Wholesale Terms and Conditions

BASEUS ACCESSORIES LLC, BUYER AGREEMENT

Updated 9/9/2019

By completing your registration with Baseus Accessories LLC, an Ohio company having its offices at 4340 Lyman Dr, Hilliard, Ohio 43026, you agree to all terms and conditions below.

1. PRODUCT Purchase Agreement and Authorization
A PRODUCT purchase authorization has been issued to the BUYER by BASEUS ACCESSORIES LLC for the purchase of PRODUCTS. This purchase authorization allows BUYER to purchase PRODUCTS, and pay by the means of any payment options available, including but not limited to COD, Company Check or Credit Card (“AVAILABLE PAYMENT OPTIONS”). In consideration of this authorization granted by BASEUS ACCESSORIES LLC to BUYER, BUYER and the undersigned individual (the “GUARANTOR”) hereby personally, individually and unconditionally guarantee payment of whatever amount, which at any time shall be owing to BASEUS ACCESSORIES LLC and ASSOCIATES for PRODUCTS delivered after the date hereof. This is a continuing guarantee relating to any purchases, including those arising under successive transactions, until all transactions have been satisfied in full. The guarantee shall be retroactive as to any purchase made before written notice is received by BASEUS ACCESSORIES LLC that BUYER and/or GUARANTOR are unwilling to guarantee any additional payments for this account. BUYER and GUARANTOR understand and agree that the purchase of PRODUCTS will be considered present consideration with immediate payment expected. BUYER and GUARANTOR further understand and agree that if an AVAILABLE PAYMENT OPTION is dishonored that it will be equivalent to Deposit Account Fraud and/or a theft of the item received through the fraudulent authorization of a dishonored AVAILABLE PAYMENT OPTION when immediate payment is expected. BUYER and GUARANTOR understand and agree that a dishonored AVAILABLE PAYMENT OPTION Transaction may be treated in a court of law, with all legal remedies related thereto, just as a paper check should any authorized transaction be dishonored. BUYER and GUARANTOR agree and understand that at no time between the purchase of the PRODUCTS and the actual time of processing the AVAILABLE PAYMENT OPTIONS has an extension of credit been granted to BUYER and/or GUARANTOR. BUYER and GUARANTOR agree this is present consideration and should be treated as such. BUYER and GUARANTOR further agree that purchasing PRODUCTS and then reselling them to customers without making timely payment in full to BASEUS ACCESSORIES LLC for such purchases will be considered Theft by Deception and prosecuted as such in a court of law.

2. Method of Billing
Each time the BUYER makes a purchase from or through BASEUS ACCESSORIES LLC an automated detailed invoice specifying the denomination and quantity of each PRODUCT ordered is immediately made available to the BUYER. The invoice will clearly show each PRODUCT purchased and the total purchase price of all PRODUCTS purchased by the BUYER. Notwithstanding the foregoing, the invoice does not grant or imply an extension of credit, and immediate payment is expected.

3. Method of payment by BUYER to BASEUS ACCESSORIES LLC
The form of payment used by the BUYER to pay BASEUS ACCESSORIES LLC for all PRODUCT purchases will be in the form of AVAILABLE PAYMENT OPTIONS with immediate payment expected. Notwithstanding the foregoing, Buyer stipulates to and agrees that at no time is an extension of credit ever granted between the time of the purchase of PRODUCTS and the processing and AVAILABLE PAYMENT OPTION.

4. Responsibility for PRODUCTS and Payment
BUYER agrees to be solely responsible for any and all PRODUCT purchases made by BUYER through BASEUS ACCESSORIES LLC. BUYER agrees to and accepts full and complete responsibility for payment of any purchases made from BASEUS ACCESSORIES LLC, by their employees or others with access to their portal. Notwithstanding the foregoing, BUYER releases BASEUS ACCESSORIES LLC completely of any responsibility for the unauthorized sales by others of any products purchased through BASEUS ACCESSORIES LLC. BUYER agrees to and stipulates that an unauthorized purchase by anyone with access to BASEUS ACCESSORIES LLC is not a defense for nonpayment of any monies owed to BASEUS ACCESSORIES LLC by the BUYER.

5. Purchasing of PRODUCTS and Then Refusing to Pay
BUYER and GUARANTOR understand and agree to the importance of BASEUS ACCESSORIES LLC being immediately paid in full for any and all PRODUCTS purchased from its website. Nonpayment of such PRODUCTS would reduce the operating capital of BASEUS ACCESSORIES LLC, therefore affecting BASEUS ACCESSORIES LLC’s ability to provide PRODUCTS on a timely basis to its paying customers. BUYER and GUARANTOR fully understand that any refusal of payment for any product purchased from BASEUS ACCESSORIES LLC will be immediately and vigorously pursued in the courts of Franklin County, Ohio, whether it is civil or criminal.

6. Sufficient Funds at Time of Purchase
BUYER and GUARANTOR agree that at the time of purchase of PRODUCTS from BASEUS ACCESSORIES LLC that BUYER will have sufficient funds in their bank account to assure payment processed to pay for all PRODUCTS purchased. BUYER agrees that under no circumstances will BUYER purchase PRODUCTS from BASEUS ACCESSORIES LLC with the reliance of selling such PRODUCTS before the payment is cleared from the BUYER’S bank. BUYER understands and agrees that funds will be in their account at time of purchase.

7. Term of Agreement and Authorization
This Agreement may be cancelled at any time by BASEUS ACCESSORIES LLC or BUYER. However, should this Agreement be cancelled by BUYER, this authorization is to remain in full force and effect until BASEUS ACCESSORIES LLC has received written notification from BUYER of its termination in such time and in such manner as to give BASEUS ACCESSORIES LLC and Depository a reasonable opportunity to collect all monies owed to BASEUS ACCESSORIES LLC by BUYER. Cancellation of this Agreement does not relieve BUYER or GUARANTOR of any outstanding obligations.

8. Assignment/Parties
This Agreement shall be binding on any successors of BASEUS ACCESSORIES LLC and BUYER. BASEUS ACCESSORIES LLC may assign this Agreement to another party at any time without permission from the BUYER or GUARANTOR. Neither BUYER nor GUARANTOR shall have the right to assign their interests or obligations under this Agreement to any other party without the prior written consent of BASEUS ACCESSORIES LLC.

9. Entire Agreement
This Agreement and the Addendum, Exhibits hereto, and related documents represents the entire agreement between the Parties with respect to the subject matter of this Agreement and supersede all prior or contemporaneous agreements, written or oral, of every sort with respect to the subject matter hereof, and may not be amended except by a writing, signed by an authorized representative of both parties.

10. Force Majeure
BASEUS ACCESSORIES LLC shall have no liability for any loss or damages caused by force majeure conditions, including but not limited to the following; fire, floods, explosions, strikes, embargoes, power blackout, earthquake, volcanic actions, wars, water, the elements, labor disputes, riots, thefts, acts of God, acts of government, acts or omissions of BUYER or GUARANTOR, or any other cause beyond the reasonable control of BASEUS ACCESSORIES LLC similar to the foregoing.

11. Severability.
The parties agree that the terms and provisions of this Agreement that are or hereafter become unlawful under the laws or regulations of the State of Ohio or the United States or any other state in the United States shall be deemed to be void and stricken from this Agreement, and the Agreement shall automatically be deemed to be so amended. If such amendments shall substantially alter the substance of this Agreement, the parties agree to promptly negotiate in good faith to modify this Agreement so as to legally accomplish the purpose intended hereby.

12. Paragraph Headings
Headings are used in this Agreement for convenience only and are not to be used to interpret this Agreement or any part of it.

13. Waiver
The failure of either party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment in the future of any such terms or conditions.

14. Governing Law and Jurisdiction
The validity, construction, and performance of this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, without regard to conflict of law principles. Any disputes arising out of or in connection with this Agreement or the interpretation thereof shall be submitted to a court of competent jurisdiction in the Franklin County, Ohio. The parties hereto consent to such venue and to personal jurisdiction in those courts for purposes of the resolution of any such dispute, whether civil or criminal.

15. Attorney’s Fees
In the event that BASEUS ACCESSORIES LLC must employ legal counsel to pursue and/or defend against actions arising from this Agreement, or if BASEUS ACCESSORIES LLC must employ legal counsel to enforce any of the terms and conditions set forth in this Agreement, BUYER and GUARANTOR understand and agree that BASEUS ACCESSORIES LLC will be entitled to recoup attorney’s fees from BUYER and/or GUARANTOR at a rate of $200.00 per hour, but not less than $500.00 per incident.