TAFFY TOWN Terms of Sale

Placing Orders

Office: (801) 355-4637, Opt 1 (Monday - Thursday 8am to 4pm and Friday's 8am to Noon MST)

Toll-Free: (800) 765-4770, Opt 1 Fax: (801) 355-7664 Email: orders@taffytown.com

Pricing

Pricing can be obtained from our customer service department and/or your sales representative. Pricing is subject to change without notice unless otherwise agreed upon in writing with the customer in advance.

Payments

We accept Visa, MasterCard, American Express, Discover, Business Checks, Money Orders, ACH and Wire Transfers as forms of payment for most orders. Credit cards will not be accepted for payment on invoices exceeding $10,000.00.

**PLEASE NOTE: IF PAYMENT DECLINES, YOUR ORDER WILL NOT BE SHIPPED UNTIL PAYMENT ISSUES ARE RESOLVED. DECLINED PAYMENTS MUST BE RESOLVED WITHIN 7 DAYS OR YOU MAY BE SUBJECT TO YOUR ORDER BEING CANCELLED AND A 10% RESTOCKING FEE WILL BE BILLED TO YOUR ACCOUNT** ALL RETURNED CHECKS WILL INCUR A$15.00 FEE.

Invoice Remit Address

Taffy Town, Inc. |9813 South Prosperity Road, West Jordan, UT 84081

Net 30 Terms

NET 30 terms are available if approved by our Taffy Town Credit Department. You will be notified by mail or email, with a read receipt attached, upon approval. All accounts that have been approved for NET 30 terms, MUST be paid within 30 days*.

*See Late Payment notice*

Past Due accounts MUST be paid prior to any orders being shipped. The cost of fees and/or collection will be paid by the delinquent account holder. For those who would like to open a NEW ACCOUNT, the Credit Application and any other forms that are necessary to apply, MUST be completed in full. Please allow 4 - 6 weeks for credit to be established, if you are requesting NET 30 Terms. Prior to credit being established, first time orders will be shipped ONLY if the order is paid in full, using a credit card on your first order and future orders, until credit is established and you are approved for terms. If you are using a credit card on all orders, please allow up to 3 business days for your account to be set up into our system.

Late Payment Notice

All accounts MUST be paid within 30 days, if you are on NET 30 terms. If an account is not paid within the 30 day period, account will be subject to a late fee; for every 30 days that an invoice is late a 1.5% fee will be applied to the invoice total. If accounts are delinquent past 60 days, you may lose your NET 30 terms with us. If you do not have NET 30 terms set up with our company or are currently waiting on NET 30 terms to be approved, orders will not be shipped until your order is PAID IN FULL. No orders will be shipped for ANY account over 30 days past due, until payment is received in full.

Order Cancelations

Buyer will have up to 72 hours to cancel their order to avoid any fees. If order is cancelled AFTER the 72 hour time frame, but BEFORE their order has left our warehouse, buyer will be subject to a 10% restocking fee. If buyer cancels their order AFTER their order has been shipped from our warehouse, buyer will be subject to a 10% restocking fee AND will be held liable for ALL COSTS AND FEES associated with shipping to the buyer and stopping shipment to re-route the order to be shipped back to our warehouse.

Shipping Policy/Claims

**Please be advised that freight prices are subject to change without notice**

The method of shipment will be within the discretion of Taffy Town, Inc. unless other arrangements have been made, by “you” or “the customer”, with our Customer Service Department. Taffy Town, Inc. will not be held liable in for any delay by the shipping carrier, due to non-delivery or default in shipping, labor disputes, transportation shortage, delays in receipt of goods, priorities, fires, accidents or any other causes beyond the control of the seller, by the carrier. IMPORTANT: It is the buyer's responsibility to inspect the goods BEFORE you accept it at your location from the shipping carrier. If there is noticeable damage to your order, you will need to resolve this issue with the carrier immediately, as you can file a claim with the company for reimbursements for damaged goods. Take pictures and sign the carrier’s delivery receipt if there’s any visible damage. Please review promptly for any concealed damage. There is a limitation of 4 DAYS to report damage to Taffy Town and/or carrier from time of receipt to process any shipping claims DO NOT deduct the cost of any item from your invoice due to damage from the shipping carrier, unless authorized by Taffy Town, Inc. Invoice deductions MUST be authorized by Taffy Town, Inc. Customer Service Department.

**PLEASE NOTE: Taffy Town, Inc. has no control over how orders are handled by the shipping carrier after it has left our warehouse and therefore cannot be held liable for damages, in any way, by the carrier**

**LIMITED WARRANTY/LIABILITY**

Please take note that Taffy Town, Inc. intends to ship product with a minimum shelf life of 9 months remaining after leaving our warehouse. Each of our packaged/bagged products contain Lot Codes which contain 5 numbers. The first two numbers are representative of the year and the last three numbers are the ordinal day of the year it which it was produced. (Ex: LOT #17032 means our taffy was produced in 2017 and the day is February 1, or the 32nd day of the year). Product is generally deemed good for sale and consumption one year from the printed Lot code date under proper storage conditions and is only verifiable by the manufacturer if it is kept in its original packaging from the factory.

Taffy Town Reseller Policy

To all our valued wholesale customers and distributors:

Taffy Town places high value on relationships we have developed over many years in business. To maintain the integrity of Taffy Town’s product and brand, we are actively managing how our brand is represented and sold according to the following Reseller Sales Policy.

Taffy Town, Inc hereby adopts this Taffy Town Reseller Policy to protect its trademarks, service marks, certification marks, logos, and copyrighted material and prevent consumer confusion. Taffy Town requires that each authorized person or entity (a “Reseller”) that purchases Taffy Town products (the “Products”) for resale or other distribution to agree to comply with this Policy. Any unauthorized or improper use of Taffy Town ’s trademarks may constitute infringement and unfair competition in violation of federal, state, and international laws. If you are an authorized Taffy Town Reseller, please consult your Taffy Town agreement for specific additional requirements applicable to your use of Taffy Town’s trademarks. Reseller may use Taffy Town trademarks (but not logos or taglines) to identify Taffy Town products, services, and programs on packaging, promotional, and advertising materials, provided Reseller complies with the following guidelines:

1. Reseller may not include any Taffy Town trademark in its company name, product or service name, or domain name.
2. Unless Reseller is licensed by Taffy Town under a separate licensing agreement, Reseller will not use Taffy Town logos.
3. Reseller’s company or product name may not be confusingly similar to any Taffy Town trademark and Reseller may not use
Taffy Town trademarks in any manner that directly or indirectly implies Taffy Town sponsorship, affiliation, certification, approval, or endorsement of Reseller or its products.
4. Reseller may not shorten, abbreviate, or modify any Taffy Town trademark.
5. Reseller should include the following trademark attribution statement when it uses Taffy Town trademarks: “Taffy Town,
Sassy Taffy and other slogans used are trademarks of Taffy Town.”
6. Reseller shall sell Products in their original packaging and may not remove or modify any labels, specifications, images, advertising and/or any other content related to the Products.
2. No Resale on Online Marketplaces. Resellers may not advertise or sell the Products on any third-party online marketplace or to any distributors or resellers for further sale or distribution on any third-party online marketplace without Taffy Town’s written consent.
3. Compliance with Taffy Town’s Policies. The reseller is required to comply with Taffy Town’s Minimum Advertised Pricing Policy (“MAP”) Policy that exists or may exist, business practices or Taffy Town’s warranty.
4. Copyrights. Use of Taffy Town’s copyrighted material is strictly prohibited without prior approval from Taffy Town. Such materials include, but are not limited to, content and text displayed on Taffy Town’s website, mobile applications, or other documentation, photographs, diagrams, videos, images, and sound clips. If authorized, Reseller’s use of Taffy Town’s copyrighted material must be accompanied by Taffy Town’s copyright notice.
5. Handling and Storage. Reseller agrees to handle and store the Products in a safe manner and comply with Taffy Town storage and handling guidelines.
6. Reporting of Unauthorized Resellers. If Reseller obtains information, or reasonably suspects, that any person is purchasing and reselling or distributing Products without Taffy Town authorization, Reseller shall promptly notify Taffy Town and provide any known company and/or contact information of the Unauthorized Reseller.
7. Support of Manufacturer’s Warranty. Reseller must comply with Taffy Town warranty and customer support obligations and initiatives that may presently exist or be updated in the future.
This Policy is incorporated into any contract entered between Taffy Town and Reseller with respect to Reseller’s purchase or sale of the Products. In the event of a conflict between the applicable agreement and this Policy, the terms of the agreement will control. Taffy Town may amend this Policy at any time. Taffy Town reserves the right to prohibit any use of its trademarks that Taffy Town, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder.
By initialing receipt in our account application under acknowledgement of our reseller policy, the reseller acknowledges receipt of the terms and conditions of the Taffy Town Reseller Policy, including Taffy Town’s right to discontinue doing business with any reseller that violate this Brand Protection Policy. In addition, the reseller acknowledges the prohibition of engaging in the international sales of Taffy Town products. Approved resellers are authorized to sell Taffy Town products to end-consumers only within the United States and Canada.
Should you disregard this notice, your account will be subject to termination.

Respectfully,

Derek Glade
Vice President
Taffy Town, Inc.