I certify that the above information is truthful and correct to the best of my knowledge. Presentation of false/incorrect information entitles Fish Racing Distribution to revoke any and all credit terms granted at any time. Fish Racing Distribution will charge 15% APR on all past due invoices, according to the credit terms granted. I agree to pay all reasonable attorney fees, court costs, and/or collection charges associated with the late payment of this account.
Complete terms and conditions can be found at www.fishracingdistribution.com, by signing below, I indicate that I have read, understand, and agree to Fish Racing Distribution’s terms and conditions. Additionally, I understand that unless it is explicitly stated otherwise, all products sold by Fish Racing Distribution, Inc. are designated race only and are solely for competition/off-road use limited to racing formally sanctioned by a recognized racing organization. Any other use, including recreational off-road use, may be in violation of local, state, and federal laws. Fish Racing Distribution does not implicitly or explicitly confirm the legality of using any products it sells on public roads; that is entirely the responsibility of the consumer. Fish Racing Distribution will not ship CARB restricted products into CARB restricted areas under any circumstances. By signing you agree not to ship CARB restricted products into CARB restricted areas.
Indemnification: Buyer shall defend, hold harmless, and indemnify distributor from and against all suits, claims, losses, costs and expenses, even if such claims are groundless, fraudulent or false, arising out of any actual or alleged injury or death to any person, damage to any property, or any other damage or loss, any fine or penalty, resulting in whole or in part from: (1) installation or use of any product supplied by the distributor, (2) any design or construction defect in a product supplied by the distributor, (3) or any breach of local, state, or federal laws or standards.
Title Transfer: All orders are free on-board shipping point, also known as FOB origin. Once goods have arrived at Fish Racing Distribution’s shipping dock, inside its distribution center, legal title of product passes from Seller to the Buyer. Therefore, all product sales occur in the state in which Fish Racing Distribution’s shipping dock is located. In all cases, the buyer is responsible for the goods during delivery.
Sales Tax: Due to Economic Nexus and Marketplace Facilitator legislation, this statement clarifies sales tax collection responsibility and the intentions of the parties involved. The Seller may have established economic nexus in various states; therefore, the Buyer will assume the Seller has crossed the economic nexus threshold and will collect and remit sales tax to the appropriate authorities for each state or jurisdiction in which the Buyer directs the distributor to ship into. Buyer is purchasing products strictly for resale purposes, rendering these transactions wholesale transactions, for which the distributor is exempt from collecting sales tax from the Buyer. Distributor has requested Buyer provide all relevant documentation that certify Buyer as a business permitted to resell property under the laws of the respective state(s) and Buyer has provided same, where available. Distributor has requested Buyer provide all relevant Sales Tax documentation that register Buyer under the Tax laws of the respective state(s) and Buyer has provided same, for all states in which they have registered. The Buyer represents to the Distributor that the Buyer will only direct the Distributor to ship product to states in which it is registered to collect and remit sales tax or the transaction has come from a Marketplace Facilitator, and therefore, sales tax will be collected and remitted by the Marketplace Facilitator. The above representations are made to establish that all sales from the Distributor, Fish Racing Distribution, to the Buyer, are strictly for resale purposes and the Buyer knowingly assumes all sales tax liability and all responsibility for sales tax collection where applicable within each specific state.
Compliance & Screening: Fish Racing Distribution must comply with the sanctions and export controls, and all other applicable laws and government regulations maintained by the United States Treasury Department's Office of Foreign Assets Control (OFAC), U.S. Department Bureau of Industry and Security. As a result, all Dealers of Fish Racing Distribution must also comply with applicable laws and regulations governing economic sanctions and export controls, which includes OFAC sanctions, and agree to not cause Fish Racing Distribution to violate these regulations. Goods purchased from Fish Racing Distribution, Inc. may not be used for or on behalf of a party located in any sanctioned countries or regions. In addition, goods purchased from Fish Racing Distribution, Inc. are not authorized for any entities or individuals that are restricted under applicable trade sanctions and export compliance laws. Goods purchased from Fish Racing Distribution, Inc. are not authorized for entities or individuals owned or controlled by, acting for or on behalf of, such restricted entities or individuals.
Fish Racing Distribution is partnered with a third-party screening agency engaged in detecting and preventing crime, including but without limitation to money laundering, fraud, sanctions breaches, bribery, and corruption. All Dealers are screened at initial engagement and will be regularly screened thereafter. Fish Racing Distribution protects Dealer Data and ensures that all Data and Material collected through screenings are kept secure and confidential. Fish Racing Distribution reserves the right to make business decisions based on the information learned through this screening process to remain in compliance.