Legal Notice

Exclusive Distribution Policy Notice

 

We strive to maintain the value of the Bass Brushes brand name and products to ensure fair competition for our seller network. As such we have an Exclusive Distribution Policy in place. Only authorized sellers are permitted to conduct sales of Bass Brushes products in any defined geographic territory or online and/or on any e-commerce platform, including but not limited to amazon.com. These agreements are put in place to protect the brand’s goodwill and reputation by ensuring that customers receive products which are properly stored, sold, shipped and distributed pursuant to our strict standards.

 

In order to protect customers and consumers our warranty is only applicable to products purchased from an authorized seller. The manufacturer's warranty we provide is an indivisible albeit non-physical attribute of our products and since the warranty is not honored when purchased or sold through an unauthorized seller the goods are considered materially different. This has been upheld by numerous court decisions.

(1)Beltronics USA Inc. v. Midwest Inventory Distribution LLC, 562 F.3d 1067, 1072 (10th Cir. 2009) (quoting Davidoff & CIE, S.A. v. PLD International Corp., 263 F.3d 1297, 1302 (11th Cir. 2001)).

(2)See SKF United States Inc. v. ITC, 423 F.3d 1307 (Fed. Cir. 2005) (holding that differences in post-sale services can be material); Beltronics USA, 562 F.3d at 1073 (holding that warranties and service commitments can constitute material differences).

(3)See e.g., Shell Oil Co. v. Commercial Petroleum Inc., 928 F.2d 104, `07 (4th Cir. 1991) (“A product is not truly genuine unless it is manufactured and distributed under the quality controls established by the manufacturer.”)

 

Therefore, the unauthorized sale of our products can amount to intellectual property infringement, as customers purchasing from unauthorized sellers may receive inferior products that are materially different.

Bass Brushes has a zero tolerance enforcement policy on these matters. 

To get information on becoming an authorized retailer click here:

An authorized distributor must:

1. Obtain Permission.

2. Adhere to Minimum Advertised Pricing (MAP) described below.

3. Adhere to Restricted Market Policy described below.

4. Use only authorized marketing material provided or approved by Bass Brushes.

Pricing and Restricted Market Policy Notice

 

Pricing

 

Our pricing model has been established to ensure that end users of Bass Brushes (“Bass”) products receive high quality products and excellent customers service from their point of purchase.

 

Effective January 01, 2017 a Minimum Advertised Price (“MAP”) shall be in effect on all products purchased from Bass Brushes. International resellers must reflect pricing as translated into their local currency. To sell Bass products, you will need to agree and abide by the following requirements and restrictions.

 

1. All parties in compliance with this agreement must obtain and use authorized marketing material directly from Bass Brushes. Alterations and customizations must be discussed and approved by Bass Brushes. Unauthorized use of materials will be considered a violation of this agreement. Materials include, but are not limited to images, layouts, descriptions, names, and headlines.

 

2. All Bass products must not be listed below the Suggested Retail Price (“SRP”) on any online retailer, store, or website.

 

3. All parties in compliance with this agreement must disclose all businesses through which customer distributes Bass products online. This includes all trade names through which Bass products are distributed direct to consumers online.

 

4. If a party wishes to discount by offering promotions such as QR code, coupon, direct email, or any other method or “Special Offer,” the party must also show the original listing price or SRP. It must be clear to the customer that the discounted price is special and limited. There are no other restrictions on promotions.

 

5. On E-Bay or other auction websites, “Buy it Now,” “Reserve” or the opening bid must be at or above the MAP.

 

6. This policy applies to all advertisements of Bass products in any and all media, including, but not limited to: flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations,

7. Internet or similar electronic media, television, radio, and public signage in which the intended sale portal is online.

 

8. The inclusion in advertising of discounted Bass products is contrary to the policy if it has the effect of discounting the advertised price of the product below the MAP in instances where the policy is in effect.

 

9. This policy does not establish maximum pricing. All retailers may offer Bass products at any price in excess of the MAP.

 

10. This policy does not preclude any retailer from giving Bass products away for free. As such, it is permissible to advertise a buy one, get one free offer or any other offer where a Bass product is given away without charge.

 

11. This policy does not in any way limit the ability of any brick and mortar store to advertise that “they have the lowest prices” or that they “will meet or beat any competitor’s price,” or similar phrases.

 

12. Intentional or repeated failure to abide by this policy will result in termination of the wholesale account. It is Bass’s sole discretion to provide or not to provide prior notice or issue warnings before taking any action under this policy.

 

13. Upon a party’s non-compliance with this policy, that party shall pay to Bass a cumulative total for all orders placed, such total based on the difference between the retail list price and the customer’s discounted price for each product. Party shall provide all relevant information needed for Bass to verify this cumulative total payment.

 

14. From time to time, Bass may provide explicit, written exceptions to this policy.

Bass Brushes Limited Warranty

 

Subject to the terms and conditions of this Warranty, Bass Ultra Fine Brushes (Bass Brushes) warrants to the consumer or the entity who or which is the initial purchaser or, in the case of a gift, to the initial consumer recipient of this Bass Brushes product that such product will be manufactured free from defects in workmanship and materials under normal use and conditions (as described below) for 12 months after the date of purchase, (the “Coverage Period”).

 

Warranty: This Warranty covers: (a) all parts of this product (except as noted below) and (b) defects in workmanship or materials under normal use and conditions in the United States of America.

 

Remedy: For each product or part determined by Bass Brushes to be defective or to have failed under the use and conditions covered by this Warranty and within the Coverage Period, Bass Brushes agrees to correct by repair or replacement, at its option (with same or comparable quality model), any such defects; provided, however, that you will be responsible for all shipping and transportation costs in connection with transporting the relevant product to Bass Brushes. In the event of such defect or failure of any such product or part, the foregoing will be your exclusive remedy.

 

Limitations/Exclusions: This Warranty is in lieu of all other express warranties, obligations or liabilities. This document constitutes the only warranty made by Bass Brushes with respect to its products and replaces all previous warranties and is the only warranty made by Bass Brushes. No increase or alteration, written or verbal, of the obligation of this warranty is authorized. ALL IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES INCLUDING, BUT NOT LIMITED TO, EACH IMPLIED WARRANTY OF MERCHANTABILITY, SHALL BE LIMITED IN DURATION TO THE COVERAGE PERIOD. EACH ACTION FOR BREACH OF WARRANTY HEREUNDER, INCLUDING BUT NOT LIMITED TO, BREACH OF AN IMPLIED WARRANTY OF  MERCHANABILITY, MUST BE BROUGHT WITHIN THE COVERAGE PERIOD. IN NO CASE SHALL BASS BRUSHES BE LIABLE FOR ANY OR ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

 

THE WARRANTY IS VOID IF THE BRUSH HAS BEEN ALTERED, ABUSED, MISUSED, DAMAGED BY ACCIDENT, DAMAGED BY UNAUTHORIZED ADJUSTMENT AND/OR REPAIR, OR DAMAGED BY FAILURE TO PROVIDE REASONABLE AND NECESSARY CARE. THIS WARRANTY DOES NOT APPLY TO DAMAGE FROM SHIPPING, OR NORMAL WEAR OF ANY PARTS, INCLUDING PINS, WOOD, RUBBER, OR OTHER MATERIALS SURFACE FINISH.

 

The terms of this Warranty cannot be changed except in writing by an officer of Bass Brushes. Wholesalers and dealers are not authorized to make any warranty adjustments on behalf of Bass Brushes. No agent, representative, reseller or employee of Bass Brushes has the authority to increase or alter the obligations of this Warranty.

 

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

 

Warranty Service: To make a claim, the consumer must directly contact Bass Brushes or the Authorized Distributor from which the item was purchased. Warranty claims are valid only if the original Product is accompanied with the adequate original purchase document provided by Bass Brushes or a Bass Brushes Authorized Distributor at the time of purchase. Bass Brushes shall replace or repair, at Bass Brushes' discretion, each item returned to Bass Brushes by only the initial consumer or by its authorized Distributor and acknowledged by Bass Brushes to be defective, provided that such item shall have been returned to Bass Brushes with all charges prepaid and the consumer or Authorized Distributor has completed Bass Brushes' Return Authorization form, giving full details of the defect, stating date of purchase and distributor from whom the product was purchased.

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LEGAL NOTICE

Bass Brushes   |   Las Vegas, NV USA   |   800.742.4736   |   info@bassbrushes.com

Bass Brushes is a registered trademark of The Hair Doc Company / Bass Brushes, Inc.

Green Brush, Fusion Brush, ECO-FLEX, & BIO-FLEX  are registered trademarks of

The Hair Doc Company / Bass Brushes, Inc.

(C) 2019 Bass Brushes, ALL RIGHTS RESERVED

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