The Apex Ammunition Minimum Advertised Price (MAP) policy is an agreement between all authorized retailers and Apex Ammunition to maintain the value and worth of our brands. Both Apex Ammunition and its retailers work hard to develop, market and distribute products that represent excellent value for its customers. A meaningful MAP policy also helps provide well-deserved margins for retailers of Apex Ammunition products.
MAP standards will be applied for purposes of all offers for sale of Apex Ammunition products. For the purposes of this agreement, advertisement shall refer to any presentation, offer, or solicitation for the purposes of sale of Apex products. This shall include—but not be limited to—price lists, newspaper and ads, catalogs, flyers, direct mail, signs, billboards, banners, festival events, shows, conventions and user groups. This also includes any and all forms of electronic advertising: radio, TV, facsimiles, websites, and e-mail.
I have read and agree to abide by the MAP terms set forth by Apex Ammunition.
An authorized retailer of Apex Ammunition is one who is authorized solely by Apex Ammunition to purchase and resell the Apex Ammunition line of ammunition and third-party components. By signing below, the authorized retailer agrees to be bound by the terms and conditions contained herein. Apex Ammunition reserves the right to change all prices, product specifications, and any terms and conditions of the sale herein without prior notice. Apex Ammunition hereby rejects any terms and conditions contained in purchase orders or other business forms when such terms or conditions are inconsistent or in conflict with those contained herein.
The relationship between Apex Ammunition and the undersigned retailer is non-exclusive and Apex Ammunition may have other retailers.
A retailer’s credit shall be established and maintained with the Apex Ammunition Credit Department. Apex Ammunition reserves the right to refuse to ship a retailer’s orders if the retailer’s credit becomes impaired or unsatisfactory to Apex Ammunition. No orders will be accepted on a “cash on delivery” (C.O.D.) basis. Placed orders are not cancellable without the consent of Apex Ammunition. Credit terms shall be those that are published and in effect on the date an order is shipped. Failure to comply with Apex Ammunition’ credit terms may result in the termination of any business relationship between Apex Ammunition and the retailer in question. Apex Ammunition will bill for product according to the prices in effect on the date of shipment to the retailer. Prices are subject to change at any time and retailer is responsible for inquiring about current pricing. The invoice date determines applicable invoice terms. With respect to dating programs, in the event of non-payment of an installment within its terms, Apex Ammunition may require immediate payment of any part or all of the remaining installments. Checks should be made out to Apex Ammunition. Apex Ammunition reserves the right to refuse any order.
Unless otherwise agreed to in writing with respect to a specific order: (a) All shipments of Apex Ammunition goods shall be F.O.B. retailer’s location using a mode of transportation chosen at the discretion of Apex Ammunition; and (b) All freight, insurance and other handling charges will be charged back to the retailer and will be added to the invoice for the goods shipped.
In addition to the applicable purchase prices, Apex Ammunition shall be entitled to invoice retailer for, and retailer shall pay, all sales, use, excise, value added, gross receipts, duties, tariffs, export or import charges, turnover and other taxes and charges imposed by law or required by any government to be paid or collected by Apex Ammunition in connection with the purchase, delivery, sale or use of product.
The retailer must make all claims for damage, carton shortage, pilferage or non-delivery to Apex Ammunition in writing. A retailer’s claim to Apex Ammunition must be delivered: (a) In the case of damage, carton shortage, or pilferage readily apparent at the time of delivery, within three (3) working days after receipt of shipment; (b) In the case of damage or pilferage not readily apparent at the time of delivery, within ten (10) days after receipt of shipment provided the shipment is left intact until examined by carrier or Apex Ammunition; and (c) In the case of non-delivery, within ten (10) days from date of invoice.
At times, retailer may be asked by a customer to assist them with obtaining warranty service for the customer’s ammunition. In these cases, no return authorization is needed. Customers may send in the item for repair on their own, or be assisted by retailer at the retailer’s discretion. Returns by customers must be packaged and padded well with an accompanying note that includes of the following
information:
a) The shipping address for Apex Ammunition to use when sending the repaired item back and the customer’s phone number, and
b) A description of the problem. If the customer requires further assistance that the retailer cannot provide, please refer the customer to Apex Ammunition at (662) 441-2739 or email at [email protected].
Apex Ammunition may, at its discretion, but shall have no obligation to, accept product returns. Request for a Return Authorization Number (RA#) must be made prior to returning product by contacting Apex Ammunition at (662) 441-2739, or emailing [email protected]. Returned product must be shipped to Apex Ammunition, prepaid by retailer, to Apex Ammunition, 380 Phillips Hill Rd. Columbus MS, 39705. Any Apex Ammunition product returned to Apex Ammunition without proper authorization (RA#) will be returned to retailer at the retailer’s expense. retailer will receive credit at the net price originally billed to the retailer. Credit will only be given for product currently sold by Apex Ammunition unless prior authorization is obtained. All products must be returned unmarked/un-stickered in original packaging and include all the correct accessories and paperwork. All Apex Ammunition products are subject to inspection and verification of condition by Apex Ammunition and will be credited on a unit-by-unit basis. Restocking fees may be applied if packaging is damaged, or accessories are incorrect or missing.
As an authorized Apex Ammunition retailer, you will be delivered factory-new ammunition and reloading products with all included accessories and U.S. warranty. Additionally, we are happy to replace any damaged or defective merchandise for our retailers. Please inspect your equipment as soon as possible. If you find that your new product is damaged or defective, you may call Apex Ammunition at (662) 441-2739 and must submit a written claim in accordance with the section above titled “Claims”. If appropriate, Apex Ammunition will send replacement products and/or authorization for return of defective or damaged product. Credit for defective or damaged product will only be given if a replacement is out-of-stock or unavailable. If equipment is returned in poor condition (showing of wear, dirt, damaged box, missing rounds, etc.) a re-stocking fee will be assessed. Additionally, product returned as damaged or defective that is found to be in good working order may a) be returned to the retailer at retailer’s expense or b) retained by Apex Ammunition but subject to a restocking fee to be paid by retailer. Request for replacement of damaged or defective product and return authorization must be made by contacting Apex Ammunition at (661) 441-2739. Any Apex Ammunition product returned to Apex Ammunition without proper authorization will be returned to the retailer at the retailer’s expense.
The retailer shall not make any representations or warranties with respect to the quality, features or performance of Apex Ammunition products that are contrary to, in addition to, or inconsistent with those described in literature published by Apex Ammunition. Any such claim(s) may result in termination of dealership with Apex Ammunition.
Retailer will re-sell Apex Ammunition’s products in its original state and condition and will not alter or modify Apex Ammunitions’ products prior to re-sell to a customer. Retailer will indemnity Apex Ammunition from and against any liability arising due to retailer’s breach of this provision.
Apex Ammunition may terminate an authorized retailer relationship: (a) Immediately, if retailer becomes insolvent or bankrupt, makes an assignment for the benefit of creditors, any proceeding is instituted by, for or against the retailer under any provision of the federal bankruptcy laws, or if the retailer changes ownership; (b) On ten (10) days’ notice to the retailer if the retailer fails to pay any Apex Ammunition invoice when due or materially breaches any other term of this Agreement and such failure or breach is not cured within said ten day period; or (c) on thirty (30) days written notice to the retailer for any reason or no reason at all. Neither Apex Ammunition nor the retailer shall by reason of termination of this authorized retailer relationship be liable to the other for compensation, reimbursement or damages either on account of present or prospective profits or sales or anticipated sales, or on account of expenditures, investments or commitments made in connection therewith or in connection with the establishment, development or maintenance of the business or goodwill of Apex Ammunition or the retailer in question, or on account of any other cause or thing whatsoever provided however, that such termination shall not affect the rights or liabilities of either party to the other with respect to Apex Ammunition product previously sold or with respect to any indebtedness then owing by either party to the other. Upon termination of this authorized retailer relationship, Apex Ammunition shall have the exclusive right, as its option, to purchase from the retailer within sixty (60) days after the effective date of such termination all or any part of the retailer’s inventory of Apex Ammunition product. The purchase price shall be the net amount originally billed to the retailer less any applicable discounts or protection received by the retailer. Apex Ammunition shall have the right to physically inspect any Apex Ammunition product being purchased by Apex Ammunition prior to purchase and final acceptance of delivery.
In the event of retailer’s failure to pay Apex Ammunition as and when due, then retailer will be responsible for a) a late fee of 5% per month on the outstanding unpaid balance and b) all collection costs, including reasonable attorneys’ fees, incurred by Apex Ammunition in seeking collection of such unpaid amounts, whether or not suit or arbitration is filed.
For the purposes of this agreement, advertisement shall be any presentation, offer, or solicitation for purposes of sale of Apex Ammunition product. This shall include, but not be limited to, price lists, newspaper and magazine ads, catalogs, flyers, direct mail, signs, billboards, banners, festival events, shows, conventions and user groups. This also includes any and all forms of electronic advertising, including, but not limited to radio, TV, facsimiles, websites, and e-mail newsletters. Price must be displayed on all product and sort pages. Displayed price must not be below the current MAP. If selling on any auction site such as EBAY® or gunbroker.com®, the price must be listed as a “Buy Now” at or above MAP. No “Reserve Price” or “Best Offer” pricing permitted. No “Added Value” items or promotions allowed unless authorized by Apex Ammunition. No trans-shipping of product by the retailer to other retailers. retailer must sell to end-user unless authorized by Apex Ammunition. No mention of a lower price or discount is allowed. Statements such as “Call for Price” or “Call for Lower Price” are not allowed. No mention of lower price may be used on online forums. No “Add to Cart” for lower price permitted. No coupons for Apex Ammunition products are allowed in any newsletter or publication (including electronic communication) unless authorized by Apex Ammunition. retailers must seek pre-approval before selling Apex Ammunition products on any third party websites. United States retailers may not ship Apex Ammunition product outside the United States. If you have any questions or need clarification, please contact Apex Ammunition confidentially. Retailer will take reasonable measures to safeguard and not disclose any confidential information related to Apex Ammunition during and after this agreement. Such confidential information includes, without limitation, this agreement, any pricing information, and Apex Ammunition’s MAP retailer Agreement.
Any dispute, controversy, claim or the like between the retailer and Apex Ammunition shall be subject to and resolved by binding arbitration conducted by a single arbitrator according to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall be selected by the mutual agreement of the retailer and Apex Ammunition. If the parties are unable to agree upon an arbitrator, the parties shall each select an arbitrator and those two arbitrators shall select a third arbitrator whom shall preside over the matter. The decision of the arbitrator shall be final and binding on the parties and a judgment may be entered on such decision. Said arbitration shall be conducted in Columbus, Mississippi. Notwithstanding this arbitration agreement, Apex Ammunition may, at its sole option, file a claim in a state or federal court in Columbus, Mississippi, based on retailer’s failure to make payment, and retailer hereby submits to the jurisdiction and venue of such court.
In any suit or arbitration between the retailer and Apex Ammunition, the prevailing party is entitled to recover reasonable attorneys’ fees plus the costs and expenses, including interest, incident to collection or defense from the non-prevailing party, including those pertaining to an appeal.
In no event shall Apex Ammunition be liable for consequential, incident, or special damages, even if Apex Ammunition has been made aware that such damages are possible. The arbitrator does not have the authority or discretion to invalidate or disregard this provision.
This agreement shall be governed and construed according to the laws of the State of Mississippi without regard to conflicts of laws principles. In the event that any provision contained herein shall be held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision hereof. The failure of either party at any time to require performance by the other of any provision herein shall not affect the right of such party to require performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements between them. It may not be modified in any way without prior mutual, written agreement. In the event of a conflict between the provisions of this agreement and the provisions contained in any contract or sales order form used by retailer, the provisions of this agreement shall control. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements between them. It may not be modified in any way without prior mutual, written agreement.
I certify that all information is true and correct. I agree to follow all guidelines in the Apex Ammunition Terms and Conditions.
