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Wholesale Terms and Conditions     revised 3/1/03


THESE WHOLESALE TERMS AND CONDITIONS ONLY APPLY TO THOSE CUSTOMERS WHO HAVE ENROLLED AND BEEN ACCEPTED AS DHV RESELLERS.  ALL OTHER USERS SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF SALE.

Thank you for choosing Discount Herbs & Vitamins, Inc. 

1. General; Duration. The terms and conditions of sale (Terms) apply to all sales of goods, inventory, products or services sold by Discount Herbs & Vitamins, Inc (referred to as DHV, we, us, our) for resale.  The terms and conditions shall apply to all purchase orders and any oral or written orders submitted by customer (referred to as Reseller, you), shipment of product by DHV, and any Invoices issued by DHV.  Except to the terms of any Invoice relating to prices, quantities, delivery schedules, payment terms or shipping instructions, DHV objects to any additional or different terms and conditions which have been or may be proposed by you, all of which are deemed material, and any acceptance by us is expressly limited to the Terms as supplemented by any applicable Invoice. 

2. Other Documents. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Reseller and Discount Herbs & Vitamins, Inc.  DHV may, at it’s option, accept an order subject to these terms and conditions or reject an order if different terms and conditions are proposed by reseller. 

3. Prices.  Prices shall be based on those listed on the most current Wholesale price list provided by Discount Herbs & Vitamins, Inc. to Reseller.  DHV may provide a price list to reseller by either posting prices on our web site or providing an actual list to reseller.  All prices are listed in U.S. Dollars. 

4. Payment Terms; Orders; Quotes; Interest. Payment shall be received by Discount Herbs & Vitamins, Inc. prior to DHV's acceptance of an order. Payment for the products in U.S. Dollars may be made by acceptable credit card, wire transfer, certified check, or some other prearranged payment method unless credit terms have been agreed to by Discount Herbs & Vitamins, Inc. Should an invoice be issued, invoices are due and payable within the time period stated on the invoice, measured from the date of the invoice. Discount Herbs & Vitamins, Inc. may ship and/or invoice parts of an order separately.  If DHV is unable to fill a portion of an order, DHV will credit Reseller for the unshipped portion of the order. Any quotations given by Discount Herbs & Vitamins, Inc. will be valid for the period stated on the quotation, or if no date is specified, until published list prices change. Reseller agrees to pay interest on all past-due sums at the highest rate allowed by law.  Reseller agrees to pay charges of $25 per check in the event of a dishonored check.  Reseller agrees to pay costs of collection, including attorney fees, if any.  Reseller may cancel any order without penalty before it has been shipped. 

5. Delivery. We will use all reasonable commercial efforts to meet your requested delivery dates, however, we do not guarantee delivery dates.  Our standard delivery in the U.S. is ground shipment.  If you request delivery faster than ground delivery, we may charge you a premium reflecting any additional cost to us.  U.S. deliveries shall be F.O.B. your location as identified on the Invoice.  We reserve the right to make shipments in installments.  Certain items may require backorders and any such backordered items will be shipped once available.  We may use our judgment in selecting the carrier for and manner of any shipment.  In no event shall we be responsible for any incidental or consequential or indirect damages due to any delay in deliveries or customs. Shipments made outside the U.S. will be made per Resellers instructions.  Shipments outside the U.S. shall be F.O.B. our location. Insurance shall be required.  Freight, insurance, duties and taxes shall be Resellers responsibility.

6. Taxes. If Reseller is located in California, reseller shall provide to Discount Herbs & Vitamins, Inc. a valid and correct Resale certificate applicable to the product ship-to location prior to Discount Herbs & Vitamins, Inc.'s acceptance of the order.  Reseller is responsible for sales and all other taxes associated with the order, except for taxes on Discount Herbs & Vitamins, Inc.'s net income.

7. Warranties, Disclaimers. SELLER MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE.  DHV does NOT guaranty the actual contents of the packages, the effectiveness of the contents, the nutritional claims and statements made on the packaging, or the completeness or accuracy of information on the DHV web site.   Refund of price paid or replacement of product is the exclusive remedy agreed to by DHV and Reseller.  DISCOUNT HERBS & VITAMINS, INC. SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THESE PRODUCTS.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, DISCOUNT HERBS & VITAMINS, INC. DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THESE PRODUCTS OR ANY PART THEREOF, AND ANY WARRANTY OF NON-INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS. 

Without limiting the foregoing, any warranty to the extent that it is made or deemed made, shall not apply to any Goods which have been subject to your improper storage, maintenance, alteration or other misuse, or to the extent damage or loss results as a consequence of subsequent shipment by you.  Your sole remedy, for breach of any warranties or otherwise, is to return the defective Goods to us and our only obligation, upon receipt and inspection of said Goods at our facility, is, at our option, to either replace such non-conforming Goods or to refund or credit the price paid by you for such non-conforming Goods. 

The following disclaimer, in substantially similar form, shall accompany any information provided by Discount Herbs & Vitamins, Inc, including information obtained from the web site www.discount-vitamins-herbs.net, that Reseller provides to their customers. 

“The information provided by Discount Herbs and Vitamins in any form is general in nature and is intended for use as an educational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of the products shown, nor is the information intended as medical advice or diagnosis for individual health problems or for making an evaluation as to the risks and benefits of using a particular product.  Reseller and their Customer should carefully read all product packaging. If Customer has or suspects that they have a medical problem, Customer should promptly contact their health care provider.  Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.”

8. Limitation of Liability. DISCOUNT HERBS & VITAMINS, INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. DISCOUNT HERBS & VITAMINS, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

9. Inspection, Acceptance.  You agree to inspect the Goods promptly upon receipt.  You shall notify us in writing of any nonconformity or defect or other claim within 5 days after delivery of the Goods, otherwise you will be deemed to have accepted the Goods and waived any rights to reject them.  The carrier is solely responsible for Goods lost or damaged in transit.  In the event of any such loss or damage, you must promptly notify us and the carrier in writing of such claim within 5 days of delivery.

10.  Correction to Invoices.  You agree to raise any objections to any Invoices or credit statements within 14 days from the date of the Invoice or statement, otherwise they will be deemed accepted by you.  Any request for proof of delivery must be made within 14 days from date of Invoice or statement.  All goods will be deemed to be received by you in the absence of your objections.  We reserve the right to make corrections to Invoices or statements, and will notify you in the event of such correction. 

11. Return Policies. In consideration of the low wholesale prices, no rights are granted for consignment or return of Goods. 

At our sole option, we may authorize returns.  Any returns may only be authorized in accordance with the following procedures.  a) You must obtain a return authorization and RMA number from our customer service department. b) In no event will returns be authorized more than 120 days after the Invoice date. c) Credit will only be issued for those goods specifically authorized for return. d) Returns must be received within 21 days after approval and must be returned in good and resaleable condition with any tamper-proof seals intact, without other alteration and with all price stickers and glue or residue removed.  e) Unless the return is to correct an error on our part, you will be required to pay the return freight.  Returned goods may be subject to a processing and inspection fee of 16% or more of the purchase price for the Goods.  f) Additional charges may be levied of between 50 and 100% of the purchase price of the returned Goods on account of faded packaging, broken bottles, price tags on labels or containers, or dented or otherwise damaged packaging.  g) You agree not to offset, or otherwise apply any credits, in respect of any returns against any amounts that may be due from you. 

12. Product Availability. Discount Herbs & Vitamins, Inc.'s policy is one of on-going product availability update and revision. Discount Herbs & Vitamins, Inc. may revise and discontinue products at any time without notice.

13. Insolvency and Default.  You represent and warrant that the submission of any order for and acceptance of any Goods shall be deemed a representation by you that you are not insolvent or otherwise unable to pay your debts as they come due.  We may cancel any order for Goods should you become insolvent or unable to pay your debts, make an assignment for the benefit of creditors, file for bankruptcy or should you default in your obligations under any prior order for Goods from us.  You agree to promptly notify us of any material change in your ability to pay the invoices when due, and to promptly and voluntarily return all Goods purchased from us, but not yet paid for if any of the above occurs. 

14.  Security Interest.  You grant to us a security interest in all of your rights, title and interest in and to all Goods, wherever located, together with all products and proceeds thereof (including insurance proceeds) to secure a) the purchase price for such Goods and all Invoices until paid for by you.  You agree to take all action which we deem reasonably necessary to perfect the security interest granted hereby and authorize us, and appoint us as your attorney, to execute and file, and ratify to the extent already filed, any financing statements in connection with the security interests granted hereunder. 

15. Remedies.  If you default in your obligations to pay the purchase price of any Goods or Invoice, or shall otherwise be in default of your obligations hereunder, in addition to any other remedies we may have, we may delay or cancel further shipments or terminate any order for Goods.  All such rights and remedies are cumulative and no delay or failure to enforce any such right or remedy shall constitute a waiver thereof.  In addition to all other rights and remedies we may have, we shall have the right to set off against any amounts owed by you to us any amounts or obligations which we may owe to you.  In the case of an overdue invoice, you grant to us the right to pursue any collection means we deem necessary, including use of a collection agency, reporting of your (negative) credit history with us, and use of a court of competent jurisdiction.  You agree to pay costs of collection, including court costs and reasonable attorney fees. 

You grant to us permission to report your credit history with us to credit bureaus or in order to effect collection of a debt, or with your specific permission to other credit grantors. 

15. Arbitration.  Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Discount Herbs & Vitamins, Inc., its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Discount Herbs & Vitamins, Inc.") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Discount Herbs & Vitamins, Inc.'s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Reseller and Discount Herbs & Vitamins, Inc. The arbitration shall be held in Los Angeles County, California at the office of Discount Herbs & Vitamins, Inc., by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.

16. Force Majeure.  We shall not be liable to you for non-performance due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood, war, riots, breakdown, labor disputes or shortages, delays in transportation, or restrictions imposed by federal, state, local, or foreign laws or regulations. 

17. Applicable Law. This agreement and any sales hereunder shall be governed by the laws of the State of California, without giving effect to the choice-of-law provisions thereof.  You agree to the exclusive jurisdiction of the courts located in Los Angeles County, California.  DHV and Reseller agree to comply with all applicable laws and regulations of the various states and of the United States.  Reseller agrees and represents that it is buying products for resale. 

18. Reseller Representations.  Reseller represents that they have adequate training, certification, and liability insurance to act responsibly as a nutritional product reseller.  Resellers outside the United States. represent that they are allowed to import nutritional supplements from the U.S.  Reseller shall not represent that there is any relationship between Reseller and Discount Herbs & Vitamins, Inc. other than that relationship defined by this contract. 

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Benfotiamine - Calcium - Coral Calcium - Ester-C - Folic Acid - Silicon - Strontium - Vitamin A - Vitamin B6 - Vitamin B12 - Vitamin C - Vitamin D - Vitamin E - Vitamin K

5-HTP - 7-Keto DHEA - Acai - Acetyl L-Carnitine  - Ageless Face, Ageless Mind - AHCC - Albizzia - Alpha-Lipoic Acid and R-Lipoic Acid - Aronia from Chokeberry - Astaxanthin - Avemar - Bacopa - Beta Glucan - Bilberry - Bioperine - Butterbur - Cetyl Myristoleate (CMO) - Chlorella: Sun, Yaeyama - Cinnamon - CLA - Coconut Oil - CoEnzymeQ10 - Curcumin from Turmeric - DHA Neuromins - Digestive Enzymes - Echinacea - Epicor -FenugreekFrench Maritime Pine Tree Bark - Garlic - Ginkgo Biloba -Glucosamine & Chondroitin - Goji Berry - Goldenseal - Grape Seed Extract - Green Tea - Guggulow - Hoodia - Horse Chestnut - Human Growth Hormone (HGH) - Hyaluronic Acid - Hydrogen (H-): The Fuel of Life - IP-6 - Krill Oil - Kudzu - L-Arginine - L-CarnitineL-Carnosine - L-Methylfolate - L-Tyrosine - Lutein - Lycopene - Mangosteen - Milk Thistle - Modified Citrus Pectin (MCP) - MSM - Mushrooms - N-Acetyl Cysteine (NAC) - Nattokinase - Neptune Krill Oil - Oil of Oregano - Oligonol - Omega-3 - DHA, EPA - Pepsin GI - Phosphatidyl Serine (PS) - Pinolenic Acid - Policosanol - Pomegranate - Prevagen - Probiotics - Probiotic Bacillus Coagulans - Psyllium Fiber - PycnogenolQuercetin - Red Yeast Rice - ReloraResveratrol - Rhodiola Rosea - Ribose - SAM-e - Saw Palmetto - Shower Water Filter - St. John's Wort - Stevia - Sytrinol - Thymic Protein AUbiquinol - Valerian - Vinpocetine

Age-Related Macular Degeneration - Air Pollution - Albizzia Helps Reduce Anxiety and Stress - Alzheimer Studies - Anxiety & Stress - Attentive Child - ADD, ADHD - Calorie Restriction Diet - Candida - Colon Cancer, Colitis, IBD - COX-2, Ibuprofen Side Effects, and Pain Management - Energy - Enzymes Support Digestion - Erectile Dysfunction - Gray Hair and Balding - Hair Growth and Male Pattern Baldness - Hearing - Homocysteine - Inflammation and Weight Loss - Immune - Life Force Multiple - Liver - Menopause - Men's Fertility - Mercury Cleansing - Milk Thistle and Liver Disease - Minor Pain and Inflammation - Omega-3 - Ultra Purity CO2 vs. Molecular Distillation - ORAC - Osteoporosis - Pain Relief - Parkinson's Disease CoenzymeQ10? - The Perricone Weight-Loss Diet - Relora Cortisol and Stress-Induced Eating - Senior's Health - Side Effects of Lipitor®, Zocor® and Statin Drugs  - The Sinatra Solution: for Heart Disease - Sinus and Allergy - St. John's Wort - Prozac® - Syndrome X - Tinnitus - Transitions for Menopause - Varicose Veins and Spider Veins  - The Wrinkle Cure for Youthful Skin

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Copyright © 2001-2010, Discount Herbs & Vitamins, Inc. All rights reserved.

These statements have not been evaluated by the Food and Drug Administration.
These products are not intended to diagnose, treat, cure, or prevent any disease.
Please consult a qualified medical practitioner for medical advice.