Terms & Conditions
The following policies are binding on all customers and on all orders from Summit Distribution. By placing an order with Summit Distribution (Summit), the customer acknowledges and accepts these Terms and Conditions in full.
· - A customer with a signed and completed credit application may request open credit status. The credit approval process may take up to 15 working days or longer. Orders may, at Summit’s discretion, be shipped prior to credit approval if prepaid. Acceptance of any order is subject to final approval by our Credit Department.
· - Prices and terms are effective January 1, 2019. All prices are subject to change without notice and will be established at time of order acceptance by Summit. Order acceptance and sale by Summit occurs at time of shipment. Prices for backordered products are not guaranteed.
· - All resellers must adhere to manufacturers’ MAP and MSRP policies. Please contact your salesperson for current MAP guidelines and list of MAP manufacturers/products. Violation of MAP policies will result in our inability to make future shipments of those specific brands to resellers in violation.
Billing/Payment Terms & Conditions
· - Terms to be determined at Summit's sole discretion based on customer qualifications.
· - Net 30 days is common for most financially stable accounts.
· - Prepaid C.O.D. (Refusal of C.O.D. shipment is subject to a $25 fee, plus all freight charges on shipment and forfeiture of any same day shipping guarantees).
· - We accept the following major credit cards for payment at time of order placement: Visa / MasterCard / American Express / Discover. Please note that we authorize 110% of the invoice amount when we process credit card payments so that it allows for any small changes in shipping fees. The 10% additional authorization is not captured, it just confirms that you have the sufficient credit available to cover the total order cost. It may take up to 24-48 hours for the additional 10% to be released back to your credit availability.
· - Returned checks (for any reason) will receive a minimum $45 fee.
· - Payment terms are effective from the date of the invoice (the date the order ships).
· - DISCOUNTS AND FREE FREIGHT ALLOWANCES apply only to payments POST MARKED ON or BEFORE the INVOICE DUE DATE and will be CANCELED if there is a PAST DUE BALANCE on the account. Summit has the right to apply payments and credits to the oldest outstanding invoices first, regardless of what may be noted on the payment/check advice.
· - All credit card payments made after the original order date will be charged a processing fee of 3.5% of the total invoiced amount.
· - All bank wire and ACH bank payment fees are the responsibility of the customer.
Hazardous Material Shipments (HAZ-MAT)
· - Haz-mat & ORM-D products will not be shipped via airfreight.
· - Haz-mat fees of $35.00, or current adjusted rate, will be applied to each box containing hazardous materials. (50 lb. max product weight per box).
· - Customer is responsible for all Haz-mat charges. Haz-mat fees are subject to change at any time.
· - Summit ships Haz-mat items (mainly fuel) separately within 24 hours of order placement (This does not apply to ORM-D items, such as insect repellents & sealers).
- No hazardous materials, ORM-D, C.O.D., or backorders on shipments to any international orders.
- Standard shipping within the contiguous United States is by ground service, with freight charges and fees added to the invoice. For shipments to Alaska and Hawaii, standard shipping varies depending on reliability, convenience, and cost.
- Summit will prepay U.S. Mail Parcel Post and UPS/Fed-Ex shipments and the freight charges incurred will be added to the customer’s invoice. All truck shipments will be freight collect and will be shipped on Summit’s designated freight carrier. If the customer chooses a different carrier, any freight charges above those normally incurred by Summit will be charged back to the customer.
- Summit reserves the right to change or limit freight allowances at any time.
Freight Allowance Program (FFA)
- FFA – A Free Freight Allowance is provided only to standard dealers with approved dealer terms and whose accounts are current and/or prepaid (credit card or check). Qualifying shipments are F.O.B. shipping point.
- C.O.D. shipments are excluded from all FFA privileges, unless otherwise approved prior to shipment.
- A minimum of $750 in shippable goods qualifies for FFA program.
- Any items requiring special ordering or receiving special pricing are excluded from FFA privileges unless otherwise stated.
- Orders requesting special shipping or routing instructions including third party billing and/or drop ship orders do not qualify for any FFA terms and are considered F.O.B. Origin/Collect (Plainview, NY).
- Account must be current to qualify for FFA terms.
- Contiguous United States:
- Free ground shipping on all orders over $750.
- Alaska, Hawaii & Puerto Rico:
- Orders over $400.00 receive Priority Mail or comparable delivery FFA. There is a 4% cap on this FFA policy. The customer is responsible for freight charges in excess of 4% of the invoice amount.
- All international customer orders will be shipped according to customer request and F.O.B. Origin/Collect (Plainview, NY). Summit will not be responsible for any lost cargo/freight or damages incurred during shipping. FFA does not apply to any international customer orders. Customer is responsible for all Importing Laws and Duty respective to country of import.
· Summit provides a FREE Stock Balancing Program that eliminates the inventory liability that challenges resellers when adding new product lines. Resellers may request stock balancing for slow-moving items on a semi-annual basis. The following are required:
o The reseller must provide an offsetting purchase order of 1-for-1 in dollar value.
o An RMA # request is required.
o All products returned must be in resalable/like new condition (same condition the reseller received the items in).
o The following product conditions are not acceptable for the Stock Balancing Program:
§ Retailed (price) labels on packaging.
§ Damaged packaging.
§ Open box (consumer returns).
§ Discontinued items.
o Stock balance returns must be returned via prepaid freight to Summit’s Distribution Centers.
o Any item that is found to be defective (non-working due to a manufacturers defect, not consumer abuse), we will gladly accept back and provide full credit.
§ Please note that the item will be tested when received at our facility, and if it is found to be working we will treat this return as an open-box return (buyer’s remorse) and return the unit back to you as we are not able to take back open-box returns.
§ If the item is found not to be defective, we will return the unit to you and you will be responsible for the return shipping cost.
Minimum Orders: There are no minimum orders!!
- Unless otherwise specified by dealer, backorders may be automatically shipped by ground up to 30 days after the original order has shipped. All qualifying backorders will ship ground freight only.
- No backorders on any C.O.D., Alaska, Hawaii, or international orders.
Returns, Warranties, & Shipping Discrepancies
- All returns and warranties require a Return Merchandise Authorization number (RMA #), which may be obtained from Summit Returns Department. To ensure proper credit, please clearly mark the RMA # on the outside of the box with your returned merchandise. The Returns Department will advise the most efficient means of return. All products returned without an RMA # will be subject to a minimum 15% restock fee.
- Defective returns must be made within 30 days of purchase. After 30 days defective returns must be made through the manufacturer.
- All shipping discrepancies must be reported within 5 business days of receipt of merchandise. Discrepancies reported after 5 business days will not be allowed.
- Summit will repair, replace, or give credit on defective products at its sole discretion. As a general rule, Summit follows manufacturer warranty policies when determining issues regarding repair, replacement, etc.
- Returns on fuel, food items, or discontinued items will not be accepted.
- Returns of items that Summit special orders from the manufacturer will not be allowed. This includes items not in the catalog or unusually large quantities of catalog items.
- Orders returned by a small package and/or freight delivery carrier as refused, bad address, or for any other reason without prior notification or authorization will be subject to a minimum 15% restock fee at Summit’s discretion.
- Warranty or defective products may take 10-15 business days for replacement.
- Non-defective returns will receive purchasing credits only. No cash refunds.
- Summit reserves the right to review products sold in group sales as potential accelerated wear and tear which may not qualify for normal warranty returns.
- Disclaimer of warranties:
- Summit excludes and disclaims any implied warranty of merchantability or fitness for a particular purpose with respect to any goods sold to a customer. There are no express or implied warranties, which extend beyond the warranties expressly stated from the manufacturer.
Additional Processing Fees
- All drop ship orders will incur a minimum additional fee of $5.50 per order.
Past Due Accounts
- Accounts that have past due invoices will be assessed a late charge of 1½ % per month (18% per annum); provided, however, any interest charged on any amounts past due shall not exceed the maximum amount of no usurious interest that may be contracted for, taken, or received under applicable law. Any interest in excess of that maximum amount shall be credited to the past due amount or, if that has been paid, refunded. This late charge will be levied each month until all overdue balances are paid. Product will not be shipped to accounts with a past due balance. Customer agrees to pay full amount of cost and expenses, including reasonable attorney’s fees incurred by Summit in the collection of overdue amounts or enforcement of this agreement by litigation or otherwise. Customer agrees to pay the full amount of returned check fees.
- Payments postmarked after the due date will not receive freight allowances or other terms discounts.
- Past due accounts forfeit all terms and discounts, including Pre-Season and FFA incentives.
- Summit reserves the right to hold all shipments and/or reallocate all inventory reserved for overdue accounts.
Authorities of Parties
- No sales representative or employee of Summit shall have the power to waive any of the terms or provisions hereof, or to incur additional obligations, or to make additional representations or warranties on behalf of Summit unless the same is evidenced by an agreement, in writing, signed by a duly authorized officer of Summit.
- The acceptance by any person/dealer of an order from Summit constitutes an agreement to the above terms and conditions. This agreement shall be deemed to have been made in, and governed by, the laws of the States of New York. Any disputes arising under this agreement may be litigated in the state courts of Nassau County, NY or in the United States District Court for New York. Summit reserves the right to initiate litigation in any other appropriate forum needed.