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USA Retailer Terms & Conditions


General


The Retailer agrees that Open Road Brands retains the right, in Open Road Brands sole discretion, to terminate accounts, reject orders, and revoke access to Open Road Brand’s products and services at any time, with or without cause, without prior notice or explanation, and without liability to the Retailers. The Retailer retains the right to terminate the account but must pay Open Road Brands for all products shipped to the Retailer.

Approved Selling Territory and Distribution Channel


Approved customers are only permitted to sell Open Road Brand products in their approved territory and distribution channel approved by Open Road Brands. Any Retailer who is found in violation of their approved territory and/or distribution channel, Open Road Brands may terminate its business relationship with the violating Retailers, cancel or refuse Retailers pending or future orders or suspend the account.

3rd Party Online Sales


No Retailer is permitted to sell or offer to sell any Open Road Brands products on any 3rd party e‐commerce website or multi‐vendor website, including but not limited to Amazon.com, Ebay.com, Zulilly.com, Walmart.com or Jet.com. Open Road Brands will not discuss any conditions of acceptance related to this condition, as it is non‐negotiable. In the event a Retailer sells any Open Road Brands product on a third-party website, Open Road Brands may terminate its business relationship with the violating Retailers, cancel, restrict, or refuse any of the Retailer’s pending or future orders, suspend the Retailer account, or exercise any other remedy available to Open Road Brands at law or equity. Retailers are, however, allowed to sell products on their own websites in accordance with Open Road Brands policies.

Tax Exemption Certificate Requirements


As we are a wholesale company, please provide a copy of a valid tax exemption or reseller’s certificate upon account creation.

Order Requirements


All items ordered will be in full case packs (typically four units). Orders are placed through shop‐orb.com. If a retailer chooses to allow backordered items, we will hold orders to ship in full unless otherwise specified.

Payment Method


We accept the following credit cards: Visa, MasterCard, Amex, and Discover. We run an authorization transaction on all credit cards to ensure validity at the time an order is received. Your credit card will be charged before our warehouse processes the order. Please note that your credit card may be overcharged to ensure all applicable shipping charges are covered, we will then adjust the charge at time of shipment.

Net 30-day terms are available upon request and credit approval at the discretion of Open Road Brands. All collection fees, including legal fees, are the responsibility of the customer. If a customer is continually late on payment, Net 30 terms will be revoked.

Shipping


Standard ship time is 3‐5 business days after the order is placed. If an order includes item on backorder, shipping times may be increased.

Shipping costs are the responsibility of the customer and are determined by the weight, dimension, and destination of the order and will be added to your order total. Our standard shipping method is UPS Ground from Wichita, the responsibility of the customer, and will be invoiced separately. To request a different shipping method, please contact customerservice@orbrands.com.

Liftgate Service


The customer selects if this service is needed during the application process, and will incur a $175.00 shipping charge on qualifying orders.

Limited Access Site


The customer will incur a $145.00 shipping charge if the delivery location is determined to be a Limited Access Site by the carrier. Open Road Brands has no discretion on the determination of a Limited Access or the charges incurred.

Inaccurate Shipments and/or Damaged Merchandise


In the instance of receiving a damaged shipment, all noticeable damage must be documented. Photos of the damaged pallet and items must be sent to customerservice@orbrands.com. All damages must be identified and documented with signature from carrier and receiving party at the time of receipt. Open Road Brands will not be responsible for any damage during shipment that are not recorded with the carrier. All claims must be made within seven (7) business days of receipt of shipment with Open Road Brands.

In regards to defective product, all claims must be made within seven (7) business days of receipt of shipment with Open Road Brands. Inaccurate shipments and defective merchandise will be promptly refunded or replaced. Please contact customerservice@orbrands.com to submit a claim, or submit a return through the My Account section.

Cancellations & Returns


Orders may be canceled at no charge prior to shipment by contacting customerservice@orbrands.com, or cancelling your order through the My Account section.

Change to Terms of Use


Open Road Brands reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the services made available after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.