SUNSTONE DEALER AGREEMENT

 

DEALER AGREEMENT

This Dealer Agreement (“Agreement”) is entered into by and between the Distributer and the Dealer (collectively, “the Parties”), effective as of the date of mutual acceptance.

---

Purpose and Scope

This Agreement sets forth the terms and conditions under which the Dealer is authorized to market, sell, and support the Distributer's branded products. The Parties acknowledge that all products, designs, trademarks, logos, and related materials remain the exclusive property of the Manufacturer and may be used by the Dealer only in accordance with the terms of this Agreement.

The intent of this Agreement is to establish a professional and mutually beneficial business relationship founded upon good faith, accuracy in representation, and compliance with the Distributer’s brand and quality standards.

By signing below or electronically accepting this Agreement, both Parties acknowledge that they have read, understood, and agree to be bound by its terms and conditions.

1. Term, Limitations, and Termination

The term of this Agreement is twelve (12) months from the date it is accepted by both DEALER and SUNSTONE®. This Agreement shall automatically renew for successive one-year terms unless either party provides thirty (30) days’ prior written notice of non-renewal or termination.

SUNSTONE® may issue written revisions to this Agreement from time to time. Such revisions will be provided to DEALER and, upon notice, will supersede prior versions. Continued placement of orders or acceptance of shipments by DEALER after receipt of notice constitutes acceptance of the revised terms.

DEALER shall immediately discontinue any representation or business practice that SUNSTONE® determines to be misleading or deceptive, upon SUNSTONE’s written notice.

DEALER has no authority to bind SUNSTONE® with respect to quantities, delivery dates, product modifications, suitability, or warranty terms without SUNSTONE’s prior written confirmation. DEALER shall indemnify and hold SUNSTONE® harmless from any liability, claim, or expense arising from any unauthorized commitment, representation, or warranty made by DEALER.

---

2. Dealer Requirements

• Any online e-commerce store selling SUNSTONE® products must have been live for at least one (1) year.

• If selling via multi-vendor platforms (e.g., Amazon, eBay, Sears), DEALER must also maintain a separate stand-alone website for SUNSTONE® products; product pages may not simply forward to the multi-vendor listing.

• E-commerce sites must have a clear focus on Outdoor Living products. Sites that merely “list” general goods with minimal category focus are not approved.

• DEALER must feature the SUNSTONE® logo and accurately identify SUNSTONE® as a supported manufacturer.

---

3. Responsibilities

DEALER agrees to:

• Know the SUNSTONE® products offered and ensure staff training using SUNSTONE® product manuals and specification sheets.

• Educate customers on the proper use of installed products (e.g., grills, refrigeration, cabinetry, components, sinks, bar centers, ice chests).

• Provide basic customer service and first-line technical support, including coordinating any post-installation parts or service needs with the customer; SUNSTONE® will provide back-end technical support.

• Ensure customers inspect all packages at delivery for damage or shortage (see Section 7).

• Follow all installation instructions in the product manuals, including compliant LP/NG hookups and safety clearances.

---

4. Minimum Advertised Price (MAP)

During the term of this Agreement, DEALER shall not advertise SUNSTONE® products below SUNSTONE’s MAP. Any violation may result in termination of this Agreement.

Prohibited circumventions include, without limitation: bundling with non-SUNSTONE® incentives, offering free or discounted accessories, rebates, “no-charge” third-party products tied to a SUNSTONE® sale, or any other promotion designed to effectively reduce the advertised price below MAP.

SUNSTONE® may offer pre-configured, discounted packages that DEALER may advertise and sell as provided. DEALER may not create custom packages that net a price below MAP for any included MAP-controlled item.

Products without MAP (e.g., certain parts, covers, and accessories) may be grouped into packages at DEALER’s discretion.

---

5. Exclusivities

At its sole discretion, SUNSTONE® may grant territorial or channel exclusivities. DEALER must request any exclusivity in writing, and any grant must be expressly confirmed in writing by SUNSTONE®.

---

6. Price Changes

SUNSTONE® may change prices with thirty (30) days’ prior written notice. Prices in effect on the date of notice shall apply to orders received before the effective date of the change. SUNSTONE® may impose immediate price adjustments to any DEALER in material breach of this Agreement.

---

7. Inspection and Acceptance

A. SUNSTONE® Freight Accounts (LTL/Truck Freight)

• Receiver must inspect the shipment at delivery and note all visible damage or shortages on the Delivery Receipt before the driver departs.

• SUNSTONE® will investigate reported shortages/defects/damages and will send no-charge replacements when validated.

• For LTL freight, it is advisable to write “Not inspected for concealed damage” on the paperwork upon acceptance.

B. Dealer Freight Accounts

• If shipment moves on DEALER’s freight account, SUNSTONE® is not responsible for freight damage or loss.

C. Claims Process and Timing

• Do not reject the shipment.

• Within 48 hours of delivery, notify SUNSTONE® of damages/concerns and provide photos (product, outer carton, packing material) referencing the invoice or PO number to [email protected] Retain all packing materials.

• Typical timelines: FedEx/UPS claims may resolve in ~14 business days; LTL claims may require up to 120 calendar days. SUNSTONE® will attempt to accommodate replacement requests prior to carrier resolution but cannot guarantee advance replacements.

D. Delivery Level
All LTL deliveries are curbside unless White Glove service is purchased. By signing the Delivery Receipt without damage notations, the receiver accepts goods in good condition. Reports must be made within 48 hours; after that window, claims generally cannot be filed and the receiver may be responsible for repairs or replacements. Leaving a note for delivery without presence is treated as signature without exception.

---

8. Exchange and Return

Exchanges or refunds may be requested within sixty (60) days of purchase only if the product is new/unused (not installed) and returned in original, undamaged packaging.

• If packaging is damaged, a 15% repackaging fee applies.

• Damaged or installed products are not eligible for return.

• (Where applicable, obtain a return authorization per SUNSTONE® instructions.)

---

9. Payment

SUNSTONE® may charge a 5% administration fee for late payments. Acceptable payment methods include check, money order, cashier’s check, Visa, MasterCard, and Discover.

---

10. Cancellations

If DEALER cancels an order after submission, DEALER shall reimburse SUNSTONE® for all costs incurred by SUNSTONE® prior to receipt of the cancellation notice.

---

11. Technical Support

SUNSTONE® will cover the reasonable cost of a third-party service technician within the first thirty (30) days from the purchase date under SUNSTONE’s “Quality Assurance Guarantee,” provided a SUNSTONE® representative confirms the issue arises from the product itself.

Issue Confirmation Checklist

1. Written description of the issue.

2. Photos of the installed product relevant to the issue.

3. Phone conversation with the end user for faster diagnosis.

4. Availability of DEALER staff (or capable end user) on-site to perform basic tests as directed.

5. If parts are required, SUNSTONE® will ship parts to the residence before the technician’s visit.

What the 30-Day QA Guarantee Does Not Cover

1. Product installation of any kind.

2. Utility installation (gas/water) or advice beyond SUNSTONE® manuals/specifications.

3. Assembly beyond what is shown in SUNSTONE® manuals/specifications.

4. Product adjustments considered part of installation/setup (e.g., burner venturi bolts, knob/valve centering, rotisserie setup, handle fixes, and similar adjustments).

5. Gas pressure/volume issues (these are gas line installation matters).

6. Regulator for hard-line LP connections (grills include NG or 25-lb LP tank regulator; hard-line LP requires a medium-pressure LP regulator, not supplied).

7. Connection/installation of electrical transformer for LED or halogen lighting.

8. Surface cleaning or superficial rust staining. SUNSTONE® provides cleaning guidance and recommended protectants. A paid factory cleaning service is available (customer ships to SUNSTONE®; if cleaning fails, SUNSTONE® may replace the affected component and pay return freight). Acid/chemical damage from harsh cleaners is excluded.
   Note: Superficial rust can occur in 304 stainless steel, often within the first 30 days of outdoor exposure.

---

12. Product Warranties

Warranty terms vary by product; refer to each product’s specific written warranty. For any warranty replacement, a purchase receipt from the selling company is required to verify purchase date and original purchaser.

• Warranties extend to the original purchaser only (not transferable).

• Replacement of a part under warranty does not renew or extend the original warranty term.

• Unless expressly stated otherwise, warranties typically cover parts only and exclude shipping and installation costs.

• BBQ grills — small parts (e.g., lights, igniters, valves, knobs, wires, rotisserie motors/rods): one (1) year.

• Stainless-steel housings/structures of BBQ components: Limited Lifetime Warranty against manufacturing defects only (excludes normal wear, burn-through, cracks, or other usage-related effects).

• Gas burners: Limited Lifetime Warranty against manufacturing defects plus a three (3) year one-time replacement guarantee for normal wear, burn-through, cracks, or other usage damage.

Warranty Validation Requirements
All products must be properly installed per SUNSTONE® manuals. Customers must submit: (i) original purchase invoice (line-iteming the products purchased), and (ii) installation photos. SUNSTONE® will verify ventilation, clearances, absence of partition walls or shelves under the grill, distances from combustibles, and correct gas regulator/hookups. Non-conforming installations may void the warranty.

---

13. Proprietary Information

Each party shall keep confidential any proprietary information disclosed by the other on a confidential basis and so identified at the time of disclosure. This obligation survives for five (5) years after expiration or termination. This Agreement grants no license under any SUNSTONE® patent or other IP. DEALER shall not manufacture or modify SUNSTONE® products.

---

14. New Orders

Submit all new orders to [email protected]. Orders may be submitted by invoice or text. SUNSTONE’s order department will process requests within 1–2 business days (Mon–Thu) and reply with shipping costs.
For new online stores, prepayment is required. Additional terms may be offered after SUNSTONE® evaluates account history.