Wholesale Terms of Use – PodVapes™ US

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Wholesale Terms of Use

Terms Of Sales And Service Agreement - Disclaimer

Please Read The Following Carefully. We Will Require A Signature Of An Authorized Representative Before We Can Open And Service Your Account.

Definition
“pv” As Used Herein Means Podvapes Limited. And Any And All Of Its Affiliates And/or Subsidiaries And/or Business Agents, Servants And Employees.
“customer” As Used Herein Means You, And/or, The Company And/or Person(S) Purchasing The Products From Pv For The Purpose Of Reselling To The End Retail Customer/client.“product(S)” As Used Herein Means All Products Made For Sale By Podvapes Limited To Customer.


Legal Notice
E-cigarrettes (Hereafter Referred To As “vaping”) Are Battery Operated Vaporizers. E-cigarettes And Vaporizing Kits Are Powered By Batteries Which Can Possibly Fail, Explode Or Catch Fire. Pv Has Provided You With Educational Material To Assist You, Your Employees And Customers To Safely Use And Enjoy Our Vaping Products Along With Usage Guidelines And Recommendations To Avoid Battery Failure, Explosions, Or Fires.please See
 “guideline For Usage” For More Information.
With Any Purchase Made From Pv, You Are Deemed A Customer Of Podvapes Limited. And Specifically Agrees That All Items And Products Purchased Become Their Product Upon Departing Pvs’s Facility And That The Customer Assumes All Liability, Direct And Related To The Items And/or Products. The Customer Has No Expectations Of Pv, Its Owners, Employees Or Assigns With Respect To Handling, Shipping, Storing, Securing, Usage Of The Item Or Product They Have Purchased And Which Has Become The Customer’s Property Other Than That Which Is Outlined In The
 Terms Below And Has Been Accepted By The Customer;
Any Customer That Purchases And/or Receives A Vaping Item Or Product From Podvapes Limited. Must Expressly Agree To The Terms Of This Statement.


Terms
Warranty
The Warranty Set Forth In The Terms And Conditions Are Pv Sole And Exclusive Warranty And The Only Remedy Available To Customer With Respect To This Product. Podvapes Will Not Have Any Liability In Warranty To Any Third Party In Any Manner Whatsoever; Podvapes Makes No Other Warranties To The Customer And Expressly Disclaims Any And All Implied Warranties, Including Without Limitation Warranties Of Non­infringement, Fitness For A Particular Purpose Or Merchantability.
The Warranty Will Be Voided And Shall Not Apply If The Product Has Been Physically Abused, Or Misused By The Consumer And/or Any Third Party, And/or The Product Has Been Subjected To Abnormal Or Unusual Usage Or Use By The Consumer And/or Any Third Party Inconsistent With Podvapes’s Published Directions And/or Guideline For Usage, Or There Had Been Tampering.

Total Liability.
Pv’s Total Liability To The Customer Or To Any Third Party In Connection To This Product Shall Be Limited To The Price Paid By The Customer To Purchase The Product Preceding The Date Of The Event Giving Rise To A Claim Against Podvapes.

Limitation Of Liability
In No Event Whatsoever Will Podvapes Be Liable To Any Customer, Consumer, Or To Any Other Third Party For Any Special, Non­compensatory, Consequential, Indirect, Incidental, Statutory Or Punitive Damages Of Any Kind.


Risk
Products Sold By Psi Include But Are Not Limited To; Equipment And Accessories Used In Vaporizers, Electronic Cigarettes, Batteries, Clearomizer, Chargers, Cables, E-liquid, E-juice, And Drip Tips. The Use Of Any Of The Products Can Be Dangerous If Misused. The Customer Understands That The Sale Of Such Products To Their Clients Is Done At The Customer’s Own Risk. You Agree That By Vending The Products Sold By Pv That You Have The Knowledge And Training To Do So. The Customer Acknowledges That They Are Responsible To Communicate To Their Clients All Necessary Warnings Prior To Making The Sales Transaction. The Customer Also Acknowledges That It Is Their Responsibility To Educate Their Clients On The Safety And Proper Use Of All Products Sold To The Customer’s Clients, And That Improper Use Of Any Products Whether As Sold Individually, Or Used In Combination, Or Conjunction With Other Products May Pose A Serious Risk.


Warning
The Seller Understands That The Misuse Of Products Sold By Pv Through Pv’s Wholesale Program, Or Otherwise, May Involve Serious Risks Including, Injury, Property Damage, Disability And Death. Customer And Customer’s Clients Assume All Risk Of Injury. Pv Cannot And Will Not Be Responsible For The Misuse Or Unauthorized And Improper Use Of The Products Sold Through Pv’s Wholesale Sales Program, Or Otherwise.


Conditions Of Sale
The Customer Understands And Acknowledges That Substantial Risks Are Involved With Using Products Sold By Pv, And That Such Risks Must Be Communicated To The Customer’s Clients.
The Customer Is Responsible For Training And Communicating To Customer’s Staff To Ensure Proper Communication Of Such Risks Is Passed Onto Customer’s Clients Prior To Making A Sale.
The Customer Is Responsible For Adequately Training Customer’s Staff And Ensuring And Determining The Adequate Level Of Product Safety Knowledge Required Prior To Allowing Customer’s Staff To Sell Products To Customer’s Clients. In Addition, The Customer And/or Customer’s Staff Must Communicate Such Knowledge Such As Safety, Warnings Cautions, Dangers, And Risks To Customer’s Clients At The Time Of Sale.
The Customer Is Responsible For Adequately Training Customer’s Staff On The Proper Safety And Handling Of Products Sold By Pv.
The Customer Agrees That All Products Sold By Pv, Are To Be Sold Only To Customer’s Clients Who Have Reached The Age Of Majority. The Sale Of Any Products By Customer To Customer’s Clients Who Have Not Met The Age Of Majority Is Strictly Prohibited And Violates This Terms Of Sale Agreement Between Customer And Pv.
The Customer Agrees That Pv Is Not Responsible For The Views, Claims, Statements And Opinions Whether Expressed Verbally, Or Written, Or By Any Other Means Of Communication, By Customer To Their Clients, Including But Not Limited To Any Claims Of Health Benefits From Using Products, Smoking Cessation, Safety, And Risks Involving Products, Or Otherwise.


Exclusion Of Implied Warranties And Limitation Of Liability
Pv Makes No Warranty That The Goods Sold Hereunder Shall Be Merchantable Or That Such Goods Shall Be Fit For Any Particular Purpose. It Is Understood And Agreed That In No Event Shall Psi Be Liable For Any Indirect, Special, Incidental Or Consequential Damages, Including, But Not Limited To, Personal Injury, Property Damage, Damage To Or Loss Of Equipment, Lost Profits Or Revenue, Costs Of Renting Replacements And Additional Expenses, Resulting From Pv’s Performance Or Failure To Perform Under This Sale, Or From The Furnishing, Performance Or Use Of Any Goods Or Service Sold Pursuant Hereto, Whether Due To A Breach Of Contract, Breach Of Warranty, The Negligence Of Pv, Or Otherwise.


Title
Title To Products Passes From Pv To Customer Upon Shipment From Pv’s Facility.


Jurisdiction And Costs
In The Event The Customer And Pv Are Unable To Resolve Any Customer Dispute, And Any Collection Action, Suit Or Other Judicial Proceeding Is Commenced, The Prevailing Party In Any Such Collection Action, Suit Or Judicial Proceeding Shall Be Entitled To Recover Its Costs And Reasonable Attorneys' Fees Incurred.


Entire Agreement
The Terms Of Sales And Service Agreement Constitute The Entire Agreement With Regard To This Sale And Expressly Supersede And Replace Any Prior Or Contemporaneous Agreements, Whether Written Or Oral, Relating To Said Sale, Including Any Terms And Conditions On Any Of The Customer’s Documents Or Purchase Orders. This Agreement Shall Be Binding Upon The Heirs, Successors And Assigns Of The Parties Hereto. If Any Provision Of This Agreement Shall Be Held To Be Invalid Or Unenforceable, The Remainder Of This Agreement Shall Remain In Full Force And Effect.

Guidelines For Usage

For Handling Of Electronic Cigarette And Accessories:

  • Make Sure You And Your Consumers Read And Understand The Manufacturer's Recommendations For Use And Care Of The Device. If The Vaporizer Did Not Come With Instructions Or You Have Further Questions, Contact Your Dedicated Pv Representative.
  • Don’t Remove Or Disable Safety Features And Also Advise Your Consumer Not To Remove Or Disable Safety Features—like Fire Button Locks Or Vent Holes—these Are Designed To Prevent Battery Overheating And Explosions.
  • Only Use Batteries That Are Designed And Recommended For The Device. Don't Mix Different Brands Of Batteries, Or Use Batteries With Different Charge Levels.
  • Charge Any Device (Including Devices Using Internal Batteries) Away From Anything That Can Easily Catch Fire Like A Couch Or Pillow.
  • For Vaporizer Device Which Contains Built Internal Batteries, Always Use The Charger That Came With It In The Original Packaging.
  • For Vaporizer Device Which Uses External Batteries, Always Use Certified Chargers That Were Designed To Charge Your Specific Batteries.
  • Protect Your Vaporizer Device From Extreme Temperatures By Not Leaving It In Direct Sunlight Or In Your Car On A Freezing Cold Night.


For Handling Of Batteries:

  • Don’t Ever Trust A Charging Source To Not Overcharge A Battery (Including Internal Batteries Charged Via Usb!)
  • Don’t Ever Paint, Modify Or Take Apart Your Batteries, This Can Be Dangerous.
  • Never Remove The Wrapping From A Battery Or Use A Battery With Damaged Wrapping Where You Can See Exposed Metal Of Any Kind. An Unwrapped Or Damaged Battery Is Guaranteed To Be A Potentially Dangerous
  • Battery. Inspect Your Batteries! If You Are Unsure, It’s Best To Get New Batteries Or Have An Experienced Individual Re-wrap Your Current Batteries.
  • Never Keep Extra Batteries Stored Without A Case Or Carry Them Loosely; A Single Piece Of Metal Touching The Contacts Of A Battery Can Cause It To Discharge In Your Pocket.
  • Never Use Off-brand, Unmarried Batteries. Always Use The Same Brand, Same Aged And Same Exact Model Of Batteries Together!
  • Never Charge Your Batteries At A Rate You Aren’t Sure They Are Safe With. 18650’s Should Be Charged At 1.0a, 26650’s Should Be Charged At 2.0a And Only Use The Same Kind Of Usb Cord As That Which Came With Your Device In The Case Of Usb Charging.
  • Never Leave Charging Batteries Unattended For Long Periods Of Time. (Including Internal Batteries Being Charged Via Usb!)
  • Never Blindly Place Batteries In Your Device, Always Ensure You Are Properly Installing Them And Never Place Batteries In A Device/charger Backwards Or Improperly!
  • Never Place Batteries Near Or On Top Of Any Kind Of Metal Object, Such As A Table Or Laptop.
  • Do Inspect Your Batteries And Their Wrapping For Any Damages Every Time You Remove Them; Only Ever Use A Battery You Know Is In Pristine Condition And Safe.
  • Do Remove Your Batteries / Device From The Charger Once The Charger Or Device Indicates That The Cells Are At Full Capacity.
  • Do, If You Use A Multi-battery Device, Store And Use Batteries In Pairs. This Is Called “marrying” Your Batteries, From Day One When You Get New Batteries Always Exclusively Use And Charge Those Batteries Together With Only One Another And Only With The Same Device You Initially Put Them In, This Ensures Your Batteries Are Aged The Same To Ensure Steady Output And Pro-long Life.

By Signing This Agreement, You Acknowledge That You Have Read, Understand And Agree To The Above Terms And Conditions Described In The Agreement. You Acknowledge That You Have The Authority To Sign This Agreement As An Authorized Representative Of Your Company.

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