These terms and conditions govern the sale of Loog Guitars products to authorized resellers.
PROHIBITION ON SALES TO CERTAIN RESELLERS
Loog® brand items must not be resold by you to any dealers, retailers (storefront or internet based), wholesalers or export distributors. Any Authorized Reseller who sells Loog® products to any open auction site or knowingly sells to consumers that resell Loog® products on any open auction site (such as eBay) will be in violation of this policy and Loog® will then refuse to sell to you any further products and pursue all rights and remedies set forth in this policy.
PROHIBITION ON SALES THROUGH CERTAIN CHANNELS
Loog® brand items must not be resold by you through any channel other than your store front or proprietary internet based store. Any Authorized Reseller who sells Loog® products through an online marketplace (such as Amazon) will be in violation of this policy and Loog® will then refuse to sell to you any further products and pursue all rights and remedies set forth in this policy.
MINIMUM ADVERTISED PRICING (MAP) POLICY
We have implemented a minimum advertised pricing policy ("MAP" policy) to protect the Loog® brand name and to support the products and our Authorized Resellers on a consistent basis. We will not support or sell to Authorized Resellers that advertise our products at a price less than "MAP" prices. Our "MAP" policy applies to advertised prices, which means print, direct mail, broadcast, catalog and electronic media including Internet e-commerce sites. Violation of this "MAP" policy will result in immediate termination of your account in addition to the penalties set forth in this policy. Should this occur all unpaid invoices become immediately due and payable. All current and future Loog® items shall be covered by this "MAP" policy unless otherwise indicated in writing by Loog Guitars, LLC, and Loog Guitars, LLC reserves the right to change this policy at any time.
- Payments must be made upfront via ACH to our bank account at Chase or credit card.
- Through our partnership with Faire, we extend Net 60 payment terms for orders placed on https://loog.faire.com. (Faire covers the upfront costs of your order and you will not be charged for the items until 60 days after the date your order was placed.)
- We provide Net30 terms to accounts that have been in good standing working with us for one whole year. We have complete discretion regarding whether to establish an open account with you.
- Past due accounts are subject to a late payment fee equal to two percent (2%) per month of the outstanding balance.
- All sales are final. Returns are only permitted with authorization from an authorized employee of Loog Guitars, LLC.
- Returned and refused shipments are subject to a 25% restocking fee. All return freight is to be paid by the customer.
- Claims for merchandise shortage or damaged goods must be made within 10 days of receipt of shipment.
- In the event that an Authorized Reseller intends to go out of business, the Authorized Reseller shall immediately contact Loog Guitars, LLC and request a return goods authorization for credit provided that the merchandise is resalable. Liquidation of Loog® brand products is strictly prohibited.
- Prices and product availability are subject to change without prior notice.
- Manufacturer reserves the right at any time to change, discontinue or modify the design and construction of any of its products.
- We cannot guarantee that the product you order is in stock, when your order will ship, or when you will receive your order.
- Delivery means delivered to the address listed on the purchase order and signed for at that address. We are not responsible for unauthorized signers, loss, or damage after the shipment has been signed for.
- Manufacturer will not be liable for any delay in the performance of its obligations under the Order, or for any damages suffered due to such delay, including but not limited whether or not the delay is, directly or indirectly, caused by a fire, flood, accident, civil unrest, act of God, war, governmental interference or embargo, labor strike, shortage of materials, or any other cause beyond our control.
LIMITATION OF LIABILITY
LOOG GUITARS, LLC'S MAXIMUM CUMULATIVE LIABILITY TO BUYER SHALL NOT EXCEED PURCHASE PRICE OF ANY GOODS. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR LOST GOODWILL, RELATING TO THE GOODS SOLD HEREUNDER, THEIR USE, WHETHER IN CONTRACT, TORT PURSUANT TO STATUTE OR OTHERWISE. THE FOREGOING SHALL CONSTITUTE THE SOLE AND SOLE EXCLUSIVE EXCLUSIVE REMEDY OF ANY PURCHASER OR AUTHORIZED RESELLER AND THE LIABILITY OF MANUFACTURER.
New York law exclusively governs these Terms and Conditions, and the sale of our product to you.
USE OF TRADEMARKS AND COPYRIGHTED MATERIAL
The Loog® brand is a federally registered trademark and is the intellectual property of Loog Guitars, LLC. Our logo and/or trademark, trade dress and trade name shall never be used in whole or part of your company name or website URLs or in any promotional materials that may suggest the products do not derive from Manufacturer. Any implication that your company is anything other than an "authorized dealer or reseller" of Manufacturer will result in immediate termination of your account. All authorized dealers and resellers are given a non-exclusive limited license to use the Marks, including product images and product copy so long as such use is consistent with Manufacturer's style guides which may be changed from time to time. This material should be used for the sole purpose of promotion and advertisement of Loog® products. Failure to comply with the terms of this limited consent as explained will result in the immediate termination of your account and may result in legal action.