OPERATING AGREEMENT FOR DEALERS

Berg USA Dealer Policy 2024 

This Dealer Policy applies to all Berg USA dealers operating in the U.S., Canada, and Mexico. In addition to the general terms and conditions available (https://us.bergtoys.com/pages/terms-and-conditions), the following specific terms must be adhered to. If you have questions, reach out to info_usa@bergtoys.com. All dealers must agree to sell BERG products.

1. General Policy

• All BERG USA dealers must comply with the BERG Minimum Advertised Price (MAP) policy. Dealers found selling below MAP will face restrictions or removal from the program if the issue persists.
• Dealer websites should be accurate and up-to-date with current product images and descriptions sourced from the Dealer Zone Portal.
• Selling on third-party marketplaces (Amazon, Walmart, etc.) is prohibited unless explicitly authorized in writing by BERG USA. Failure to comply will result in suspension of dealer privileges.
• Reselling goods purchased on consumer marketplaces to end-user customers is not permitted.
• Dealers are expected to conduct business professionally while representing BERG products.

2. Ordering Procedure

• Drop-ship orders must be submitted via the Shopify channel. Bulk, Trade, and Commercial orders are placed via email at orders_usa@bergtoys.com.
• Orders should include the following:
  • BERG SKU number, item description, and quantity.
  • Customer’s shipping address and phone number.
  • Dealer purchase order (PO) number for reference.
• Please use the dedicated orders email to avoid delays. Sending orders to individual employee email addresses may result in slower processing.

3. Shipping

• Shipping for drop-ship orders is the responsibility of the dealer, and an account number for FedEx or UPS must be on file.
• Freight orders will incur flat-rate fees for deliveries to a loading dock or driveway (for residential orders). Any additional delivery requests (e.g., inside delivery, rerouting) will incur extra charges billed to the dealer.
• Orders over $5,000 qualify for free shipping to the Lower 48 States. For orders under this threshold, shipping costs apply, and shipping to Canada, Mexico, Alaska, and Hawaii is by quote only.
• The customer is responsible for receiving packages, and any claims regarding stolen or missing packages must be addressed directly with the shipping carrier.
• For freight shipments, a delivery appointment is required. Dealers should inform customers in advance to ensure availability for delivery. Additional charges may apply for missed appointments or special requests.

4. Returns

• Returns must be made within 30 days of purchase and pre-arranged by contacting BERG USA via email; info_usa@bergtoys.com.
• Items must be new, unused, and in their original packaging to qualify for a full refund.
• Restocking fees apply: 10% for ride-ons, and 15% for trampolines.
  • The Grand Tour products are non-returnable.
• Shipping and drop-shipping fees are non-refundable, and return shipping costs are borne by the customer or dealer.
• Freight orders must be returned using the same shipping method they were delivered with (e.g., on a pallet for freight items).

5. Warranties

• Warranty claims are evaluated on a case-by-case basis for manufacturer defects. Claims will not be considered if the product has been misused or altered.
• Warranty claims must be accompanied by:
  • A copy of the sales receipt showing the purchase date and dealer details.
  • Pictures or videos illustrating the defect.
  • A picture of the product’s serial number.
• Packaging damage is not covered under warranty.

6. Payments

• Payment terms must be adhered to as per individual agreements.
• Late payments may result in the suspension of orders and accrual of finance charges.
• Accounts delinquent for more than 30 days will be charged additional fees, and payment terms may be revoked.
• Dealers are responsible for all fees associated with collecting unpaid balances.

For any further inquiries, please contact info_usa@bergtoys.com