Are you interested in becoming a wholesale Customer?
Please fill out this form to request Ephrem’s Bottle Works Wholesale Application form to start your application process.
Please read Ephrem’s™ Bottle Works, LLC – Wholesale Terms & Conditions of Sale below

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Ephrem’s™ Bottle Works, LLC – Wholesale Terms & Conditions of Sale
Effective November 27, 2018, Updated November 28, 2018

1. Terms of Contract
   • By requesting Ephrem’s™ Bottle Works, LLC to supply Goods to you and/or your company, you and/or your company acknowledge and agree (or you are deemed to acknowledge and agree) to this Wholesale Terms and Conditions of Sale.
   • This Wholesale Terms and Conditions of Sale will take first and foremost precedence over all business sale transactions between Ephrem’s™ Bottle Works, LLC, as the Seller, and you and/or your company, as the Buyer.
2. Price
   • The price for the Goods will be either as quoted to you in writing or, if no written quote is provided, at Ephrem’s™ Bottle Works, LLC standard charges applying at the time.
   • A 7% Sales Tax will be payable on Goods sold unless otherwise:
     • Stated in writing
     • Sales Tax exemption form has been filed with us
     • Purchasing Goods at standard charges where sales tax is included in the full standard price at the time of purchase

3. Payment
   • Unless otherwise agreed upon in writing, payment of the Goods shall be made at the time the order is placed and finalized.
4. Ownership of Goods
   • Ownership of the Goods shall pass to you upon payment in full of the purchase price for the Goods and of any other amounts owed by the Buyer to the Seller
5. Shipping and risk
   • For all orders:
     • Unless otherwise agreed in writing, you and/or your company shall be responsible for all freight charges associated with shipment of Goods from our facility to yours.
     • All domestic and international orders will be shipped by United States Postal Service at the Priority Mail rate by default unless otherwise stated in writing.
     • All orders must and will be shipped with tracking numbers which will be provided to both parties at time of shipment
     • Any and all additional costs such as signature confirmation, additional insurance, restricted delivery, etc… requested by the Buyer will be the Buyer’s responsibilities
   • For orders within USA:
     • We will provide a shipping charge quote for those that request the Seller to add this onto their purchase. We will quote you the most economical price from United States Postal Service (USPS), United Parcel Service (UPS), or FedEx unless stated otherwise.
   • For international orders:
     • We will provide a shipping charge quote for those that request the Seller to add this onto their purchase. We will quote you the most economical price from United States Postal Service (USPS) on all international shipping at the time of product order.

6. Export/Import Documents, Duties and Taxes
   • All export and import documentations, licenses, duties, taxes or other obligations or costs relating to the delivery of the Goods shall be the Buyer’s responsibility.
7. Pricing
   • All pricing set by the Buyer is freely your discretion except that it must follow any and all written Minimum Advertising Pricing (MAP) or Manufacturing Suggested Retail Pricing (MSRP) guidelines set by the Seller unless stated otherwise in written agreement
   • Sale Prices that advertise below MAP must be agreed upon in writing, the set sale price, and sale duration, before sale prices can be administered. This includes any and all online selling platforms, Buyers owned websites, public advertising publications (such as but not limited to flyers, magazines, newspapers, etc…), and any other public forms of advertisement to the public.  Failure to have sale prices agreed upon in writing may constitute a breach of this Wholesale Terms and Conditions of Sale.
8. Online Selling Platforms
   • The Seller reserves the right to limit, change, and alter online selling platform(s) the Buyer is able to use for selling Goods on with the exception of the Buyer’s owned websites that is not affiliated or hosted by companies such as Amazon, eBay, Overstock.com, etc… Selling Goods on an unauthorized online selling platform not stated in writing is considered a breach of good faith and violation of these terms and conditions.
9. Product Samples, Images, and Quality
   • The Seller only warrants products made by Ephrem’s™ Bottle Works, LLC. Any products not made by Ephrem’s™ Bottle Works, LLC and sold under “Ephrem’s™ Bottle Cutter” name and logo owned by Ephrem’s™ Bottle Works, LLC are not warranted by Ephrem’s™ Bottle Works, LLC.  Companies manufacturing and selling products using “Ephrem’s™ Bottle Cutter” name and logo will be held liable of any and all registered trademark violations.
10. Acceptance and cancellation of orders
    • The Seller reserves the right to refuse or cancel any orders or delivery of Goods at any time for any given reason with or without written notice to the Buyer. The Seller shall not be liable for any losses, damages, etc… whatever arises from such cancellation.
11. Force Majeure
    • The Seller will not be liable for any failure to perform or delay in performance of its obligations under these terms caused by a Force Majeure beyond its reasonable control.
12. Liability
    • The Seller shall not be liable:
      • where the Buyer has altered or modified the Goods, misapplied the Goods, not followed the Seller’s instructions in respects to the Goods or have subjected them to unusual or non-recommended use or handling;
      • for defects in any Goods manufactured by any Third Party;
      • for loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in production or supply of the Goods;
      • for any indirect or consequential loss of any kind.

13. Intellectual Property
    • All Intellectual Property rights and interests owned or used by the Seller in connection with its business belong to and/or are licensed to Ephrem’s™ Bottle Works, LLC. You may not use any of the Intellectual Property without the written permission of Ephrem’s™ Bottle Works, LLC except as otherwise stated:
      • You undertake to use the Brand Name and, if required by Ephrem’s™ Bottle Cutter™ Logo when advertising Goods supplied by the Seller and anywhere the Goods are described or named including but not limited to websites, labels, invoices, etc…;
      • The Seller grants you a personal, non-exclusive, non-transferable, and non-assignable license to use the Ephrem’s™ Bottle Cutter™ Brand Name and Logo for the purposes of clause 13.1.1 above.
    • You must not use or permit the use of the Brand Name or Logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the Intellectual Property or Ephrem’s™ Bottle Works, LLC
    • You must obtain Ephrem’s™ Bottle Works, LLC prior written approval of the manner in which you intend to use the Brand Name and (if applicable) Logo.
    • The license in clause 13.1.2 may be revoked by Ephrem’s™ Bottle Works, LLC by written notice to you and/or your company
14. Amendments
    • Ephrem’s™ Bottle Works, LLC reserves the right to change or alter this Wholesale Terms and Conditions of Sale with or without written notice to you and/or your company
    • These terms and conditions may be amended or replaced from time to time by Ephrem’s™ Bottle Works, LLC. Any order placed after such amendments is made and placed on this website or by mail will represent an agreement by you and/or your company to be bound by the amended terms and conditions provided on this website.
15. The Buyer’s Responsibilities
    • It is the Seller’s responsibility to make sure all documents and information on file with the Buyer is always current and up to date. Documents and information such as:
      • Billing, mailing and shipping addresses
      • Contact information such as but not limited to personnel changes, phone numbers, email addresses, address, etc…
      • To provide or notify any and all tax documents needed for the Sale of Goods such as but not limited to sales tax exemption form
      • To provide or notify any and all pertinent documents needed by the Seller from the Buyer to do business

16. The Buyer’s Responsibilities
    • It is the Buyer’s responsibility to make sure all documents and information on file with the Seller is always current and up to date. Documents and information such as:
      • Billing, mailing and shipping addresses
      • Contact information such as but not limited to personnel changes, phone numbers, email addresses, address, etc…
      • Online selling platform address changes such as but not limited to URL changes that pertain to the Goods being sold on online selling platforms
      • To keep any and all federal and state tax documents as well as financial documents needed for the Sale of Goods such as but not limited to sales tax exemption form, payment or bank account changes, etc…
      • Plus any and all pertinent documents needed by the Seller from the Buyer to do business

17. Termination
    • Ephrem’s™ Bottle Works LLC reserves the right to terminate this agreement with immediate effects by giving written notice to the Buyer if:
      • the Buyer has failed to comply with a written notice given by Ephrem’s™ Bottle Works, LLC specifying a breach of the agreement and requiring you to remedy it within 14 days of receipt; or
      • being an individual, you are made bankrupt; or
      • being a company, you are placed in liquidation or receivership
    • On termination Ephrem’s™ Bottle Works, LLC shall have the right to deal with the Goods at its absolute discretion.
    • You and/or your company have the right to terminate this agreement at any time with a written notice sent from you and/or your company unless a written agreement has stated otherwise.
18. Governing Law
    • These Terms and Conditions shall be governed by and construed in accordance with the laws of Iowa, United States. The Courts of Iowa have exclusive jurisdiction to hear and determine any matter, which may arise out of or in connection with these Wholesale Terms and Conditions of Sale.
19. Interpretation

• “Brand Name” means “Ephrem’s™ Bottle Cutter” and “Ephrem’s™ Bottle Works, LLC” or any other brand name as notified in writing by Ephrem’s™ Bottle Works, LLC from time to time
• “Force Majeure” means any of the following events or occurrences and the effects thereof: fire, storm, flood, earthquake, landslide, explosion, accident, act of a public enemy, war, rebellion, insurrection, riot, civil commotion, sabotage, epidemic, quarantine restrictions, labor disputes, transportation embargoes, national or international oil or fuel shortage, acts of God, acts of government or any agency or judicial action.
• “Goods” means any goods supplied by the Seller from time to time, including (but not limited to) bottle cutter kits and bottle cutter kit supplies.
• “Intellectual Property” means the content and design of all products and branding, including without limitation, trademarks, copyrights, registered designs, symbols and logos.
• “Logo” means the stylized depiction of the Brand Name as it appears on the website https://www.ephremsbottlecutter.com or any other logo as notified in writing by Ephrem’s™ Bottle Works, LLC from time to time
• “Online Selling Platforms” means any of the following but not limited to: Amazon including all international websites, Jet.com, eBay, etc…  Brick and mortar, craft shows, and/or the Buyer’s owned website do not fall into this category.
• “Third Party” means any party, other than Ephrem’s™ Bottle Works, LLC, including suppliers or manufacturers of the Goods.
• Questions or Concerns: Please send these to:
  • Send us by using our contact form located on our Contact Page on our website
  • PO Box 113, Saint Olaf, IA 52072-0113