Terms & Conditions

GENERAL TERMS AND CONDITIONS

Confidentiality
All correspondences, terms, and wholesale pricing are confidential. The Dealer agrees not to disclose this information to third parties without explicit written permission from Forever Patio representatives. Failure to comply with any of the terms and conditions in this document are grounds for loss of dealership.

Minimum Advertised Pricing (MAP) Policy

1. MAP does not dictate an actual sales price and dealers can sell at any price they wish provided these prices are not advertised and abide by the following strictly enforced MAP guidelines.
2. A dealer shall not advertise Forever Patio products or sets at a price below the minimum advertised price ("MAP"). The MAP for all Forever Patio products shall be listed on Forever Patio price sheet for dealers. MAP pricing is established for products and may be adjusted by Forever Patio at its sole discretion.
3. The MAP policy applies to all advertisements of Forever Patio products in any and all media.
4. The inclusion in advertising of free or discounted products with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the sales price of the covered product below the MAP.
5. Forever Patio will not allow discount codes of any type that discount products below MAP. Any Forever Patio dealer found to have an active discount code that reduces prices below MAP will be subject to loss of dealership at Forever Patio's discretion.  Dealers who use storewide coupon codes must raise advertised price so that total upon checkout does not drop below MAP.
6. The Forever Patio MAP policy does not allow dealers to advertise "Add to cart for lowest price" or phrases of similar meaning.
7. Forever Patio reserves the right to adjust MAP and engage in promotions. In the event of a price adjustment, Forever Patio will give seven (7) days’ notice to all affected dealers.
8. Intentional and/or repeated failure to abide by this policy will result in termination of dealership. Forever Patio does not intend to do business with dealers who degrade the image of the Forever Patio brand and its products. Forever Patio may not provide prior notice or issue warnings before taking any action under this policy.

Online Advertising Policy

1. Dealers are prohibited from using in the ad copy of their search marketing campaigns the following terms: any claim to be the manufacturer either expressly or implied, any claim to be the "official" website, and any intentional or unintentional implication of exclusivity outside of an official contract.
2. Dealers are forbidden to sell Forever Patio products through Amazon, Buy.com or Overstock.com without prior written permission from CannonBall Brands.
3. Dealers may not use "Forever Patio" (in any URL friendly manner) in their domain name. Any use of our trademark as part of a domain name will result in legal action.
4. Dealers may not make any intentional or unintentional implication of exclusivity outside of an official contract.
5. Dealers will be held to a high standard of industry professionalism and dealer websites will be subject to individual approval. Types of web site content that will not be accepted include but are not limited to domains that contain inappropriate content or is in any way deemed an unprofessional representation of Forever Patio.
6. Online dealers are required to refer to Forever Patio products by their assigned name and use the Forever Patio brand name in the product copy. Exceptions to this policy may be made on a case-by-case basis and only with explicit written permission from CannonBall Brands.  Only images with the Forever Patio watermark can be used for promotion of Forever Patio products.
7. Dealers are required to use positive, supportive language when selling Forever Patio products. Confusing or ambiguous phrasing, whether intentional or not, that is detrimental to the image of Forever Patio products should be changed.

Service Standards Policy

1. Dealers are required to provide timely and helpful service to their customers who purchase Forever Patio products.
2. Dealers must provide easy-to-locate contact information for their customers to reach them. Customer questions and inquiries should be handled by the dealer; customers are not to be referred to contact Forever Patio directly.

Notification of Forever Patio Policies to Consumer
Without limiting any of the foregoing, Dealer agrees that it shall make a copy of these Terms and Conditions of Sale available upon request to its customers, and in particular, but without limitation, all terms and conditions with respect to Shipping, Freight, Labor, Damaged and Lost Shipments, Returns, Product Size and Color Variations and the Limited Warranty provisions.  Dealer agrees to indemnify and hold Forever Patio harmless from all claims brought by Dealer's customers with respect to Forever Patio products. 

Orders and Payment

1. All payments for shipments will be due to NorthCape International with terms, if applicable, and a credit limit agreed to in advance.  Please note, timely payments are expected and NorthCape reserves the right to hold shipping on accounts that are not in good standing.
2. All orders must be placed into the Forever Patio dealer portal www.ForeverPatio.com unless prior agreement has been made to submit orders via EDI.
3. Accuracy of purchase orders is the responsibility of the purchaser.  Any changes to an order after the order has been submitted must be done in writing and should not be considered changed until a confirmation email has been received by the purchaser.  All expenses associated with an order change including but not limited to custom cushions already produced or the order has shipped will be charged to the purchaser.
4. Once your order has been entered into the Forever Patio portal either directly by the purchaser or by Forever Patio staff an email will be sent to the purchaser confirming the order. An order should not be considered submitted and the “clock” on our ship out times does not begin until this email confirmation has been received. 

Shipping
Forever Patio offers two shipping options for dealers to choose from:

1. Forever Patio will ship on the Dealer’s preferred LTL carrier and the Dealer will be billed directly for freight from the carrier.
2. Forever Patio can ship to the lower 48 states using a standard LTL freight carrier of our choice and bill the Dealer:
• Once orders have left the Forever Patio warehouse, dealers will be provided with a tracking number within two (2) business days. 
• Standard transit from our warehouse to most locations is 4-6 business days though we make no guarantees as to actual delivery times.
• The Dealer is also responsible for communicating instructions to their customers regarding delivery, including but not limited to appointment scheduling, package inspection, and reporting and notating damages.

Order Cancellation

1. Order cancellations must be requested via e-mail and are considered canceled only when the Dealer has received a confirmation e-mail from Forever Patio confirming the cancellation.
2. There is no charge to cancel an order if confirmed prior to billing. Orders canceled after billing are subject to a 6% processing fee. Orders canceled once in transit are subject to 20% processing and restocking fee as well as all shipping fees.
3. Custom and made to order products must be canceled prior to producing the custom items.  Non-regularly stocked items are difficult to resell and are thus produced solely upon request of the Dealer and cannot be refunded once produced.
   

Returns

1. All returns must be accompanied by a return authorization code (RAC). Items returned without a RAC will be refused and no refund will be given.
2. To receive an RAC, email Forever Patio at info@cannonballbrands.com.
3. All items that come in boxes must be returned in the same boxes with the original packaging. Returns must be picked up and in transit no more than fourteen (14) days from the date of delivery and must include all instructions, pieces etc. On approved returns we offer a complete refund less all shipping cost and a twenty percent (20%) restocking and processing fee.

Delays
The Dealer agrees to not hold Forever Patio responsible for delays of any kind including but not limited to stock outages, back orders, shipping services, acts of nature, or other unforeseen interruptions of service beyond our prediction or control. The Dealer will be notified via e-mail as soon as a delay is foreseen; however Forever Patio shall not be held responsible for any delays.

Reporting Defects, Shipping Damage, or Lost Items
If using Forever Patio's freight carriers, the following policies apply:

1. Freight damage must be either refused due to damage or reported within three (3) days of receiving delivery and must be notated on the Bill of Lading (BOL) by the customer.  Forever Patio will not be responsible for freight damage that has not been properly notated on the BOL. 
2. Manufacturer defects must be reported within three (3) days of receiving delivery. It is the receiving party's responsibility to inspect for damage.
3. Should there be any missing boxes or packages, customer must make note prior to signing for the shipment. The receipt provided will indicate the number of boxes in shipment. Any discrepancy with the actual count must be noted on the delivery receipt. If part of the shipment is missing and no note is made, Forever Patio will not be able to assist in the recovery or compensation for any missing freight.
4. To receive support for damage or defect claims, the Dealer must email Forever Patio's Claims Department info@cannonballbrands.com with the order details and photographic evidence of any and all damage or defects.
5. It is at Forever Patio's sole discretion whether or not the product(s) damaged should be repaired or replaced.

Warranty

1. NorthCape International warrants products sold under the Forever Patio name.  Please refer to the supplied warranty documents “A” for warranty covering Hampton (NCI Malibu), Cypress (NCI Bainbridge), Barbados (NCI Cabo), Leona (NCI Berkshire) and Catalina (NCI Charleston).
   

Additional Fees

1. If a customer needs to have a shipment delayed, Forever Patio must be notified in writing within twenty-four (24) prior to shipping. Failing to meet this deadline, the Dealer is responsible for any additional shipping charges that incur, including storage fees, holding penalties, and redelivery fees.
2. If a customer needs to have a shipment redirected to a different address after the item has shipped, the Dealer is responsible for all applicable fees associated to redirect shipment. Any and all fees associated with missed delivery appointments and unwarranted product refusals will be automatically charged to the Dealers account and another delivery attempt will be made. All outstanding invoices will be turned over to collections.
3. No shipping reimbursement charges of any kind will be allowed.

Dealer Performance
Though Forever Patio reserves the right to revoke dealer status from any dealer at any time for any reason, we do automatically revoke dealership status from dealers who do not make at least twenty five thousand USD ($25,000) in sales per year.

Sales Tax
All merchandise is sold to Dealers that are licensed for resale. Dealers assume full responsibility for all taxes or other assessments imposed by any local or federal government agencies. Dealers must present an adequate resale or tax exemption certificate prior to setting up an account.

Changes in Product
We reserve the right to discontinue, modify, alter, or redesign any product at any time. All dimensions are subject to change without notice.

Color Variations
Forever Patio assumes no responsibility for minor variations in color or texture of the materials delivered in relation to sample and/or photos of the product purchased. Such minor variations will not be considered to be defects and any products returned because of these variations will be charged a restocking fee.

Sales Contract

1. The entire sales contract between Forever Patio and the Dealer will be set forth in the invoice and/or accompanying or referenced documents and emails provided by us.
2. To guarantee accuracy oral statements made by any employees or personal shall not be relied upon as part of the sales contract. Only written statements, facts, and policies are considered part of the contract.

I hereby certify that I am fully authorized by the applicant company to supply all information contained within this application for the purpose of becoming an authorized dealer of Forever Patio.  I certify the information on this application to be correct and true.  I further represent that I have the lawful authority to bind Purchaser to these Terms & Conditions of Credit and Sales.