Policies and Requirements

8/29/2017

SALES POLICIES and REQUIREMENTS for ORTAL USA PRODUCTS

An Ortal USA Dealer, Distributor, Sales Company, Re-seller, Buyer, Agent Will:

SAFETY:

  • Refer to the product manual for safety warnings in general.
  • Properly install, operate and maintain fireplace units.
  • Ensure that installers become familiar with safety warnings prior to installation and train the product owner about the safe operation of the unit and safety warnings and requirements in general.
  • WARNING:Fireplace unit glass panels are HOT during and after operation. Do NOT touch glass while hot.

Dealers Licensed Territory

  • As an approved dealer of Ortal USA, your company is licensed to market, sell, install and/or service Ortal fireplaces and related products in the area described in the acknowledgement page.
  • Ortal appoints you as an authorized dealer in a particular territory and retains the right to make reasonable adjustments to your territory from time to time as needed. Any such adjustment will become effective only upon reasonable notice to you.

Sales and Pricing:

  • Utilize qualified and trained sales people.
  • Sell Ortal USA products at or above the listed MAP (minimum advertised price). Refer to the latest product pricelist update.
  • Dealer showroom discounts, quantity promotions and lock-in programs are available. Inquire for current program options.
  • Special discounts on a case by case basis may be approved upon request and consideration by Ortal USA.
  • A fixed schedule of shipping costs is available in the current price sheet.
  • NOT publish prices for Ortal USA products on the internet.
  • Track sales including consumer information (where/ for whom unit is installed) and model/serial numbers.
  • Assist in obtaining photos and testimonials of Ortal USA product installations.

Terms:

  • Pre-paid. Full payment of order prior to shipping; or,50% deposit with buyer's acceptance of proposal and 50% due in advance of shipment.
  • 50/50 credit approved: 50% deposit with buyer's acceptance of proposal and 50% due within 30 days from invoice date.
  • 100% due 30 days from invoice date.
  • Other payment terms may apply for custom and high-volume orders.
  • Past due account may result in order suspension, and/or account suspension.
  • Ortal USA reserves the right to charge interest at 18% per annum compounded monthly on past due accounts.
  • Lead time is valid upon confirmation and payment of order within the specified term.
  • Delivery time does not include delays under any circumstances pertaining to weather/acts of nature and customs authority/custom clearance or any other circumstances beyond our control.
  • Unit orders with screen will be shipped within 10 business days, Double glass units will be shipped within 21 business days considering customer payment terms are met.
  • GOOD CREDIT STANDING: Throughout the term of this Agreement, you shall at all times remain in good credit standing in full compliance with the credit terms being offered to you by Ortal and under the Ortal credit policies.

Freight Claims:

  • Terms are FOB from our warehouse.
  • Shipments become YOUR (buyer’s/re-seller’s) property when the freight carrier receives them.
  • Bill of lading is an acknowledgement by carrier that the goods were received from our warehouse in good condition. When the order is delivered:
  • Inspect delivery for visible damages before signing/receiving the waybill or BOL.
  • If there is visible damage:
  • Open the package immediately in the presence of the trucker/delivery truck personnel
  • Indicate specific damage on the waybill/BOL
  • Take photos of damages as proof
  • Concealed damages should be reported to Ortal within 3 days from receipt of delivery. Provide photos as proof.
  • Ortal cannot assist with freight claims beyond this time frame and without proof.

Installation and Service

  • Installation shall be by authorized Ortal installers.
  • In cases when installation is performed by non-authorized installers, dealer must ensure that the installation is supervised by him or by one of his authorized employees.
  • Have qualified service personnel to respond to service and warranty needs. Is prepared to service all equipment sold. Ortal USA has a schedule of rates which it will pay to authorized companies and Ortal USA installers for certain pre-approved warranty repairs.
  • Is responsible for installation in accordance with Ortal’s instruction manuals and conforming to all relevant state, federal and local code requirements. Ensure that all installations are performed by an authorized or qualified Ortal USA installation technician. Is responsible for a minimum of one year of service to the installed unit(s).
  • Coordinate with the project Owner and related trade contractors and services providers (i.e. framing contractor, surrounding finish material designer/installer) to ensure framing detail information is conveyed and required clearances are maintained. Inspect and verify related installation (surrounding materials) by others prior to product start-up.
  • Work within a reasonable sale, service and market area to ensure continuity of service for the installed product(s) and the benefit of the client relationship.
  • Cash and carry sales are not permitted. If we discover and determine that dealer engages in cash and carry type of business where the dealer only sells Ortal fireplaces not including installation and service, this may cause the dealer to lose dealer status.

Advertising and Promotion:

  • As a listed dealer of Ortal USA, your company is included on the dealer page of our website. Visitors to our website can go directly from our site to yours. Visit to confirm your listing. E-mail with any updates.
  • Ortal USA refers client leads and product inquiries to its dealers based on the locations of prospective projects.
  • Virtual Showroom: Ensures that the Ortal USA logo is present on the dealer’s website. ThatOrtal products are proportionately included with other like products in the website gallery and that visitors can go directly from your website to Ortal USA’s.
  • Display the complete line of Ortal gas fireplaces with a minimum agreed number of showroom units and a minimum agreed number of fully operational models in a fireplace setting.
  • The type of showroom unit is at the discretion of the dealership/showroom operator, but should be relative to other models on display of its kind.
  • Promote and advertise Ortal products all year-round. This may include sales to contractors and builders; but, may NOT include sales or supply to unauthorized fireplace outlets that operate retail showrooms or to Ortal USA’s competitors or other manufacturers or to non-responsible parties (i.e. architects and designers not performing installation) including supply of advertising and sales education materials or other Ortal USA proprietary materials and information.
  • Ortal USA further acknowledges the dealer’s right to cancel this contract at any time for any reason. Ortal USA also reserves the right to modify/amend/terminate this contract for reasons including, but not limited to, proprietary issues and predatory competitor product advertising, sales and promotion.

Returned Goods:

  • Any good being returned to Ortal USA needs a Returned MaterialAuthorization (RMA) Number which can be acquired after submitting a Repair & Replacement Parts Form which is available in our website within the dealer log-in page. 25% restocking fee and return delivery charges may apply.

Warranty Policy:

  • Products sold to you in connection with this agreement are subject to our standard manufacturer’s limited warranty. All other warranties, including without limitation, all expressed and implied warranties of merchantability or fitness for a particular purpose are hereby disclaimed.
  • You agree to provide warranty and non-warranty service on products in your territory pursuant to the warranty and service policies, as they currently exist and as they may change from time to time. You agree to service Ortal products that are located anywhere within your territory.
  • You agree to protect the condition of the products from the time received until the time installed.
  • All warranty claims must be submitted on an Ortal USA claim form completed by an authorized Ortal dealer.
  • Please refer to Ortal USA’s Warranty Program for a comprehensive description of warranted items.

ACKNOWLEDGMENT

Company Name:

Name:

Title:

By checking each subject, I confirm that I have read and reviewed each section of Ortal USA’s Sales Policies and Requirements.

____ Safety

____ Dealers Licensed Territory

____ Sales and Pricing

____ Terms

____ Freight Claims

____ Installation and Service

____ Advertising and Promotion

____ Returned Goods

____ Warranty and Warranty Claims

Return this page with the following documents:

____ Certificate of Liability Insurance

____ Tax ID

____ Resale Certificate

My signature below affirms that I have read and understand Ortal USA’s Sales Policies and Requirements and that I agree to these terms and conditions.

______

Signature Date

1