www.atlasusa.net NEW DEALER APPLICATION SECTION 1: INSTRUCTIONS Atlas International utilizes this reseller application in determining the capabilities of your organization. We look at your ability to successfully market and support Atlas International products. Please follow the instructions for each section. If you have questions about the application don’t hesitate to contact us. Please fill out and return this sheet. Atlas International Dealer Support Direct # (714) 622-1565 Atlas International Account Rep Name (if available): Norton Nguyen SECTION 2: GENERAL INFORMATION Company Name: Address: City: State: Zip: Other Locations: Country: USA Phone Number: Email: Fax: Web Site: Federal Tax ID # Seller Permit #: (please submit a copy with this application) SECTION 3: CONTACT INFORMATION Purchasing Contact: E-mail: Phone: Accounting Contact: E-mail: Phone: Atlas International 500 W. Warner Avenue, Suite A Santa Ana, CA 92707 Page 1 SECTION 4: BILLING INFORMATION Billing Contact Person: E-mail: Phone: Billing Address: City: State: Zip: SECTION 5: BUSINESS INFORMATION Type of Business: Partnership Number of Years in Business: Sole Owner LLC Corporation Year Incorporated: Company Principals: Name: E-mail: Phone: Name: E-mail: Phone: Name: E-mail: Phone: Tell us a little about your business type and customers: Number of Employees: Number of Sales Reps: Type of products sold: Brand names you currently carry (showers, tubs, range hoods, vanities, etc.): Do you have a showroom: NO Number of showrooms: Sq. Ft. (each) Annual Sales Volume (in USD): 0-100K 100K-250K 250K-500K 500K-1M How did you hear about us? Atlas International 500 W. Warner Avenue, Suite A Santa Ana, CA 92707 Page 2 _______________ ___ ________ 1M+ Atlas International Dealer Terms & Conditions Atlas International 500 W. Warner Avenue, Suite A Santa Ana, CA 92707 Page 3 TERMS A Dealer Credit Application must be completed to be approved for credit terms. All invoice terms for items purchased on credit are NET 7 days from date of invoice unless otherwise specified. Fee of $30.00 shall be charged on all returned checks, and dealer agrees to pay all costs of invoice collections and any reasonable attorney fees. RETURNS Dealer understands that there is a minimum of 15% restocking fee on all returned goods and that a written Returned Merchandise Authorization (RMA) is required from Atlas International in order to credit any returns. Also, any custom manufactured items may not be cancelled or returned to Atlas International. Product returns are not allowed after 30 days from purchase. If an item is refused when delivered by a commercial shipping company for any reason other than damaged merchandise or shipping error by us, the item shall be treated as a return and a 15% restocking fee will be applied. Also, an additional charge of 10% and any additional freight carriers can and may be charged. FREIGHT Visible Loss or Damage Any external evidence of loss or damage that occurred during transit is considered visible loss or damage and must be noted on the bill of lading and signed by the carrier's agent (driver). Failure to adequately describe the visible loss or damage could result in the carrier delaying or refusing to honor the freight claim. If your client is not given enough time by the freight driver to fully inspect all items or there is any doubt that the items are not damaged - the client should note “SUBJECT TO INSPECTION” on the delivery receipt. Concealed Loss or Damage Any damage that occurred during transit that was not visible at the time of delivery is considered concealed loss or damage. Due to rough handling in transit it is possible to damage the contents of a box without damaging the outside of the box. If such a situation occurs it is important to contact Atlas International immediately for instructions on how to handle the claim. If a claim is to be filed it is important to save the box or any other delivered container that the damaged merchandise arrived in. Your client must open all received boxes and inspect products for concealed damage within 3 business days of delivery. Additional Freight Charges Please note that any additional freight carrier's fees such as re-delivery, special notification, inside delivery or any other freight carrier's additional services are the responsibility of the dealer and/or dealer's client (unless otherwise noted on your order).If such services are requested by dealer or customer from the freight carrier and billed to Atlas International, all such fees shall then be re-billed to dealer. If the freight carrier is unable to deliver the freight due to problems with contacting dealer and/or client or setting up delivery appointments, storage fees may be assessed by the carrier - in such case all storage fees are the responsibility of the dealer and shall be billed to the dealer. PRICES Dealers are provided with a Minimum Advertised Price (MAP) or “Lowest Published Price” for all Atlas International products. Dealers are required to maintain such minimum price for any Atlas International 500 W. Warner Avenue, Suite A Santa Ana, CA 92707 Page 4 print or internet advertising, but may sell the products at any price. All orders shipped will be priced according to prevailing prices at the time of shipment. All product prices are subject to change. ONE YEAR WARRANTY LIMITED TO PARTS This warranty extends only to the original owner / end-user for personal household use only. For commercial uses, additional limitations may apply. Atlas International warrants steam showers, range hoods, tubs, toilets, and vanities to be free from defects in workmanship and materials under normal use and service for a period of one (1) year. Atlas International will, at its election, repair, replace, or make appropriate adjustment where Atlas International optional inspection discloses any such defects occurring in normal usage within the warranty periods. Please note that Atlas International is not responsible for installation or removal costs. Improper modification of any products may void the warranty. This warranty does not cover any claim arising from abuse, misuse, negligence, accident, improper installation or operations on the part of the purchaser. This warranty is void if the Atlas International product is subject to alterations, or if repairs are attempted by anyone other than an authorized agent of Atlas International. This warranty does not extend to any plumbing or components installed by dealers, installers, or by any party other than Atlas International. Implied warranties, including that of merchant ability or fitness for a particular purpose, are expressly limited in duration to the duration of this warranty. Atlas International disclaims any liability for special, incidental, or consequential damages. PRODUCT LIMITATION OF LIABILITY Atlas International shall not, under any circumstances, be liable for special or consequent damages, such as, but not limited to, (1) damage to or loss of other property or equipment, (2) loss of profits, revenue or reputation, (3) cost of replacement goods, (4) cost of storage, handling and/or care of damaged, defective or nonconforming goods or (5) claims of buyer’s customer or service interruptions. Atlas International is not responsible for any additional parts or equipment required for the installation or use of any of its products or merchandise, such as plumbing supply requirements (elbow joints, valves, pipes, etc). Atlas International is not responsible for the installation of any of its products or merchandise. The liability of Atlas International arising out of or related in any way to the sale, delivery, resale, installation or use of the goods sold by or furnished by Atlas International, whether arising out of contract, negligence, strict tort, or any warranty or otherwise, shall not exceed the price of the specific goods upon which liability is to be based. Buyer’s remedies for any breech of this agreement by Atlas International, or with respect to Atlas International’s liability under this agreement shall be limited to either Atlas International’s choice of any of the following: (1) the repair of the goods, (2) the replacement of the goods, (3) the return of the goods in question to Atlas International and the return to the buyer of any consideration paid to Atlas International for said goods. PRODUCT CHANGES We reserve the right to discontinue, alter, modify, or redesign products at any time. AUTHORIZATION We have read the Atlas International Dealer Terms and Conditions and our company agrees to be bound by such Terms and Conditions in order to remain an active Atlas International dealer. In Atlas International 500 W. Warner Avenue, Suite A Santa Ana, CA 92707 Page 5 any advertising of Atlas International products we will follow the Minimum Advertised Price (MAP) policies and shall use Atlas International logos and names with any such products being advertised. We agree that should any conflict arise in our relationship with Atlas International Inc that may require legal action, it shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. Authorized Signature Print Name / Title Date Official Requirements to be Submitted: 1. Copy of Business License / Seller’s Permit 2. Proof of Business Billing Address Email or Fax back to: Norton@atlasusa.net Fax: (714) 622-1559 Atlas International 500 W. Warner Avenue, Suite A Santa Ana, CA 92707 Page 6