General Reseller Terms and Conditions
PLEASE READ THE FOLLOWING RESELLER TERMS AND CONDITIONS OF SALE CAREFULLY (and all agreements incorporated herein by reference), as it is a legal agreement between you, the purchaser of Mynt product(s) (“Product” or “Products”) and Mynt (“Mynt”).
By purchasing a Mynt system or accessory via Mynt directly or an authorized distributor, you hereby represent and agree that (i) you have read and agree to these reseller terms and conditions of sale (“Standard Terms”) and you have full power and authority to execute this Agreement (as hereinafter defined); (ii) Mynt may, in accordance with the Standard Terms, upon electronic receipt of the completed order form (“Order”) pre-authorize the specified charges on the credit card specified in the Order and process the charges to such credit card prior to shipment of the Products specified in the Order; and (iii) the credit card information provided is yours or you have direct and full permission from the cardholder to carry out this transaction. The Order and the Standard Terms, together with all other agreements referred to herein and hereby incorporated by reference, are together defined as the “Agreement”. The Agreement is between Mynt, having its place of business at 1975 Midway Lane STE O, Bellingham, WA 98226 and the dealer specified in the Order (“Dealer”, “you”) having its principal place of business at the address specified in the Order and is effective as of the date Dealer successfully submits the Order to Mynt (“Effective Date”) at www.myntpos.com (the “Site”) or via other acceptable method. No variation of these Standard Terms shall be binding unless agreed in writing between Mynt and Dealer. This Agreement sets out the terms and conditions on which: (a) Mynt authorizes Dealer to resell certain designated Mynt products; and (b) Mynt will sell such products to Dealer in order to allow Dealer to re-sell and distribute such products to customers as expressly authorized in this Agreement. In consideration of the mutual covenants herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Pricing: Product pricing is reflected in the Order. All dollar amounts on the Order and on the Site are in U.S. Dollars. Prices for future orders are subject to change without notice, at Mynt’s sole discretion.
Purchase Orders: Mynt reserves the right to decline or to accept any Order entirely at its’ discretion and for any reason. An Order shall only be accepted by Mynt when Mynt does so in writing or when Mynt delivers Products to Dealer, whichever occurs first. Mynt agrees that it shall use commercially reasonable efforts to promptly notify Dealer of its intention to reject any Orders. Once the Order has been accepted, Mynt may make partial shipments if some items are on backorder.
Terms of Payment: Unless otherwise agreed in writing by Mynt, payment shall be due and payable in full at the time of order.
Cancellation / Delay by Buyer: Dealer may not cancel Orders for Products available for immediate shipment. Dealer may submit a written request for cancellation of pre-order or backorder products no less than one (1) business day prior to actual scheduled shipment date.Dealer may not delay scheduled delivery of Products without Mynt’s written consent.
Cancellations by Mynt: Dealer agrees to offer all customers a full refund for any order cancelled by Mynt, at the sole discretion of Mynt.
Customer Information: Dealer will, at the request of Mynt, provide any business name, phone number, email address, and physical address for any End User that has ordered a Mynt POS System or accessory.
Software Exclusivity: Dealer agrees not to alter or include any software besides what has been provided and pre-installed by Mynt without written consent of Mynt.
Hardware Bundle: Dealer agrees to provide customers with all of the bundled hardware provided to the dealer by Mynt. No hardware will be withheld or modified before tendering to the customer without written consent from Mynt.
Returns: Dealer agrees to abide by and supply the following return policy to all end customers:
All request for returns must be submitted to Mynt within 30 days of purchase and all hardware must be in new, unused condition and packaged in the original box and shipping material. Mynt is not responsible return shipping fees and a $150 restocking fee will be assessed on all returns. Once a return has been approved an RMA (Return Manufacturer Authorization) number will be issued, all RMA numbers will be valid for 10 business days.
Once an RMA has been received Mynt reserve the right to test all hardware and charge any additional fees needed to bring the hardware into new, working condition. The standard testing time is 5 business days from when the hardware is received by Mynt. Mynt reserves the right to extend testing time when Mynt determines it necessary.
Once Mynt has received all of the hardware and tested it, a refund minus any re-stocking fee will be applied to the original payment method.
Marketing and Trademarks: (a) Use of Marks. Dealer recognizes Mynt’s ownership and title to its trademarks, trademarks and trade names whether or not registered (collectively “Mynt Marks”). Dealer shall not acquire any rights in Mynt Marks nor will it act to impair the rights of Mynt in and to such Mynt Marks. Dealer is hereby granted a limited, non-exclusive and revocable at any time permission to reproduce the Mynt Marks associated with the Products that are identified and approved by Mynt, to the extent necessary in carrying out Dealer’s Product marketing, advertising, servicing and sales activities authorized hereunder, subject to any directions, guidelines or policies communicated by Mynt to Dealer. (b) Marketing Collateral. Mynt may, at its discretion, provide available data, images, photos, and other varieties of information regarding Products and Services that is intended to support marketing and sale of Products (collectively “Information”). Mynt hereby grants Dealer a royalty-free, non-exclusive and revocable license to distribute, display and promote the Information solely for the purpose of advertising, promoting and selling the Products on the terms hereof. Mynt may revoke such license at any time if, in the determination of Mynt, Dealer’s use, marketing, distribution, display or promotion is detrimental to the Product and/ or the business and affairs of Mynt. Mynt does not warrant that Information will be current or error-free. Dealer may not adapt or change any Information without written permission of Mynt.
Limitation: IN NO EVENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW SHALL MYNT, ITS SHAREHOLDERS, AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES (COLLECTIVELY THE “MYNT PARTIES”) BE LIABLE TO DEALER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, IN RESPECT OF LOSS OF PROFIT OR REVENUE, COSTS OF DELAY, LOSS OF TIME OR INCONVENIENCE OR COSTS OF PROCURING SUBSTITUTE PRODUCTS) EVEN IF SUCH DAMAGES ARE FORESEEABLE OR THE MYNT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYNT PARTIES’ TOTAL LIABILITY AND OBLIGATION IN THE AGGREGATE FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY CONNECTION WITH THIS AGREEMENT, WITH RESPECT TO ANY EXPENSE, DAMAGE, LOSS, INJURY, OR LIABILITY OF ANY KIND, REGARDLESS OF THE CAUSE OR FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, BY STATUTE OR OTHERWISE) SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED AND SHALL NOT EXCEED THE ACTUAL AMOUNTS PAID BY DEALER TO MYNT UNDER THE APPLICABLE ORDER IN RESPECT OF THE PRODUCTS SUBJECT TO THE CLAIM. All disclaimers and limitations set forth herein shall apply regardless of the nature of any cause of action or demand (including, but not limited to breach of contract, breach of warranty, negligence, strict liability, tort or any other cause of action) and shall survive a fundamental breach or breaches and/or failure of the essential purpose of this Agreement or any remedy contained herein.
Indemnity: Dealer hereby agrees to indemnify and hold harmless the Mynt Parties and their successors and assigns from and against all liabilities, obligations, costs, losses, demands, actions, proceedings, claims, damages and penalties (including, without limitation, all legal costs and costs of enforcement) incurred or suffered by any of the Mynt Parties and arising out of or relating to Dealer’s performance or breach of this Agreement or Dealer’s purchase, possession, use, operation, re-sale or installation of Products.
Entire Agreement and Amendment: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, proposals, promises, inducements, representations, conditions, warranties, understandings, purchase or sales orders, negotiations and discussions, whether oral or written, of the parties. Any modification, amendment, supplement or other change to this Agreement must be in writing and signed by duly authorized representatives of the parties. As used herein, the term “Agreement” shall include any such future modifications, amendments, supplements or other changes hereto. No terms or conditions which may be contained in Dealer’s order forms, purchase orders or any other document not agreed to in writing by Mynt shall bind Mynt. This Agreement will enure to the benefit of and be binding upon the parties and their respective successors, heirs and permitted assigns. Mynt reserves the right to change the terms and conditions of this Agreement at any time and without notice and Dealer is responsible to review this Agreement each time Dealer submits an Order.
Intervening Events: Mynt shall not be liable for delay or failure in performance resulting from acts or events beyond the control of Mynt, including but not limited to, strikes or labour or industrial disturbances, civil disturbances, acts, orders, legislation, regulations or directives of any government or other public authorities, acts of public enemies, riots, sabotage, blockages, embargoes, shortages of labour, materials and suppliers, delays or failures of suppliers, lightning, earthquakes, fire, storms, hurricanes, floods, washouts, explosions and acts of God.
No Assignment: Neither this Agreement nor any right granted hereby is assignable by Dealer without Mynt’s prior written consent. Mynt may assign this Agreement at any time without notice to Dealer.
Severability / Waiver: Any provision of this Agreement which is unenforceable in any jurisdiction shall, in such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. No delay or omission by a party to exercise any right or power it has under this Agreement or to object to the failure of any covenant of the other party to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
Governing Law: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington, USA, without regard to conflict of laws principles. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the jurisdiction of the courts of the State of Washington and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the Courts of the State of Washington, USA.
Independent Parties: The parties are acting hereunder as independent contractors and nothing contained herein shall be construed as creating any partnership, joint venture, franchisor-franchisee, or agency relationship between the parties. Neither party shall have any right, power or authority to bind or obligate the other.
Inconsistencies: In the event of any inconsistencies or conflicts between the terms of this Agreement and the terms of any schedules or other documents attached to or relating to this Agreement, the terms of this Agreement will prevail, unless otherwise expressly stated and agreed to in a signed writing by the parties.
Notices: Any notice or other communications given under this Agreement shall be in writing and shall be given by delivery in person or by overnight courier service (with signature required) to the address specified for Mynt above and for Dealer on the Order and shall be effective upon receipt.