Total Wholesale LLC

Terms & Conditions of Sale Overview:

Please note that our partnership is governed by the following terms and conditions:

Minimum Order Value:

For first time customers of Total Wholesale, LLC, the minimum order is one (1) pallet of goods or as one (1) lot depending on the type of goods listed in our inventory or on our web site Totalwholesaleusa.com.

All orders will be shipped after the goods have been paid for. We accept wire transfers and payments through our payment portal: https://bill-pays.com/ebpp/Capstone/

Placing an Order:

• Submit your purchase order via email to our email address at sales@totalwholesaleusa.com.
• If you have requested that we arrange shipment, we will provide a shipping quote.
• Call our customer service representative at 646-518-6022.

Wholesale Pricing:

All prices are listed in U.S. Dollars and are subject to change without notice. Shipping is an additional cost and is the responsibility of the Buyer.

Intellectual Property:

We do not claim to own or have the rights to any Intellectual Properties of any offers/products presented. All copyrights and Intellectual Properties belong to their respective owners.

Use of brand names are for reference purposes only and does not connote a license or sublicense granted to Total Wholesale, LLC by the brand.

Returns, Refunds, Credits & Cancellations:

There are no Returns allowed. All sales are final.

Total Wholesale, LLC DOES NOT ISSUE REFUNDS. Once an order is paid and/or is being processed or said vendor has been paid, the order process cannot be cancelled and customer cannot be refunded except at the sole discretion of Total Wholesale, LLC. 

Please note, if a container shipment is set up and all of your product does not fit, we are not liable. You will need to make additional arrangements to pick up the remaining products.

ALL PRODUCTS ARE SOLD AS IS, WHERE IS WITH NO RETURNS, NO REFUNDS, NO GUARANTEES, NO EXCHANGES, NO WARRANTY AND NO CLAIMS MADE AS TO FUNCTIONALITY. 

Payments:

Total Wholesale, LLC accepts wire transfer, payment through its payment portal, corporate checks and bank checks.

If checks are returned due to insufficient funds, we will charge the customer for reimbursement for bank fees and other incurred costs.

Shipping:

Shipping is not included in the cost of goods. For all orders, freight will be charged on each invoice. Freight terms are FOB Origin.

FTL (Full-Truck-Load) and LTL Freight (Less-Than-Truckload). We can arrange shipping for you as a courtesy. All we need is your shipping address, and some details about the location (loading dock, forklift, business or residential). We will get you a quote for the shipping rate prior to invoicing, so that you can pay for everything at the same time. Due to the large number of truckloads we ship monthly, we are typically able to obtain better rates than you can, which saves you money. From the time you send payment and it clears through our bank delivery is usually between 10-15 days. LTL deliveries may typically take a few days longer due to stopping for pickup and delivery of other orders while enroute to you. Although we arrange shipping, any overages, layover fees, fuel fees, discrepancies, etc. still remain the responsibility of the buyer.

Shipping claims regarding delays, lost in transit, additional delivery charges, additional fees must be made directly with the carrier responsible and NOT Total Wholesale, LLC. We are in no way responsible for shipping errors of any kind and shipping is set up as a courtesy for you. Any product left on the dock or not fitting in your truck /trailer is the buyer’s responsibility to have picked up and Total Wholesale, LLC.

Unclaimed or Shipping Refusals:

Total Wholesale, LLC sells all goods direct from all of its facilities and third-party facilities to its customers. Additionally, any items paid for but not claimed or refused or not unloaded within three (3) business days will be discarded or disposed of at the sole discretion of Total Wholesale, LLC unless prior written permission is obtained from Total Wholesale, LLC. Once a load is paid for

and/ or placed on a truck, IT IS YOURS. There are NO refunds and a refusal to accept the unloading of a shipment does NOT constitute a refund. What you decide to do with that truckload is entirely up to you. We do NOT accept returns of any kind. ALL shipments originate from third-party warehouses across the country. Often, these addresses are not specified on the Bill of Lading (BOL), so a potential refusal may result in the shipment being misdirected somewhere it does not belong…into limbo. A refusal is your confirmation to us that the load is not wanted and you fully understand you will not be refunded.

Container Rates:

Total Wholesale, LLC will help you to set up your export shipment to ensure it is a smooth transaction/sailing however we are NOT responsible for rates, taxes, lost, damaged or delayed shipments. We set this up as a courtesy for you and in no way can be held liable. If you would like to set up your own container, please do let us know and we will walk you through the process. Please note, when shipping these containers, we are not liable if all of your product does not fit. You will need to make additional arrangements to pick up the rest of your product. There will be no refunds on this.

Delivery Window:

Please allow at least 10-15 days from the time of your order for completion of items. Larger orders may require more time; please contact us for information about availability.

Defective/Damages/Shortages:

Any verbal or written correspondence regarding working averages of goods on a pallet are only approximations and not binding on Total Wholesale, LLC. These percentages vary greatly and should be treated accordingly. All manifests that are given are approximate and/or samples and are done to the best of our ability. Shortages can, and do, occur. No compensation will be given for any discrepancies between product received and manifest. Manifest is to be taken as a GUIDE ONLY. Please understand, Total Wholesale, LLC does not make up these manifests. These manifests are given to us by the Third-Party Facilities/Warehouses/Stores we contract with and we are in no way responsible. There is no way of knowing what items work and what items do not. Total Wholesale, LLC is not responsible for missing or incorrect items in your load.

Information on Our Website and Inventory Listing:

The content of this website and inventory listing is for informational purposes only. Total Wholesale, LLC has taken reasonable care to ensure that the information contained on this website is complete and correct, but does not warrant or represent this to be the case, and accepts no liability for any errors, spelling mistakes or omissions. Neither is Total Wholesale, LLC responsible for the suitability of information on, or content of, our website. Prices, rates and values published on the website are provided for informational purposes only. Any information or opinions on the website were issued by Total Wholesale, LLC based on information obtained from sources

believed to be reliable but not verified independently. Total Wholesale LLC, is not liable for loss or damage resulting from customers’ action or failure to act on the information mentioned above. You should always check prices, rates and values before completing transactions.

Guarantees or Warrantees:

ALL LOADS ARE SOLD “AS IS,” THERE ARE NO GUARANTEES. Total Wholesale, LLC does

not guarantee that any products we sell are merchantable or fit for any particular purpose if advertised as overstock/new. We are liquidators and we offer NO warranties expressed or implied. All products sold on the Total Wholesale, LLC website or inventory listing are Sold AS-IS with no warranties expressed or implied. Total Wholesale, LLC disclaims any and all warranties, express or implied and any and all warranties of merchantability or fitness for a particular purpose or use. Total Wholesale, LLC shall not be liable for any special, indirect, third party, incidental, exemplary or consequential damages of any kind whatsoever. Including, without limitations, attorney fees, lost profits, shipping costs, delayed orders, delayed shipping, shipping errors, downtime cost, labor costs, overhead costs or any other buyers claims related to the purchase of product, in any way due to, resulting from, or arising in connection with the services, information, or failure of any covered party to perform operations. Total Wholesale, LLC is not responsible for missing or damaged product items in your load.

Conditions of Sale:

Buyer fully understands and agrees that Total Wholesale, LLC sells salvage, product, surplus, liquidated, off-price, distressed merchandise and makes NO promises of profits to be made. All merchandise is SOLD AS IS. NO warranties expressed or implied. NO RETURNS, REFUNDS, CREDITS, CANCELLATIONS, OR EXCHANGES. Buyer is responsible for all related taxes, licenses, and shipping charges, container charges, duties, etc., unless otherwise stated. Any and all shipping discrepancies must be reported to the shipping company and not Total Wholesale, LLC. We are not responsible for missing parts, delayed orders, damaged orders, missing orders, pallets loaded on to your pallet or truck. Buyer agrees to indemnify, hold harmless, and defend Total Wholesale, LLC and any party from which Total Wholesale, LLC acquired the products, and any company affiliated with, or related, to Total Wholesale, LLC, from (a) any liability, loss, delayed, or damage whatsoever resulting from any claims against Total Wholesale, LLC, any affiliated or related company, and/or any party from which Total Wholesale, LLC acquired the Products, (b) by any party as a result of, or in connection with, with the purchase, use, and/or resale of the Products and/or (c) any breach of a third party sales agreement by Buyer or the third party. Total Wholesale, LLC disclaims any liability for any damages of any kind, including direct, incidental, or consequential damages, as a result of any transportation, purchase, use, or sale/resale of any or all of the products.

Should any dispute occur, the matter will be settled by arbitration governed by the laws of Hudson County, NJ, at the discretion Total Wholesale, LLC at buyer’s sole expense and with no expense to Total Wholesale, LLC. These conditions of sale are considered accepted upon receipt of

payment and or shipment of goods. All of the terms herein constitute the entire agreement between the buyer and Total Wholesale, LLC.

This agreement supersedes all other agreements written, signed or otherwise by either the buyer or Total Wholesale, LLC and will be considered the ONLY legal binding contract between parties. This Agreement shall be construed and controlled by the laws of the State of New Jersey. Further, any dispute arising from the terms of this agreement will be governed by the laws of the State of New Jersey. Buyer agrees to personal jurisdiction by the state and federal courts sitting in Bergen County, New Jersey. Invoice and or Purchase Order and the acceptance thereof shall be a contract made in New Jersey and governed by the laws thereof, and it shall supersede any provisions, terms and conditions contained in any confirmation or other writing Total Wholesale, LLC has given or may hereafter give.

By submitting payment against an invoice, the buyer acknowledges, understands, and agrees to all of the terms defined above.

Authority to Conduct Business:

Buyer must warrant that they have a resale certificate and are tax-exempt for their purchases.

Total Wholesale, LLC shall not be held liable for any breaches of warranties or for any taxes, fees, or duties imposed by the IRS or any other government agency.

Thank you for your trust and doing business with us. We are excited about the opportunities ahead.