MSD Terms & Conditions
Mountain Sports Distribution is the exclusive distributor of Highmark by Snowpulse and Mountain Lab products within North America, and the Canadian distributor of 509, Seven, TOBE, Fox Shocks, Skinz Protective Gear, CFR, Mammut Avalanche Safety Gear, FLY Racing, Highway 21 and Mountain Sledder Magazine. The following terms and conditions must be agreed upon in order to be a dealer of any of these brands. These conditions have been developed to ensure that all dealers make a profit from selling these products. Failure to comply with the terms and conditions detailed below may result in the loss of dealership privileges.
- Dealers are responsible for all freight charges unless otherwise stated or negotiated.
- Unless it is requested by the customer, MSD orders will ship without insurance. Shipments that have left MSD’s warehouse are no longer the responsibility of MSD. If you would like your shipments to have insurance coverage, please indicate it when placing your order.
- If a retailer intends to ship a Highmark or Mammut full canister to a customer, they must go through proper training and ship the package as dangerous goods. The package must contain all of the proper labeling, and the shipping agency must be informed that they are shipping a dangerous good. This is to protect you as a retailer, should an incident occur. If you wish to ship a full canister, please contact us for specific instructions.
- Shipping fees will be charged on the invoice. Fees apply to ship collect.
- A dealer can ship an order to a different address, directly to their client.
- Dropship fees apply to ship to any other address other than the dealership.
- A $4.99 fee (on top of regular shipping costs) will be applied to all dropship orders. That fee is waived for dealers that have made a booking over $20 000.*
- Shipping costs are the best rate available at the time of shipping; the 15$ shipping flat rate does not apply to dropship orders.
- NO returns will be accepted on dropship orders other than defective items.
- Please write DROPSHIP in the memo section of your order so MSD can take the appropriate measure to have it out of the warehouse in a timely matter.
- *Policy as of February, 2021
- Mountain Sports Distribution will ship booking orders within two weeks of the requested ship date.
- In-season orders will be a 48-hour turnaround.
- Backorders will ship automatically unless canceled in writing.
- Fees apply to any order that is requested to be prioritized.
- Mountain Sports Distribution warehouses will always shop for the lowest cost carrier method. A packing slip will be included with the shipment and invoices will be emailed to the dealers including tracking numbers.
- Any discrepancies must be reported within 7 days of receiving the product.
- Net-30 Terms will be applied on all In-Season orders for dealers with approved credit.
- Customers currently on pre-pay terms (credit card) will be required to apply and be approved for credit in order to qualify for pre-season payment terms.
- Dealers on pre-pay terms will be notified by e-mail prior to their booking order shipment.
- Invoices past due date will incur a 3% Late Fee. An additional 3% will be applied for every month the bill goes unpaid.
- Invoices past due date forfeit all discounts and free shipping. Applicable shipping charges will be added to your invoice.
- Errant accounts will be placed back on credit card terms. We reserve the right not to ship any orders for accounts with outstanding balances.
- MSD accepts cheque, on-line payment or credit card (Visa or MasterCard). Credit card payments are not available for dealers on terms.
- Prior to approval for credit terms, the standard policy is 100% prepayment prior to any shipments of orders.
- We encourage dealers to pay directly, using online banking (search for Mountain Sports Distribution as a payee with all major banks). You will need to know your Customer Number to make a payment. If you don’t know your customer number contact us. A member of our team would be happy to provide it to you.
- Net-30 Terms will be applied on all In-Season orders for dealers with approved credit.
GENERAL PRE-SEASON TERMS
Discounts and terms will be forfeited for pre-season orders with revisions or cancellations exceeding 10% of the total order.
- Dealer must be up-to-date on accounts in order to qualify for any booking offer or in-season discounts.
- In order to submit a pre-season booking, MSD must have a current Dealer Application and Credit Card on file.
- All pre-season orders will ship within 2 weeks of set PO date.
- MSD is happy to provide free banners to dealers. Please note that we do not provide banners for brands that you do not carry. MSD reserves the right to limit the number of logo banners on your order. Additional banners and POP material are available for purchase.
- If you would like a custom sized banner (i.e. for a fence or building top), we will happily work with you to have one created. Please contact us regarding this. Please note that standard shipping rates will apply to POP materials.
- 509, Highmark, Seven, Fly Racing Gear, BaroCook & Mountain Lab. These claims are processed directly by MSD. Please visit the Dealer Warranty Page. Fill out the form with as much information as possible and MSD will respond with an RA number to address the issue and process the warranty claim
- Skinz, Cheetah Factory Racing, Tobe, Fox & Mammut. These claims are processed by the manufacturer. Please contact the individual manufacturer directly to process your warranty claim. If you require contact information, MSD will provide it to you.
MAP – OFFICIAL POLICY AND GUIDELINES
- Mountain Sports Distribution reserves the right, in its unilateral discretion, to take action with respect to any reseller that violates this MAP Policy. The MAP Policy will be enforced by Mountain Sports Distribution in its sole discretion.
- All products listed will have an MSRP retail price. Listing a price other than the MSRP retail price next to the in any advertising will be viewed as a violation of this MAP Policy. This MAP Policy applies to all advertisement of MAP Products in any and all media, including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines catalogues, mail order catalogues, internet or similar electronic media including websites, forums, email newsletters, email solicitations, television, radio, and public signage.
- The MSRP of all products must be adhered to until advised by MSD.
- MSD will occasionally provide lists of SKUs that are released from MAP. These products can be released from MAP on the date stated by MSD and sold at a price of the dealers’ choosing.
- MSD may authorize a clearly defined “MAP Holiday,” where the MAP is temporarily suspended. MSD will provide at minimum a 48-hour advance warning of any MAP Holiday to dealers. MSD will clearly state start and end times of sale, including date, time and time zone. MSD will define maximum discount percentage and all other conditions of sale
- Any product which is non-current and being advertised at a discount must include the word “non- current” or “discontinued” in the advertising.
- During Consumer Trade Shows, MSD may provide special pricing to all dealers. This pricing will be consistent for all dealers. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.
- MSD’s MAP policy does not in any way limit the ability of any dealer to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.
- MAP applies only to advertised prices and does not apply to the price at which the products are sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone. MSD dealers and sales representatives remain free to sell these products at any price they choose.
- MSD does not restrict dealers’ ability to offer free shipping, or other incentives on the purchase of products as long as those incentives are not advertised as discounts against MSRP. Offers such as “Buy one get one free”, or “Buy an MSD product and get another MSD product free” (or at a discount) is strictly forbidden.
- MAP does not establish maximum advertised prices. All dealers and sales representatives may offer MSD products at any price in excess of the MAP.
Violation of MAP Policy.
Upon the first violation, MSD will issue a written notice of violation to the Dealer and will give the Dealer an opportunity to remove any price advertising that violates this policy.
- Upon a second violation, a second written notice will be issued, and the Dealer’s right to purchase MSD products will automatically be suspended for a period of 60 days after the date of second notice.
- Upon a third violation, a third written notice will be issued and, in MSD’s sole discretion, the Dealer’s right to purchase MSD products will automatically be suspended for a period to be determined by MSD.