Terms and Conditions
The B & F website is operated by B & F System, Inc. 3920 South Walton Walker, Dallas Texas 76236.
Items Of Note
Wholesale prices are FOB shipping point. Freight is the responsibility of the customer. Title changes hands when the buyer receives the merchandise at his location.
Knife laws vary. Please check with your local law enforcement agency for the laws in your area.
Prices are subject to change without notice. We reserve the right to correct typographical and printing errors.
Acceptance of terms of use
These Terms and other applicable conditions and notices contained herein govern your use of the B & F System, Inc. service and website. These Terms of Use are an ongoing contract between you and B & F System, Inc. and apply to your use of the B & F System, Inc. service and website. These Terms of Use affect your rights and you should read them carefully.
Fees and cancellations
Reseller agrees to pay additional fees for orders that require special handling, it is below our minimum order amount, as follows:
- i) Minimum Order Fee There is a $2.00 handling fee on orders under $100 placed online. Customer needs to: 1) Place order on the web. 2) Receive invoices electronically. 3) Ship on B&Fs UPS account. There is a $4.00 handling fee for orders under $100 placed by phone, fax or e-mail.
- ii) Express Shipping To guarantee shipment the same day you place your order, there is a $10.00 express fee. Orders must be received by 12 Noon CDT/CST (Central Daylight/Standard Time). To ship the next business day, there is a $5.00 express fee. Orders must be received by 3:00pm C.S.T. Orders placed after 5:00pm C.S.T. on normal business days will be considered received the following business day.
- iii) Cancellation Fee Many orders are shipped the same day they are received, and if the customer requests the order to be cancelled, special action must be taken to stop the order. A fee of $10.00 will be billed to your account if you have terms with us. If you do not have terms you will have to provide payment via credit card. If a order has already left the building and not been delivered to the end user, and we have to contact the carrier to attempt to stop the order the cancellation fee is $25.00
Representation
Reseller may not authorize or appoint any dealers, sub-resellers, agents, representatives, subcontractors.
Pricing
We reserve the right to change prices at any time for any reason. We are not responsible for typographical errors or misprinted pricing in our catalog or other advertising. Members should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing. B & F System, Inc .has no control over any supplier's pricing policies and therefore cannot guarantee any item will remain any particular price for any period of time.
Initial Order - Effective 7/1/2019.
Newly approved dealer have 30 days to place their first order, or make other arrangements with accounting. After 30 days without your initial order, your account will be disabled.
Online Marketplaces - Effective 6/1/2019.
Resellers are prohibited from selling our products directly to any online marketplace that offers a first person selling option. This means that you cannot sell our products directly to EBAY, AMAZON or any other marketplace where that marketplace is the final online seller of our items. If you are selling on a online marketplace, you have to represent yourself as the seller of our items.
AMAZON Fulfillment - Effective 6/1/2019.
If you are selling on the Amazon FBA platform, orders must be placed on our specific web site designed to facilitate the Amazon FBA platform. Contact customer service and they can assist you in migrating your account to the FBA fulfillment system.
Brand Representation - Effective 6/1/2019.
Our brands MUST be represented as there assigned brands on online marketplaces. You are not allowed to represent our products as your brand, or manufactured by you. All brand names must be published correctly, and the manufacturer must be listed as Maxam.
Marketplace Resellers - Effective 10/10/2019.
We are currently not accepting new dealers for the Amazon or WalMart marketplace, please check back later to see if some space has become available in those programs.
Limitations of Liability
The B&F System, Inc. is referred to as B&F System. B&F System's entire liability and your exclusive remedy with respect to use of the B&F System web site and any components of the B&F System web site, as well as B&F System, Inc.'s liability to you for breach of the General Terms of Service are limited solely to the amounts you have paid to B&F System for the use of the web site and for refund or replacement of any product returned by you. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, B&F System's liability is limited to the extent permitted by law.
In no event shall B&F System, its parent companies, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its contractors or their respective agents or employees be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorneys' fees or any direct, indirect, special punitive, incidental, exemplary or consequential damages, (or any kind of damages whatsoever). This applies even if B&F System has been advised of the possibility of such damages; whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery; arising out of or in connection with the use, inability to use, or performance of the information, merchandise, and materials available from The B&F System web site, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through The B&F System web site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of your account, whether for breach of contract, negligence or under any other cause of action. In the event B&F System is found liable under any circumstance under the terms of this agreement, B&F System's liability shall be limited to the replacement or refund for any product or service purchased from us and the replacement or refund for product will be made after the return of the product to B&F System.
Electronic communications
By using the B & F System, Inc. service, you consent to receiving electronic, phone, and mail communications from the B & F System, Inc. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with B & F System, Inc. and you are entitled to receive them as part of the B & F System, Inc. subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Copyright
All content included on the B & F System, Inc. website and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of B & F System, Inc, or its members and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the B & F System, Inc, and protected by U.S. and international copyright laws. Content should not be reproduced or used without express written permission from the B & F System, Inc., or its suppliers. The B & F System, Inc. reserves the right to terminate your membership hereunder if the B & F System, Inc, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content
Account access & identity protection.
In order to provide you with ease of access to your account, B & F System, Inc. will place a cookie (a small text file) on any computer from which you access the B & F System, Inc. website. When you revisit the B & F System, Inc. website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the B & F System, Inc. website. If you find that you're a victim of identity theft and it involves a B & F System, Inc. account, you should notify customer service at service@bnfusa.com. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. The B & F System, Inc. reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. B & F System, Inc. is not obligated to credit or discount a membership for holds placed on the account by either a representative of the B & F System, Inc. or by the automated processes of the B & F System, Inc.
Payment obligations.
The member understands that a valid form of payment must accompany all orders. Upon account creation, an order of at least $100 is required for your first order. After your initial order, there is no set minimum order amount.
Shipping and handling
There is no handling fee on orders $100 and over. There is a $2.00 handling fee on orders under $100 placed online. Customer needs to: 1) Place order on the web. 2) Receive invoices electronically. 3) Ship on B&F's UPS account. There is a $4.00 handling fee for orders under $100 placed by phone, fax or e-mail.
We Ship Fast and Faster
Many orders are shipped the same day they are received. Our goal is to ship all orders by the second business day, however, if you need something quicker and guaranteed, express fees are available.
To ship the same day you place your order, there is a $10.00 express fee. Orders must be received by 12 Noon C.S.T. (Central Standard Time). To ship the next business day, there is a $5.00 express fee. Orders must be received by 3:00pm C.S.T. Orders placed after 3:00pm C.S.T. on normal business days will be considered received the following business day.
When placing your order online, please mark the appropriate box to indicate your express fee. Please also indicate your express fee on fax, phone and email order.
Note: Due to Proposition 65 compliance issues, orders shipping to California require special labeling and require a additional 3-4 days to ship. Orders shipping to California require additional labeling and can take 3 to 4 days to ship.
After an order ships we cannot change the destination address. After an order is placed, we cannot modify the order. Any changes to orders after being placed are subject to additional fees.
Order changes
Generally, the members should assume that once an order is placed, it cannot be changed in any way. By cancelling a order, the reseller agrees to pay cancellation fee’s that can be found in the “Fees and Cancellation Policy” section
Taxes
As a client of the B & F System, Inc., you understand that you are absolutely independent entity from the B & F System, Inc.. You are responsible to pay taxes to state, federal or local authorities in accordance with any and all applicable laws. This tax responsibility includes collecting and remitting all appropriate sales taxes to state and local authorities.
Legal recourse
Your and B & F System, Inc. agree that the laws of the State of Texas and Dallas County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and B & F System, Inc. relating in any way to the B & F System, Inc. service or website or these Terms. You and the B & F System, Inc. expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney's fees and court costs.
Furthermore the customer agrees that before any legal action of any kind is filed against B&F System, Inc, it's affiliates or associates that legal and binding arbitration will be sought.
Confidentiality
Reseller understands that all information provided by the B & F System, Inc. is confidential and proprietary to B & F System, Inc. and must be used by reseller according to the terms of this agreement. Reseller agrees to not provide any confidential or proprietary information received from B & F System, Inc. to any business entity that may compete with the B & F System, Inc. Any violation of confidentiality is grounds for immediate termination.
Confidential Information
Resellers are prohibited from disclosing to third parties any business-related information that includes, but not limited to, pricing, product information, sales data without the prior written consent of the B & F System, inc..
Resellers are prohibited from selling/providing access to our reseller program and products to third parties without the prior written consent of the B & F System, inc..
Minimum Advertised Price (MAP)
Effective September 1, 2016, a Minimum Advertised Price (MAP) on select products will be in effect.
By not adhering to the established Minimum Advertised Price (MAP) a reseller can have a dramatic effect of diminishing or detracting from the perceived value of the B & F System, Inc. brand and its products. The internet, with its worldwide impact, has the possibility to cause great harm to any companies' products, if they are advertised at prices that will eliminate any legitimate retail competition. Our MAP pricing policy is intended for consumers to purchase from other resellers based on loyalty and customer care expectations. Therefore, if the B & F System, Inc. agrees to allow the reseller to sell its products, you will need to agree and abide by the following requirements and restrictions.
1) The MAP policy applies to all advertisements of the B & F System, Inc. products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio, and public signage.
2) The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s) outside of their store.
3) The inclusion in advertising of free or discounted products (whether made by the B & F System, Inc. or another manufacturer) with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.
4) If pricing is displayed in other than a brick and mortar retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
5) MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer's retail location or over the telephone
6) E-Bay and Other Auction Web Sites Policy:
- "Buy it Now" options must be listed at a price equal to MAP or greater.
- For auctions the reserve and/or opening bids must start at MAP without a "Buy it Now" option.
- Best Offer Auctions Are Not Allowed
7) Negotiated Contracts: From time to time it may be explicitly approved by the B & F System, Inc. in writing to sell certain B & F System, Inc. products at below MAP pricing. The discount amount and length of time will be determined at the time of this approved promotion by the B & F System, Inc.
Termination
(a) Termination without Cause.
Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party.
(b) Termination for Cause.
The B & F System, Inc. may terminate this Agreement, effective immediately upon written communication to the reseller if:
(i) the reseller materially breaches any term of this Agreement and fails to cure such breach, which is a curable breach, within ten (10) days after receipt of written notification.
(ii) the reseller materially breaches any term of this Agreement which is not capable of cure;
Effects of Termination.
Upon any termination of this Agreement: (a) Reseller shall cease to be an authorized reseller of Product and all rights and licenses granted to Reseller hereunder shall cease; (b) Reseller shall immediately: (i) cease all use and distribution of the Product; (ii) discontinue any use of the Marks; and (iii) cease to promote, solicit or procure orders for the Product. (iv) remove all B & F System, Inc. product from online marketplaces and web site a that the reseller is affiliated with.Website information
While www.bnfusa.com (hereafter the "Website") and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the Member is responsible for reading and understanding all information contained on the Website. B & F System, Inc. is not responsible for any inconvenience, loss of profit, or other complication that the Member, his or her business, or his or her customers may experience as a result of the Member's failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Member to contact and question the B & F System, Inc. customer service representatives regarding any portion of the Website that they have read but do not understand.
