Fair Harbor Wholesaler Agreement


Last updated: March 20th, 2024

Fair Harbor does not cater to any store or wholesaler exclusively. Fair Harbor carefully and thoughtfully selects retailers and wholesalers based on many variables, including sales channels, brand image, and current portfolio of products.

Wholesaler acknowledges and agrees that the products purchased from Fair Harbor are intended for end-user customers and are not to be resold on any third-party platforms, including but not limited to Amazon, eBay, or any other online marketplace.

Wholesaler further agrees not to supply the products to any third party that the Wholesaler knows or has reason to believe intends to resell the products on such platforms.

Wholesaler agrees that Fair Harbor makes no warranty or claims, express or implied, as to the merchantability of our distributed products. Wholesaler also agrees that Fair Harbor is not liable for any misuse or misrepresentations of the goods by the Wholesaler or the final retail purchaser or consumer and indemnifies Fair Harbor for any legal actions that emanate from such actions.

This Agreement shall be construed and enforced in accordance with the laws of the State of New York without reference to its conflict of law provisions. All disputes arising from or relating to this Agreement shall be brought in the state courts located in New York County in the State of New York or the federal courts in the Southern District of New York.

Violation of this provision will be considered a material breach of this Agreement and may result in immediate termination of the Wholesaler's account, in addition to any other remedies available to Fair Harbor under applicable law.

By agreeing to these terms, you automatically agree that you give Fair Harbor the right to take legal action to enforce these conditions. In the event Fair Harbor must seek legal action to enforce these conditions or collect a debt, Wholesaler shall bear all reasonable legal fees.