER ANY
STATE’S UNIFORM COMMERCIAL CODE IN ANY MANNER OR FORM. CUSTOMER IS MAKING
THIS PURCHASE AFTER AND IN RELIANCE ON ITS FULL AND COMPLETE EXAMINATION OF THE
MERCHANDISE, AND NOT BY REASON OF ANY REPRESENTATION AS TO ITS MERCHANTABILITY,
SPECIFIC ATTRIBUTES OR OTHERWISE, MADE BY OR ON BEHALF OF THE SELLER.
Seller's failure to insist upon performance of any of the terms and conditions herein, or to
exercise any right or privilege, or Seller's waiver of any breach hereunder shall not thereafter
waive any of the terms, conditions or provisions, whether of the same or similar type.
The invalidity, in whole or in part, of any provisions hereof shall not affect the validity of
any other provision.
This Agreement is not assignable or transferable by Customer, in whole or in part, except
within the written consent of Seller.
When in the opinion of Seller there is a period of shortages of supply of Merchandise for
any reason, Seller may allocate its available supply among any or all of its various Customers
upon such basis as Seller shall deem fair and practicable, with no liability on its part for failure
to deliver the quantity or any portion therein specified. If questions, issues or concerns arise
please call Seller’s finance department at 1-800-274-7354.
Customer may not list or resell any Seller’s Merchandise on any online 3rd party market
place, without prior Seller’s prior consent.
With the purchase of Seller’s Merchandise, Customer must adhere to Seller’s Minimum
Advertised Price ("MAP") policy, which can be reviewed at www.ammex.com.
With the purchase of Seller’s Merchandise, Customer must adhere to Seller’s Brand
Guidelines, which can be reviewed at www.ammex.com.
If Customer is an authorized distributor for the Seller, and has a current Distribution
Agreement with the Seller, Customer agrees to adhere to all of the obligations described in its
Additionally, if you are a reseller of AMMEX products, you will adhere to the following terms
Maintain accurate and up-to-date company information and disclose all retail locations
that carry AMMEX throughout the term of your reseller relationship with AMMEX, upon
AMMEX request and provided in writing within 3 days. Qualifying retail locations can only be
one of the following: your physical brick & mortar store(s), your commerce-enabled
website(s), or temporary storefronts (events, trade shows, pop up stores, etc.)
You must provide unit sell-thru information by SKU and by approved retail location upon
request. AMMEX reserves the right to perform an audit of financial statements pertaining to
AMMEX sales or the business operations (conduct) to ensure compliance with this policy.
You must comply with AMMEX’s Intellectual and Branding Guidelines and represent
yourself as an AMMEX Authorized Reseller in all online advertising & sales collateral.
Setting up businesses, registering domain names, or social media usernames that contain any
of AMMEX’s trademarks is strictly prohibited. To ensure compliance with AMMEX’s policies,
you must only use approved marketing materials for all AMMEX products.
You can read the entirety of AMMEX’s Intellectual Property and Branding Guidelines at:
You must not buy AMMEX products from other retailers, or from other sources not
explicitly endorsed by AMMEX.
You may not alter original AMMEX packaging in any way prior to reselling AMMEX
products. Removing AMMEX products from packaging and reselling AMMEX products in a
different packaging or under a different name is strictly prohibited.
You must be able to use standard set of AMMEX supplied data in product data feeds that
you distribute to 3rd party advertising venues unless prior written permission is obtained from
You must not re-SKU or bundle AMMEX products in your online assortments & data feeds
without receiving prior written permission from AMMEX.
You agree to reasonably cooperate with AMMEX in preventing unauthorized exportation
of AMMEX® Products. For AMMEX® products which incorporate an individualized numerical
designation (e.g. serial number) and which are sold in bulk, defined as four (4) or more units in
a single transaction, or ten (10) or more units purchased by the same individual within thirty
(30) days ("Serialized Bulk Products"), You shall endeavor to request the following information:
customer name, customer address, customer phone, product serial numbers, and dates of
transaction. The customer information is not required to be transferred to AMMEX, however it
should be used to identify suspicious purchase patterns. In the event the customer refuses to
provide such information, you should reduce the transaction quantity to below the applicable
Serialized Bulk Products threshold.
You will not advertise, market, display, or demonstrate non-AMMEX products together
with AMMEX products in a manner that would create the impression that the non-AMMEX
products are made by, endorsed by, or associated with AMMEX.
You must only take orders via publicly accessible ecommerce enabled web pages hosted
on approved websites owned and operated by you.
Selling on 3rd party sites domestic or international sites (eBay, Amazon, Alibaba, etc.), dropship
accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com,
Facebook Marketplace, etc.) or direct messages on forums both domestic or international is
You must restrict customer order shipments to shipping addresses located within the
country where AMMEX has delivered its products to you. This excludes fulfillment of orders to
international end users via a freight forwarder located within the country as defined above.
You agree to distribute products only to the country of purchase or initial shipment. Exporting
of products to countries requires express permission of AMMEX on a case by case basis. At no
time shall AMMEX or its affiliates be liable for any or all claims arising from the importation of
products not specifically authorized by AMMEX. You assume all responsibility and hold
AMMEX and its affiliates harmless from any claim brought by any third party who purchased
AMMEX product inconsistent with this provision.
You must ensure Payment Card Industry ("PCI") compliance for all approved commerceenabled
websites owned & operated by your company.
You must ensure industry-standard e-commerce security and fraud protection measures
are in place, including two-factor authentication, authorized territory shipping restrictions, and
customer fraud resolution procedures.
AMMEX product videos are the property of AMMEX. AMMEX grants imbed rights to you
only for use on your corporate ecommerce website, and not on any 3rd party websites at any
time. Embedded videos must be embedded in their entirety and may not be edited. All videos
embedded must be on accessible, family friendly websites and available free of charge.
AMMEX wants to engage with its distributors through social media. AMMEX encourages
following/liking and will reciprocate in kind. AMMEX content must be shared and may not be
copied and pasted without violating copyright guidelines. You acknowledge and agree that you
will not take any action that is in conflict with our rights in or ownership of AMMEX. You will
not disparage, or post anything that creates negative goodwill about any products, brands,
content, and/or person’s affiliated with or employed by AMMEX. All messaging must be
consistent with these guidelines and those set forth in Exhibit A.
You may not conduct any public relations campaigns that cite, show, or communicate
anything about AMMEX without AMMEX’s written permission, which permission can be
refused. In no case will you take any action that is in conflict with our rights in or ownership of
Please read the official SEMA 2018 contest rules for the Spark Plug Challenge here