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© 2018 by Southern Draw Cigars.

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SOUTHERN DRAW CIGARS PURCHASE TERMS

ITEMS PURCHASED. Seller agrees to offer Buyer a non-exclusive Agreement, the following products (the "Goods") in accordance with the terms and conditions of this Agreement as described in the attached proposal

PRICING AND ORDERS. Products will be ordered at prices and quantities as agreed to by the parties and subject to the terms and conditions of sale and shipment established by the Seller from time to time and in effect at the time Seller accepts the order. The Seller reserves the right to change prices upon reasonable notice to Buyer for subsequent purchases. The Seller agrees to exercise commercially reasonable best efforts to supply Products to the Buyer in a timely fashion.

Buyer agrees that the Seller may have to replace certain cigars in out-of-stock situations and replace them with similar items as deemed appropriate by the Seller and will always attempt to keep the price of the replacement cigar(s) to within 10% of the original cigar. The Seller promises to substitute only with products that are equally as desirable, or more so, primarily using cigars of the same brand and same line – just a different size. 

Buyer agrees that the price mentioned in the proposal attached to this Agreement does not include shipping fees (if applicable).

SOUTHERN DRAW CIGARS CATALOG & RELATED BRANDS CATALOG. There is a minimum order of $200 from either the Southern Draw Cigars Catalog (“SDCC”) or the Related Brands Catalog (“RBC). Free ground shipping on orders of 50 or more premium boxes from the SDCC (No bundles, humi-jars, samplers etc. shall qualify for Free ground shipping) Does not apply to SWAG or accessories or last minute, special order or expedited shipments as requested by the Buyer. Additionally, any items that frequently experience backorders may take additional time for delivery.

TAXES. The parties agree that payment of any taxes levied on the Products (other than taxes based on income) shall be the Buyer's responsibility (including, without limitation, federal, state, local, use, OTP, tobacco or similar taxes), and the Buyer shall report and pay such taxes to the appropriate taxing authority as required by law. The Seller’s prices shall never include any of these aforementioned taxes.

TITLE/RISK OF LOSS. All Products shall be sent in accordance with the Sellers then current shipping policies, including, without limitation, the use of cartons bearing external art work or labels as designated by the Seller. Buyer shall pay reasonable shipping costs in accordance with its shipping instructions based on weight and delivery location The Seller shall be responsible for packaging, shipping and safe delivery and shall bear all risk of damage or loss until the goods are delivered to the Buyer's address.

PAYMENT. Payment shall be made to Seller prior to shipment of order to Buyer either by credit card, wire transfer, certified funds, direct deposit or cash. Buyer agrees that the Seller may charge a credit card fee on orders paid with credit cards approximate to the prevailing Visa/Mastercard/American Express charged to the Seller. 

ADDITIONAL EXPENSES. This Agreement binds the Buyer to at least the (1) proposal amount plus (2) applicable shipping and (3) credit card fees (if applicable). These three (3) items are known as the Total Purchase Price. If the actual amount exceeds the Total Purchase Price then the Buyer has the right to return any inventory they desire to bring the final amount back to the Total Purchase Price as long as the Buyer adheres to the other terms in this Agreement regarding restocking fees if boxes have been opened. The Buyer shall have four (4) business days to notify the Seller that they will be returning any unwanted inventory and then will have up to ten (10) business days to have the products returned back to the Seller.

EXCHANGE POLICY. To qualify the Buyer must have purchased at least 12 boxes of cigars on their initial order. Buyer must purchase a different box of cigars for each box they send back (using their credit). There will be a 10% restocking fee. Only cigars that have been recommended by Southern Draw Cigars are backed by this program.. Boxes must be in new, sealed condition to qualify for exchange. 

Buyer is responsible for cost of shipping cigars back Southern Draw Cigars.

Cigars must be returned in their original box (in good condition) and the cigars must be properly humidified and in sellable condition. If the cigars are dry and/or are cracked or in any way show signs of wear and/or abuse they will not be accepted back and it will be the Buyer’s responsibility to have them returned to the Buyer.

PAYMENT TERMS. If Buyer is approved by the Seller then the Buyer has 30 days from the date that the shipment is received to make sure that their payment is received by the Seller. Payments will be sent 2802 Flintrock Trace #267 Austin, Texas 78738.

If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 10 percent per month, or the maximum percentage allowed under applicable laws. The Buyer shall pay all costs of collection, including without limitation, attorney fees.

In addition to any other right or remedy provided by law, if the Buyer fails to pay for the Goods when due, Southern Draw Cigars has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.

BOUNCED CHECKS. If Buyer’s check should bounce, the Seller shall be entitled to a $50 bounced check fee. Interest shall accrue as stated in the section entitled Payment Terms.

SHIPPING POLICY. Orders take 24 hours to process once the exact inventory has been agreed upon and in-stock status has been verified. Orders may be delayed due to out of stock items while we attempt to contact the Buyer for approval on replacement items. If Buyer pays for expedited shipping then the Buyer agrees that delays may occur until proper inventory is established.

WARRANTIES. Buyer shall be entitled to provide their own warranties or those generally offered to their consumers in connection with the products, subject to their terms and enforceability. Southern Draw Cigars warrants that the Goods shall be free of substantive defects in material and workmanship. 

SOUTHERN DRAW CIGARS SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF SOUTHERN DRAW CIGARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Southern Draw Cigars's liability, if any, for defective Goods, is limited to replacement, repair or refund of the defective Goods, at Southern Draw Cigars's option.

Southern Draw Cigars agrees to indemnify, hold harmless, and protect its affiliates, successors, assignees, customers, and users from any and all claims, demands, suits at law or equity, and all expenses including attorneys' fees, involving infringement or alleged infringement of any patent, trademark, or copyright resulting from the purchase, use, or sale of the Goods.

Warranties, refunds and exchanges of individual consumers will be subject to the refund and exchange policy(s) of the retailer they purchased to Goods from, this includes but is not limited to brick and mortar, catalog, online or private cigar clubs.  

INSPECTION. The Buyer, upon receiving possession of the Goods, shall have a reasonable opportunity to inspect the Goods to determine if the Goods conform to the requirements of this Agreement. If the Buyer, in good faith, determines that all or a portion of the Goods are non-conforming, the Buyer may return the Goods to the Seller at the Buyer's expense. The Buyer must provide written notice to the Seller of the reason for rejecting the Goods. The Seller will have 14 days from the return of the Goods to remedy such defects under the terms of this Agreement.

The Buyer will have the right to inspect the goods upon receipt, and within four (4) business days after delivery, Buyer must give notice to Seller of any claim for damages on account of condition, quality, or grade of the goods, and Buyer must specify the basis of the claim in detail. Failure of Buyer to comply with these conditions will constitute irrevocable acceptance of the goods by Buyer. 

RETURNS. Returns will be accepted at the Seller’s discretion. Buyer must notify prior to returning any items. Cigars may not be returned after 14 days for any reason as Buyer cannot guarantee that the cigars have been kept fresh by the Buyer. Though this is not to be held as the exclusive reason for this 14 day policy. If Seller agrees to take any inventory back outside of the parameters of this Agreement, then the Buyer shall be charged a 20% restocking fee on all unopened items.  Seller shall have 14 days to issue refund.

DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:

a. The failure to make a required payment when due.

b. The bankruptcy of either party.

REMEDIES ON DEFAULT. In addition to any and all other rights available according to law, if either party defaults by failing to substantially perform any material provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may elect to cancel this Agreement if the default is not cured within 5 days after providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default.

ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. 

The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

CONFIDENTIALITY. Both parties acknowledge that during the course of this Agreement, the Seller may obtain confidential information regarding the Buyer’s business. Both parties agree to treat all such information and the terms of this Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.

DUTY TO COOPERATE. The Buyer will cooperate with any requests from the Seller regarding governmental inquiries or investigation requests.

NOTICES. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.

SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

FORCE MARJEURE. Seller may, without liability, delay performance or cancel this Contract on account of force majeure events or other circumstances beyond its control, including, but not limited to, strikes, acts of God, political unrest, terrorism, embargo, failure of source of supply, or casualty. 

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas.

ACCEPTANCE:

 

Purchase Terms Authorized and Accepted by the Buyer on this date of ___________ 2019.

 

Name:

 

______________________________________________

Title:

 

______________________________________________

SOUTHERN DRAW CIGARS SHIPPING & DELIVERY TERMS

Shipping Information:

Summary of Federal Rules for Tobacco Retailers

  • SOUTHERN DRAW CIGARS does not sell products to anyone under the age of 18 and in some States the age requirement may be 21.

  • FDA regulates all tobacco products including cigars, Southern Draw Cigars complies with all federal laws and regulations for retailers and distributors.  

  • Shipping delivery times are estimates and are not guaranteed unless otherwise noted.

  • Certain items, such as over-sized merchandise, may require additional shipping charges.

  • Any such charges will be noted during the checkout process prior to submitting your order.

  • Shipments are processed Monday through Friday, excluding holidays. 

  • Business days for shipping carriers are Monday through Friday, excluding holidays observed by that carrier. 

  • Special Requests and Urgent Delivery Options

  • UPS Next Day Early AM and Saturday Delivery options are available. To arrange for a special shipment request please e-mail sharon@southerndrawcigars.com or call 512.371.4167

  • Terms and Conditions

  • In-stock items only

  • Continental US only

  • Over-sized items (e.g. large humidors) & HAZMAT items (e.g. butane) must ship ground parcel services

Sales Taxes

  • We are required to collect and remit sales tax in the following states. Remittance of any taxes on orders shipped outside of these states is the responsibility of the purchaser.

  • Alabama

  • Colorado

  • Connecticut

  • Georgia

  • Hawaii

  • Illinois

  • Indiana

  • Iowa

  • Kentucky

  • Maine

  • Maryland

  • Michigan

  • Minnesota

  • Mississippi

  • Nebraska

  • New Jersey

  • Nevada

  • North Carolina

  • North Dakota

  • Oklahoma

  • Pennsylvania

  • Rhode Island

  • South Carolina

  • Vermont

  • Washington

  • West Virginia

  • Wisconsin

  • Shipping Order Cutoff Time

  • In-Stock orders received by the shipping cutoff time (typically 3:00pm ET) will ship the same day Monday through Friday.

  • Delivery Service Carriers

  • Free and Saver Shipping will be delivered via UPS and/or USPS. DELIVERY ADDRESSES MUST BE ABLE TO RECEIVE PACKAGES FROM EITHER CARRIER.

  • Saturday, Next Day, 2 Day, 3 Day, and Ground will be delivered via UPS.

  • Priority Mail is delivered via USPS or UPS

  • PO Boxes, APO/FPO, US Territory Shipments

  • PO Boxes, APO/FPO addresses, and US Territories will ship via USPS and may incur additional delivery times. UPGRADE OPTIONS ARE NOT AVAILABLE.

  • Alaska and Hawaii

  • Expedited delivery options to Alaska and Hawaii are available for an additional charge. See shipping prices above for further information.

  • HAZMAT items (such as butane)

  • Due to FAA regulations, expedited services are not available. These items will ship via USPS Parcel Post or UPS and may incur additional delivery time, up to 3 weeks in some cases.

  • Oversized items (such as large humidors)

  • These items will ship via ground/freight services and may incur additional delivery time. Some items may also incur additional shipping charges which will be disclosed on the product info page. Delivery may not be available to PO Boxes, APO/FPO, and US Territories for certain items.

  • Special Requests and Urgent Delivery Options

  • UPS Next Day Early AM and Saturday Delivery options are available. Contact customer service to arrange for a special shipment request or call 512.371.4167

  • When should I expect my order?

  • We know you want your order yesterday, and we strive to be the fastest and most reliable shippers in the business. We will process all in-stock orders that are received by 3:00pm ET for same day shipping from our warehouse located at 6506 E. Lancaster Ave., Ft. Worth, Texas 76112. Shipping takes up to 8 business days from date of shipment (not including weekends or holidays).

  • Online inventory is updated regularly. If an item is not immediately available, it will ship the moment it becomes available by our Saver Shipping method. We cannot be held responsible for UPS errors, or other delays out of our control. (Please note: for urgent and extremely time-sensitive requests, please call or email a representative to ensure availability before submitting your order, as certain items marked 'available' can sometimes sell out in the same day.)

  • TRACKING MY ORDER

  • You can check shipment status by using the My Account link found on each page. 

  • Orders ship from our warehouse located in Ft. Worth, Texas.

Humidified Shipping

  • When storing, shipping, and transporting your cigars, humidification is a concern. Southern Draw Cigars relies on Boveda Inc. two-way humidification in boxes, bundles and samplers to guarantee our cigars remain fresh in transit. Boveda products are extremely absorbent and come packaged in a permeable material that releases moisture to maintain an ideal environment for your cigars. Simply dipping it in distilled water activates the pillow for up to 30 days. Best of all, each Boveda has a long life span of three to four months.