Wholesale Application

Brief Terms: First order minimum: $300. Subsequent orders $200. Payment due before shipment of first 3 orders. Subsequent orders: Net 30 (Full terms below.) Shipping costs generally range between 10%-15% of order total. Orders may be placed by email or on website.

Please complete the form below. You will receive a reply within 48 hours.

Terms and Conditions
Thank you for your interest in Copper Hummingbird. We are pleased to welcome you to our family of customers. Because we take great pride in our unique, quality designs and in our customer service, our primary goal is to build a congenial, long-lasting, prosperous relationship with you and your company. By accessing and ordering from our wholesale site you are confirming that you are a legitimate retail business and that you agree to abide by the terms and conditions set forth below. Retailer license and website are required for US retailers.

Products
All of our products are custom crafted in the United States of America. We take great pride in our products. Dimensions for our products are approximate. Sizes and colors may vary slightly due to the variation in natural materials and the craftsmanship of handmade products.
Disclaimer: Those with metal allergies be aware that the metals we use are not treated.

Pricing
The most current price list supersedes any previous pricing or price lists. All prices are subject to change without notice.

Ordering
Our orders may be placed at trade shows, through our sales reps, by phoning in, emailing your order to our office, and through our website.

Opening Orders
For our opening order to comply with state law we must keep record of your resale certificate. A minimum $300 opening order is required to become a customer. First time orders and/or orders placed at a show are preliminary only and subject to final approval by Copper Hummingbird. Copper Hummingbird authorization and or a customer information sheet must be completed to be able to authorize and confirm initial orders. Minimum reorders are $200 with no product or style minimums. Copper Hummingbird reserves the right to cancel the proposed order within 6 weeks of the
discussed delivery date. Payment required before shipping. Visa, MasterCard, American Express and Business Check. International orders accept credit cards payments on Net 30 days will be considered after 3rd order is complete. Late payments will incur a 20% finance charge 10 days after invoice is due. Unpaid invoice will be submitted to collection agency 90 days past due. Copper Hummingbird reserves the right to change pricing & minimum orders. Notice will be given to purchaser before an order is billed if pricing has changed and option to opt out of order will be allowed if prices have changed. If paying by check, checks must be deposited and have cleared prior to shipment. Drop ship to customers requires upfront payment, shipping charges and $3 drop ship fee. Prices and minimums do not include shipping.

Reorders
The minimum reorder is $200.

Order Fulfillment
Fulfillment of orders and reorders requested ASAP is a maximum of 30 days. Shipments may occur sooner. If you require a faster delivery time than the promised ship date on order confirmation, a rush charge of 20% will apply. This delivery time does not apply to order placed at trade shows. A rush charge of 20% will be added to orders that require an interruption of our production calendar. Some substitutions may be made or items may be backordered and shipped upon availability. Any items that are missing from a shipment and appear on the invoice must be reported within 5 days of receipt of order. At that time we will re-ship missing items. If we have not been previously notified of missing items, customer is liable for amount due stated on invoice. Any items that are broken or defective as a result of a manufacturer defect must be reported within 5 days of receipt of order. Contact us immediately and we will discuss how to ship the product back to us so that we may assess the damage and fix the defective item. Any cancellations must be submitted in writing within 14 days of the order delivery date, and are subject to a restocking fee of 25%. Backorders In the event of an “Out of Stock” item, we will contact you and give you the option of keeping the order open until the specific item can be shipped or reselecting another item. No deliver charges will be charged for backordered items only. Backorders less than $25 will automatically be canceled.

Repairs
If requested within six months of purchase order, we will drop ship repairs directly to customers for free.

Special Orders
Special orders and custom combinations are not returnable, exchangeable, or refundable. We will drop ship individual items or special orders for a handling change of $4 plus a flat shipping rate.

Exclusivity
Exclusivity is at the discretion of Copper Hummingbird depending on volume of sales, territory covered, and frequency of reorders. It is our policy to work with each customer to ensure that we are in agreement about any potential overlapping territory issues. Additionally, we will make every effort to work with each customer to avoid stores that are near each other ordering duplicate designs or products. However, ultimately, it is each retailer’s choice as to what they will purchase from Copper Hummingbird.

Payment Options
Visa, Master Card, Discover, or American Express will be charged upon shipment. If paying by check, check must be deposited and cleared before merchandise will ship. If for any reason your check is dishonored, you agree to remit payment again for the amount of the check, plus a $40 NSF check fee.

Shipping and Handling
All domestic and international orders ship either USPS, Fed Ex or UPS depending on weight. We ship the least expensive way whenever possible. All orders ship from Tucson, AZ, USA. Insurance will be added to the cost of the shipping. International shipping prices do not include VAT, DUTY or any other customs fees. We use accurate pricing on our international invoices - no “gift” type used on customs forms.

Returned Goods
Returned items must be in re-sellable condition only. We reserve the right to refuse any items that do not meet this requirement. Returned items will not be credited to current or past invoices or outstanding balances. All claims for returned goods or adjustments must be made within 5 days of receipt of the order. No returns allowed without authorization.

Intellectual Property
Unless otherwise indicated, all Copper Hummingbird, materials, including, without limitation, the Copper Hummingbird logo, all designs, text, graphics, other files, and the selection and arrangement of, also termed the “look and feel,” are the proprietary and copyright protected property of Copper Hummingbird. You may electronically copy and print to hard copy portions of our website for the sole purpose of using materials it contains for information and non-commercial, personal use only. All reproduced material requires Copper Hummingbird copyright notice in the form of “© 2008-2019 Copper Hummingbird All Rights Reserved” to be displayed on the relevant page(s). Any other use of the materials in our website – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of Copper Hummingbird is strictly prohibited. Additionally, Copper Hummingbird strictly prohibits the improper use of its trademark. When selling Copper Hummingbird products, its mark should be accurately and prominently displayed at all times in connection with the product. Jurisdiction The terms of this agreement will be governed by the laws of the State of Arizona. The state and federal courts located in Pima County, Arizona will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, our website or any services provided by Copper Hummingbird. Each person who registers on this website consents irrevocably to personal jurisdiction in such courts with the respect to any matters and waives any defense of forum non conveniens. Furthermore, each person who registers on this website is deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this agreement, our website or any services provided by Copper Hummingbird. Assignment The rights and obligations created for you under this agreement may not be assigned to any other party. Force Majeure Copper Hummingbird and any of its employees shall not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Copper Hummingbird. Severance In the event that one or more of the provisions of this agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid. Complete Understanding These Terms and Conditions supersede any prior communication, representations or agreements between you and Copper Hummingbird and constitute the complete and final agreement related to the use of our website or any services provided by Copper Hummingbird. Updated September 2022