Authorized Reseller Application / Agreement BUSINESS ...€¦ · Buyer Contact Buyer Email....

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Tender Corporation d/b/a Adventure® Medical Kits d/b/a Genuine First Aid 944 Industrial Park Rd. Littleton, NH 03561 Authorized Reseller Application / Agreement Please fill out completely. Incomplete applications will not be processed. Note: Applications may take up to 5 days to process. BUSINESS CONTACT INFORMATION Company Name Business d/b/a (s) Type of Business Accounts Payable Contact Email Phone Fax Buyer Contact Buyer Email Preferred method of contact Email Phone No Preference Ship To Address City / Town State / Province Zip/Postal Code Bill To Address Same as above City / Town State / Province Zip/Postal Code Fed. ID/ Social Sec. # Date business commenced mm/dd/yyy Retail/Distribution Method(s) Brick & Mortar Retailer* Online Retailer Wholesale Distributor Other Would you like your physical location(s) listed on our dealer locator? ** Yes No *PLEASE SUBMIT 3 PICTURES OF YOUR STORE WHEN E-MAILING THIS FORM TO YOUR ACCOUNT MANAGER. **If you have multiple retail store locations that you would like added to our dealer locator, please send a spreadsheet (.xls, .xlsx, or .csv) containing addresses and phone numbers of all locations to your account manager." Primary Website (or N/A) ASI # Shipping Contact Name Phone Email Routing Guide If yes-please attach YES NO

Transcript of Authorized Reseller Application / Agreement BUSINESS ...€¦ · Buyer Contact Buyer Email....

  • Tender Corporation d/b/a Adventure® Medical Kits d/b/a Genuine First Aid 944 Industrial Park Rd.Littleton, NH 03561

    Authorized Reseller Application / Agreement

    Please fill out completely. Incomplete applications will not be processed. Note: Applications may take up to 5 days to process.

    BUSINESS CONTACT INFORMATION

    Company Name Business d/b/a (s)

    Type of Business

    Accounts Payable Contact

    Email

    Phone Fax

    Buyer Contact BuyerEmail

    Preferred method of contact

    Email Phone No Preference

    Ship To Address

    City / Town State / Province

    Zip/Postal Code

    Bill To Address Same as above

    City / Town State / Province

    Zip/Postal Code

    Fed. ID/ Social Sec. #

    Date business commenced mm/dd/yyy

    Retail/Distribution Method(s)

    Brick & Mortar Retailer*

    Online Retailer

    Wholesale Distributor

    Other

    Would you like your physical location(s) listed on our dealer locator? **

    Yes

    No

    *PLEASE SUBMIT 3 PICTURES OF YOUR STORE WHEN E-MAILING THIS FORM TO YOUR ACCOUNT MANAGER. **If you have multiple retail store locations that you would like added to our dealer locator, please send a spreadsheet (.xls, .xlsx, or .csv) containing addresses and phone numbers of all locations to your account manager."

    Primary Website (or N/A)

    ASI #

    Shipping Contact Name Phone Email

    Routing Guide If yes-please attachYES NO

  • Are you currently a reseller of any Tender brands? Yes No

    Please select each Tender brand that you currently sell

    Adventure® Medical Kits

    After Bite® The Itch Eraser®

    Natrapel® Insect Repellent

    S.O.L. Survive Outdoors Longer®

    Ben's® Tick and Insect Repellent

    QuikClot®

    Genuine First Aid®

    Other

    If your business is currently selling Tender brands, please indicate your method of purchasing inventory

    Direct Distributor(s)

    Both directly and through distributor(s)

    Other

    Please list which Authorized Distributors you purchase Tender products through

    Distributor

    Distributor

    Distributor

    Please list ALL associated web addresses for your business (including seller name on 3rd party websites). If none, type N/A.

    BUSINESS AND CREDIT INFORMATION

    Year of organization State of organization Annual Sales

    Resale Yes

    No

    DUNS#

    IF YES - A SALES & USE CERTIFICATE MUST BE COMPLETED & RETURNED WITH THIS APPLICATION

    BY STATE LAW WE ARE REQUIRED TO OBTAIN AN ACCURATE AND COMPLETE RESALE CERTIFICATE FOR OUR RECORDS BEFORE ANY TAX EXEMPT PURCHASES WILL BE ACCEPTED. A UNIFORM SALES & USE TAX CERTIFICATE – MULTIJURISDICTION HAS BEEN PROVIDED WITH THIS APPLICATION. IF YOUR BUSINESS IS LOCATED IN A STATE THAT REQUIRES A STATE SPECIFIC FORM, YOU MUST PROVIDE YOUR STATE’S APPROVED FORM AND RETURN IT WITH THIS APPLICATION.

    Line of Credit RequestedPreferred Terms: Open Terms Requested Credit Card Upon Shipment

    Entity Type # of doors Ticker Symbol

  • AGREEMENTS

    I understand that the information provided on this application is for the purpose of obtaining business credit from Tender Corporation and I acknowledge that Tender will rely upon this information for that purpose. I affirm that I am authorized in my capacity to bind my firm accordingly. I agree that all accounts or monies owed to Tender Corporation, shall be due and payable at their place of business, and that all past due accounts, notes or judgments shall automatically draw interest at the rate of 12% annually. I acknowledge that all terms are based upon the invoice date, and not the date I receive the merchandise.

    SIGNATURE: _________________ TITLE: DATE:

    Personal Guarantee: In consideration of Tender Corporation extending credit to the above named firm in reliance upon the information herein, I personally guarantee all indebtedness hereunder. I further agree that this guarantee is absolute, complete and continuing and that no notice of the indebtedness or any extension of credit already or hereafter contracted by or extended needs to be given. The terms may be rearranged, extended and/or renewed without notice to me, and that I will, within 5 days from that date of notice that the account is past due, pay the amount.

    SIGNATURE: _________________ TITLE: DATE:

    Accept Decline

    Accept Decline

    (Applicant may print this form and sign below)

  • Revised 10/22/2009 Page 1 of 4

    UNIFORM SALES & USE TAX CERTIFICATE—MULTIJURISDICTION

    The below-listed states have indicated that this form of certificate is acceptable, subject to the notes on pages 2-4. The issuer and the recipient have the responsibility of determining the proper use of this certificate under applicable laws in each state, as these may change from time to time.

    Issued to Seller: Tender Corporation d/b/a Adventure® Medical Kits d/b/a Genuine First Aid®

    Address: 106 Burndy Road, Littleton NH 03561

    I certify that: is engaged as a registered Name of Firm (Buyer): ____________________________ Wholesaler Address: _______________________________________ Retailer ______________________________________________ Manufacturer ______________________________________________ Seller (California) ______________________________________________ Lessor (see notes on pages 2-4) __________________________________________________ Other (Specify)_____________

    and is registered with the below listed states and cities within which your firm would deliver purchases to us and that any such purchases are for wholesale, resale, ingredients or components of a new product or service1 to be resold, leased, or rented in the normal course of business. We are in the business of wholesaling, retailing, manufacturing, leasing (renting) the following:

    Description of Business: _________________________________________________________________________________

    General description of tangible property or taxable services to be purchased from the seller: ____________________________

    ____________________________________________________________________________________________________

    State State Registration, Seller’s Permit, or IDNumber of Purchaser

    State State Registration, Seller’s Permit, or IDNumber of Purchaser

    AL1 ________________________________ MO16 _________________________________ AR ________________________________ NE17 _________________________________ AZ2 ________________________________ NV _________________________________ CA3 ________________________________ NJ _________________________________ CO4 ________________________________ NM4,18 _________________________________ CT5 ________________________________ NC19 _________________________________ DC6 ________________________________ ND _________________________________ FL7 _____________________________________ OH20 _________________________________ GA8 ________________________________ OK21 _________________________________ HI4,9 ________________________________ PA22 _________________________________ ID ________________________________ RI23 _________________________________ IL4,10 ________________________________ SC _________________________________ IA ________________________________ SD24 _________________________________ KS ________________________________ TN _________________________________ KY11 ________________________________ TX25 _________________________________ ME12 ________________________________ UT _________________________________ MD13 ________________________________ VT _________________________________ MI14 ________________________________ WA26 Please provide a copy of Resale PermitMN15 ________________________________ WI27 _________________________________

    I further certify that if any property or service so purchased tax free is used or consumed by the firm as to make it subject to a Sales or use Tax we will pay the tax due directly to the proper taxing authority when state law so provides or inform the seller for added tax billing. This certificate shall be a part of each order which we may hereafter give to you, unless otherwise specified, and shall be valid until canceled by us in writing or revoked by the city or state.

    Under penalties of perjury, I swear or affirm that the information on this form is true and correct as to every material matter.

    Authorized Signature: _______________________________________________________ (Owner, Partner or Corporate Officer)

    Title: ____________________________________________________________________

    Date: ____________________________________________________________________

    Instructions (Page 2, 3, and 4 of this Certificate Form) are appended to the end of this Agreement

  • Authorized Reseller Agreement Page 1 of 4

    Tender Corporation (“Tender”), d/b/a Adventure® Medical Kits, d/b/a Genuine First Aid®, is a manufacturer of innovative, high quality first aid and preparedness products for work, home, and adventure (“Products”). Tender Products are sold under numerous brand names (“Brands”) whichconsumers recognize for their quality, warranty, innovation, and customer support. Tender approves the applicant’s request to become an Authorized Reseller (“Authorized Reseller”) of Tender Products upon and commensurate with the applicant’s acknowledgement of, and agreement to, the terms and conditions contained in this document (“Authorized Reseller Agreement”). Therefore, Tender and Authorized Reseller, in consideration of the promises, covenants, and obligations herein, the sufficiency and receipt of which are acknowledged, mutually agree and promise as follows:

    1. Tender Corporation Duties and Responsibilities: Tender agrees and promises as follows:

    1.1. To supply certain Products to Authorized Reseller for resale into approved channels and only from authorized retail outlets and methods.

    1.2. To provide and/or make available certain promotional materials, trademarks, other intellectual property, and additional marketing tools to Authorized Reseller.

    1.3. To include Authorized Reseller on its list of Authorized Dealers as updated from time to time.

    1.4. To provide Customer Support to the Authorized Reseller and to their Customers. 1.5. To create, maintain, and enforce policies (“Policies”) which protect the Tender Brands from

    suffering erosion of their reputation and the diminishing of their recognition for quality. 1.6. To communicate in writing to Authorized Reseller all applicable Policies and all authorized

    retail outlets and methods.

    2. Reseller Duties and Responsibilities: Authorized Reseller agrees and promises as follows:2.1. To obey, and comply with, all applicable laws, regulations and all Tender policies

    (“Policies”) as they may be communicated from time to time. The current Policies are located at www.tendercorp.com/policies.

    2.2. To resell Product only through authorized retail outlets and methods. 2.3. To provide Tender with complete and current business information & disclose all locations

    that carry Tender Products throughout the term of Authorized Reseller relationship with Tender.

    2.4. To provide a level of sales support & customer support for customers that, at a minimum, demonstrate industry best practices.

    2.5. To represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation(s) of the Reseller, Tender, Tender’s Distributors and the Products.

    2.6. To only sell Tender Products in original packaging. Removing Tender products from packaging and reselling Tender products in a different packaging or under a different name is strictly prohibited.

    2.7. To advertise, promote, or sell to retail consumers only and not sell in bulk to other retailers, wholesalers, or freight forwarders/drop shippers.

    2.8. To only purchase Tender Products directly from Tender or Authorized Distributors. 2.9. To immediately upon receipt of Tender’s notice that Authorized Reseller (or a 3rd Party with

    whom Authorized Reseller does business) is in violation of any Tender Policy to assist Tender in resolving those issues to Tender’s satisfaction.

    2.10. To use Tender Trademarks only in the manner provided herein (and within other Tender Policy documents) or as directed by Tender.

    2.11. To maintain the confidentiality of all information designated as confidential by Tender.

  • Authorized Reseller Agreement Page 2 of 4

    3. Reseller Prohibited Activities: Authorized Reseller agrees that the following shall be strictly prohibited and enforcement against any violation will result in immediate termination of this agreement and all of Tender’s authorizations:

    3.1. Authorized Reseller shall not knowingly or negligently, directly or indirectly, advertise, promote, or sell any Tender Products outside of the United States of America (“U.S.”).

    3.2. Authorized Reseller shall not advertise, market, display, or demonstrate non-Tender products together with Tender Products in a manner that would create the impression that the non-Tender products are made by, endorsed by, or associated with Tender unless given express written permission by Tender.

    3.3. Authorized Reseller shall not use Tender Trademarks except as provided herein or as directed by Tender.

    3.4. Authorized Reseller shall not promote, market, advertise, offer to sell or sell any product on or through any online marketplace or auction service (e.g., ebay, Amazon marketplace or like websites), except as may be expressly consented to by Tender in writing and in advance, and it being understood that Tender may withdraw its consent at any time.

    4. Online & Electronic Reselling:

    4.1. In the event Tender authorizes online/e-commerce sales, Authorized Reseller’s authorization shall be strictly upon the terms and conditions herein and those contained within the written approval notification.

    4.2. Websites or other e-commerce enabled outlets may be allowed, after application and upon authorization form provided by Tender after successful application.

    4.3. Tender may withdraw its approval for any such web or electronic based resale at any time by mere notice to Authorized Reseller.

    4.4. When authorized herein; 4.4.1. Authorized Reseller may only take orders via publicly accessible e-commerce

    enabled web pages hosted on approved websites owned and operated by Authorized Reseller.

    4.4.2. Selling on 3rd party sites (eBay, Amazon, Alibaba, etc.), drop-ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or direct messages on forums is always strictly prohibited unless given explicit written permission by Tender.

    4.4.3. Authorized Reseller must ensure industry-standard e-commerce security and fraud protection measures are in place, including two-factor authentication, authorized territory shipping restrictions, and customer fraud resolution procedures.

    4.4.4. Authorized Reseller shall not re-SKU or bundle Tender Products in online assortments & data feeds without receiving prior written permission from Tender.

    5. Tender’s Trademarks & Brand Policy

    5.1. Reseller must represent themselves as a Tender Authorized Reseller in all online advertising & sales collateral.

    5.2. Setting up businesses, registering domain names, or social media usernames that contain any of Tender’s trademarks is strictly prohibited. To ensure compliance with Tender’s Authorized Reseller Agreement, Reseller must only use approved marketing materials for all Tender products.

  • Authorized Reseller Agreement Page 3 of 4

    5.3. Only images provided by Tender may be used to display the Product unless given written permission by Tender. Reseller shall not edit the Product Images in any way, other than proportional (locked aspect ratio) sizing unless given written permission by Tender.

    5.4. Reseller shall ensure that any data, Product images and Product descriptions displayed by the Reseller are the most-current versions of such provided by and comply with published Brand Guidelines.

    5.5. Tender grants Reseller a non-exclusive, non-transferable, non-sub-licensable license to use Tender’s logos, trademarks, and trade names, including any special logo that Tender may develop. THE LICENSE GRANTED BY THIS SECTION EXPIRES IMMEDIATELY UPON TERMINATION OF THIS AGREEMENT.

    6. Duration of Agreement6.1. Term: This Agreement shall be effective as of the date Authorized Reseller receives

    approval to participate in the Authorized Reseller Program, and shall continue indefinitely until terminated.

    6.2. Termination for Convenience or at Will: Either party may terminate the Agreement without cause upon thirty (30) days’ prior written notice to the other party.

    6.3. Termination for Breach: If Authorized Reseller materially breaches any provision of this Agreement Tender may terminate this Agreement with immediate effect, with or without prior notice. Either party may terminate this Agreement if the other party breaches any provision and fails to cure such breach within ten (10) days following receipt of written notice thereof.

    6.4. Effect of Termination: Upon termination or expiration, Tender, at its option, may repurchase any or all Product then in reseller’s possession at prices not greater than the prices paid by reseller for such Product, provided, however that any such repurchase of Product by Tender shall be contingent on reseller’s shipment of the Product (at Reseller’s expense) toTender’s warehouse, and on verification by Tender that the Product is in its original packaging and in new and immediately salable condition.

    7. Modification. At any time and without prior notice:7.1. Tender may modify any or all of the Tender Policies and rescind any or all of the approvals

    with each such modification or rescission becoming effective immediately, unless Tender notifies the Reseller in writing of another effective date and

    7.2. Tender may change any or all Products, in which case, 7.2.1. Tender may without liability or penalty cancel all pending orders (even if accepted) for

    changed Products and refuse to accept any orders for such item(s) and, 7.2.2. Reseller shall cancel all pending orders (even if accepted) for such changed Products

    and refuse to accept any new orders for such item(s).

    8. Inconsistent Terms

    In the event that Tender receives one or more documents or orders (or similar or related documents) which contain one or more provisions inconsistent with or in addition to the provisions of this Agreement: 8.1. Such document shall be governed by this Agreement instead of the inconsistent provision; 8.2. Each inconsistent or additional provision will be deemed stricken; and 8.3. No document will be deemed to be governed by any provision other than those herein,

    unless and until a written supplement is duly executed by both of the Parties which adopts such provision(s) for that particular instance.

  • Authorized Reseller Agreement Page 4 of 4

    8.4. Acceptance. At all times, Tender shall have the right to: 8.4.1. Accept, reject or, if already accepted by Tender, cancel one or more orders from the

    Reseller for any reason or no reason; 8.4.2. Allocate Products in such manner as Tender deems advisable; and 8.4.3. In the event that Tender should determine that one or more special credit restrictions

    (as defined by Tender) apply, impose such payment terms as Tender deems appropriate prior to doing either or both of the following: (i) accepting any or all new orders from or (ii) filling or completing any or all pending orders (even if accepted).

    9. Enforcement (Attorneys’ Fees and Injunctive Relief)

    Authorized Reseller agrees that in the event that Tender files any action(s) against the Authorized Reseller to enforce or defend any of the rights claimed by the Tender or files any response(s) to or in any action(s) brought against Tender by the Authorized Reseller, Tender shall be entitled: 9.1. To all costs of collection as may arise under this or any agreement between these parties. 9.2. To all Attorneys’ fees, costs, and litigation expenses (in addition to all legal and equitable

    awards and damages permitted by law) as well as any and all other relief as a court may award or order.

    9.3. In the event of any breach or threatened breach of Sections 2, 3, 4, or 5 of this Agreement, Authorized Reseller agrees that remedies at law alone will not be adequate. Therefore, Tender shall be entitled to all equitable relief (including, without limitation, entry of temporary and permanent injunctions and orders of specific performance) without the necessity of posting bond or other security. The enforcement remedies herein are cumulative and Tender shall in all cases be allowed to recover from the Authorized Reseller in each judgment, wholly or partially in favor of Tender, all remedies available.

    10. Miscellaneous.

    10.1. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of New Hampshire. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The courts of the State of New Hampshire shall have exclusive jurisdiction to adjudicate any dispute not resolved by arbitration. Whenever proceedings under this paragraph require physical presence, those proceedings shall take place within ninety (90) miles of Littleton, New Hampshire.

    10.2. Notice. All notices, requests, demands, consents or other communications given hereunder or in connection herewith shall be in writing and sent by hand delivery, overnight courier, or certified or registered mail, return receipt requested, postage prepaid, addressed to a Party at the address shown in the first paragraph of this Agreement or such other address as one party may notify the other in accordance with the foregoing.

    Each Party, intending this Agreement to be effective immediately upon acceptance and acknowledgment by both of them through this electronically distributed understanding, hereby submit this Agreement electronically to the other as if it were duly executed in writing and with the same legal force as if delivered by a signed written agreement by their duly authorized representatives.

  • By completing this application and selecting "Accept" below, you hereby represent and warranty that you have legal authority and are duly authorized to bind the entity listed above to the terms and conditions contained herein.

    Accept Decline

    By selecting "Accept", you acknowledge that you have read the Tender MAP Policy: http://www.TenderCorp.com/Tender-MAP-Policy-1_1_16.pdf

    Accept Decline

    By completing this application you hereby agree that this on-line submission of this application shall be binding and enforceable to the fullest extent possible as if it were signed by you and the business entity named above and that your selecting "Accept" below shall constitute your signatures hereon.

    Accept Decline

    (Applicant may print this form and sign below) Each Party, intending this Agreement to be effective immediately upon countersignature, has caused this Agreement to be executed by its duly authorized representative.

    Legal Business NameTender Corporation

    SIGNATURE: _____________________ SIGNATURE: _____________________

    PRINTED NAME:

    PRINTED NAME:

    DATE: mm/dd/yyyy

    DATE: mm/dd/yyyy

    http://www.TenderCorp.com/Tender-MAP-Policy-10_1_14.pdfhttp://www.TenderCorp.com/Tender-MAP-Policy-10_1_14.pdfhttp://www.TenderCorp.com/Tender-MAP-Policy-10_1_14.pdfhttp://www.TenderCorp.com/Tender-MAP-Policy-1_1_16.pdf

  • Revised 10/22/2009 Page 2 of 4

    INSTRUCTIONS REGARDING UNIFORM SALES & USE TAX CERTIFCATE

    To Seller’s Customers:

    In order to comply with the majority of state and local sales tax law requirements, the seller must have in its files a properly executed exemption certificate from all of its customers who claim a sales tax exemption. If the seller does not have this certificate, it is obliged to collect the tax for the state in which the property or service is delivered.

    If the buyer is entitled to sales tax exemption, the buyer should complete the certificate and send it to the seller at its earliest convenience. If the buyer purchases tax free for a reason for which this form does not provide, the buyer should send the seller its special certificate or statement.

    Caution to Seller:

    In order for the certificate to be accepted in good faith by the seller, seller must exercise care that the property or service being sold is of a type normally sold wholesale, resold, leased, rented or incorporated as a ingredient or component part of a product manufactured by buyer and then resold in the usual course of its business. A seller failing to exercise due care could be held liable for the sales tax due in some states or cities. Misuse of this certificate by seller, lessee, or the representative thereof may be punishable by fine, imprisonment or loss of right to issue certificate in some states or cities.

    _______________________________ Notes:

    1. Alabama: Each retailer shall be responsible for determining the validity of a purchaser’s claim for exemption.

    2. Arizona: This certificate may be used only when making purchases of tangible personal property for resale in theordinary course of business, and not for any other statutory deduction or exemption. It is valid as a resale certificateonly if it contains the purchaser’s name, address, signature, and Arizona transaction privilege tax (or other statesales tax) license number, as required by Arizona Revised Statutes § 42-5022, Burden of proving sales not at retail.

    3. California: A. This certificate is not valid as an exemption certificate. Its use is limited to use as a resale certificatesubject to the provisions of Title 18, California Code of Regulations, Section 1668 (Sales and Use Tax Regulation 1668, Resale Certificate).

    B. By use of this certificate, the purchaser certifies that the property is purchased for resale in the regular course of business in the form of tangible personal property, which includes property incorporated as an ingredient or component part of an item manufactured for resale in the regular course of business.

    C. When the applicable tax would be sales tax, it is the seller who owes that tax unless the seller takes a timely and valid resale certificate in good faith.

    D. A valid resale certificate is effective until the issuer revokes the certificate.

    4. The state of Colorado, Hawaii, Illinois, and New Mexico do not permit the use of this certificate to claim a resaleexemption for the purchase of a taxable service for resale.

    5 Connecticut: This certificate is not valid as an exemption certificate. Its use is limited to use as a resale certificatesubject to Conn. Gen. State §§12-410(5) and 12-411(14) and an regulations and administrative pronouncementspertaining to resale certificates.

    6. District of Columbia: This certificate is not valid as an exemption certificate. It is not valid as a resale certificateunless it contains the purchaser’s D.C. sales and use tax registration number.

    7. Florida: The Department will allow purchasers to use the Multistate Tax Commission’s Uniform Sales and Use TaxCertificate-Multijurisdiction. However, the use of this uniform certificate must be used in conjunction with thetelephonic or electronic authorization number method described in paragraph (3)(b) or (c) of rule SUT FAC 12A-1.039..

    8. Georgia: the purchaser’s state of registration number will be accepted in lieu of Georgia’s registration number whenthe purchaser is located outside Georgia, does not have nexus with Georgia, and the tangible personal property isdelivered by drop shipment to the purchaser’s customer located in Georgia.

    Continued from page 4

    To submit application / agreement and certificate to your account manager, please return to page 9 and click submit.

  • Revised 10/22/2009 Page 3 of 4

    9. Hawaii allows this certificate to be used by the seller to claim a lower general excise tax rate or no general excisetax, rather than the buyer claiming an exemption. The no tax situation occurs when the purchaser of imported goodscertifies to the seller, who originally imported the goods into Hawaii, that the purchaser will resell the importedgoods at wholesale. If the lower rate or no tax does not in fact apply to the sale, the purchaser is liable to pay theseller the additional tax imposed. See Hawaii Dept. of Taxation Tax Information Release No. 93-5, November 10,1993, and Tax Information Release No. 98-8, October 30, 1998.

    10. Use of this certificate in Illinois is subject to the provisions of 86 Ill. Adm. Code Ch.I, Sec. 130.1405. Illinois does nothave an exemption on sales of property for subsequent ease or rental, nor does the use of this certificate forclaiming resale purchases of services have any application in Illinois.

    The registration number to be supplied next to Illinois on page 1 of this certificate must be the Illinois registration orresale number; no other state’s registration number is acceptable.

    “Good faith” is not the standard of care to be exercised by a retailer in Illinois. A retailer in Illinois is not required todetermine if the purchaser actually intends to resell the item. Instead, a retailer must confirm that the purchaser hasa valid registration or resale number at the time of purchase. If a purchaser fails to provide a certificate of resale atthe time of sale in Illinois, the seller must charge the purchaser tax.

    While there is no statutory requirement that blanket certificates of resale be renewed at certain intervals, blanketcertificates should be updated periodically, and no less frequently than every three years.

    11. Kentucky: 1. Kentucky does not permit the use of this certificate to claim a resale exclusion for the purchase of ataxable service.

    2. This certificate is not valid as an exemption certificate. Its use is limited to use as a resale certificatesubject to the provisions of Kentucky Revised Statute 139.270 (Good Faith).

    3. The use of this certificate by the purchaser constitutes the issuance of a blanket certificate inaccordance with Kentucky Administrative Regulation 103 KAR 31:111.

    12. Maine does not have an exemption on sales of property for subsequent lease or rental.

    13. Maryland: This certificate is not valid as an exemption certificate. However, vendors may accept resale certificatesthat bear the exemption number issued to a religious organization. Exemption certifications issued to religiousorganizations consist of 8 digits, the first two of which are always “29”. Maryland registration, exemption and directpay numbers may be verified on the website of the Comptroller of the Treasury at www.marylandtaxes.com.

    14 Michigan: Effective for a period of three years unless a lesser period is mutually agreed t and stated on this certificate. Covers all exempt transfers when accepted by the seller in “good faith” as defined by Michigan statute.

    15. Minnesota: A. Does not allow a resale certificate for purchases of taxable services for resale in mostsituations.

    B. Allows an exemption for items used only once during production and not used again.

    16. Missouri: A. Purchases who improperly purchase property or services sales tax free using this certificate may be required to pay the tax, interest, additions to tax or penalty.

    B. Even if property is delivered outside Missouri, facts and circumstances may subject it to Missouri tax, contrary to the second sentence of the first paragraph of the above instructions.

    17. Nebraska: A blanket certificate is valid 3 years from the date of issuance.

    18. New Mexico: For transactions occurring on or after July 1, 1998, New Mexico will accept this certificate in lieu of aNew Mexico nontaxable transaction certificate and as evidence of the deductibility of a sale tangible personalproperty provided:

    a) this certificate was not issued by the State of New Mexico;b) the buyer is not required to be registered in New Mexico; andc) the buyer is purchasing tangible personal property for resale or incorporations as an ingredient or component part

    into a manufactured product.

    To submit application / agreement and certificate to your account manager, please return to page 9 and click submit.

    http://www.marylandtaxes.com/

  • Revised 10/22/2009 Page 4 of 4

    19. North Carolina: This certificate is not valid as an exemption certificate or if signed by a person such as a contractorwho intends to use the property. Its use is subject to G.S. 105-164.28 and any administrative rules or directives pertaining to resale certificates.

    20. Ohio: A. The buyer must specify which one of the reasons for exemption on the certificate applies. This may be done by circling or underlining the appropriate reason or writing it on the form above the state registration section. Failure to specify the exemption reason will, on audit, result in disallowance of the certificate.

    B. In order to be valid, the buyer must sign and deliver the certificate to the seller before or during the period for filing the return.

    21. Oklahoma would allow this certificate in lieu of a copy of the purchaser’s sales tax permit as one of the elements of“properly completed documents” which is one of the three requirements which must be met prior to the vendorbeing relieved of liability. The other tow requirements are that the vendor must have the certificate in his possessionat the time the sale is made and must accept the documentation in good faith. The specific documentation requiredunder OAC 710-:65-7-6 is:

    A) Sales tax permit information may consist of:(i) A copy of the purchaser’s sales tax permit; or(ii) In lieu of a copy of the permit, obtain the following:

    (I) Sales tax permit number; and (II) The name and address of the purchaser;

    B) A statement that the purchaser is engaged in the business of reselling the articles purchased;C) A statement that the articles purchased are purchased for resale;D) The signature of the purchaser or a person authorized to legally bind the purchaser; andE) Certification on the face of the invoice, bill or sales slip or on separate letter that said purchaser is engaged in

    reselling the articles purchased.

    Absent strict compliance with these requirements, Oklahoma holds a seller liable for sales tax due on sales where the claimed exemption is found to be invalid, for whatever reason, unless the Tax Commission determines that purchaser should be pursued for collection of the tax resulting from improper presentation of a certificate.

    22. Pennsylvania: ______________________________________________________________ This certificate is notvalid as an exemption certificate. It is valid as a resale certificate only if it contains the purchaser’s Pennsylvania Sales and Use Tax eight-digit license number, subject to the provisions of 61 PA Code §32.3.

    23. Rhode Island allows this certificate to be used to claim a resale exemption only when the item will be resold in thesame form. They do not permit this certificate to be used to claim any other type of exemption.

    24. South Dakota: Services which are purchased by a service provider and delivered to a current customer inconjunction with the services contracted to be provided to the customer are claimed to be for resale. Receipts fromthe sale of a service for resale by the purchaser are not subject to sales tax if the purchaser furnishes a resalecertificate which the seller accepts in good faith. In order for the transaction to be a sale for resale, the followingconditions must be present:

    (1) The service is purchased for or on behalf of a current customer;(2) The purchaser of the service does not use the service in any manner; and(3) The service is delivered or resold to the customer without any alteration or change.

    25. Texas: Items purchased for resale must be for resale within the geographical limits of the United States, itsterritories and possessions.

    26. Washington: Resale certificates will be replaced by reseller permits issued by Department of Revenue, effectiveJanuary 1, 2010.

    27. Wisconsin allows this certificate to be used to claim a resale exemption only. It does not permit this certificate to beused to claim any other type of exemption.

    To submit application / agreement and certificate to youraccount manager, please return to page 9 and click submit.

    Authorized Reseller Application_Agreement Uniform Sales and Use Certificate-1_2009 1Online Reseller AgreementUniform Sales and Use Certificate Instructions

    Company Name_IMbxXnX4cNp2s5q0aNTnhw: Business d/b/a (s)_mzKNGQzMjjHjBHfNUf8RaQ: Type of Business_zGyx7SY0u-u2k0dTZlhv8g: [ ]Accounts Payable Contact_JAQmpJGn8DwKRLJUtsl3QQ: Email_eCuMboZB6zL4YRA4*38bEw: Phone_fqJ0edHMHsAeysBqVupQ0w: Fax_3vplqzg6p5jv6MKf1Xl1Jg: Buyer Contact_KcN5u2M6p7ZzxtwZbMsftw: BuyerEmail_lfCR*xhUvt2f55x5h0-dDA: Preferred method of contact_Orau4Az9l65N6VAZBDYFWA: OffShip To Address_u1aJeHDbaEWXmtaSqGWB0g: City / Town_I*iudvBjzCfU4o*nq34g7g: State / Province_1D5DHzW3z7-gRdMLvbsOuw: []Zip/Postal Code_Frd8GPx-W3riUX3cfaj*uA: Bill To Address_cK9Rs2r3VZPbuHYoyeecCw: Same as above_s2j1B7Ivq-VVYY8k*k8*7g: OffCity / Town_KiDckSS21gTzjFsDandkTw: State / Province_c5HDquoyiaPXZlXBBQUWTA: []Zip/Postal Code_AvU0guWN0W8I-aYqbIoA7g: Fed_ ID/ Social Sec_ #_LR11FadZ*IukLF1B1nkO3A: Date business commenced mm/dd_xVksUZY9GE1OhzvSRVTQ0A: Retail/Distribution Method(s)_0_mDz4MSD3pj2Hdo24Jk0XCA: OffRetail/Distribution Method(s)_1_mDz4MSD3pj2Hdo24Jk0XCA: OffRetail/Distribution Method(s)_2_mDz4MSD3pj2Hdo24Jk0XCA: OffRetail/Distribution Method(s)_3_mDz4MSD3pj2Hdo24Jk0XCA: OffRetail/Distribution Method(s)_edit;_mDz4MSD3pj2Hdo24Jk0XCA: Would you like your physical l_lvwd*9EVSq8uS-aVXg8cKA: OffPrimary Website (or N/A)_cVC4pZoeb9aE6oBiNAptSg: Column1_mA0o6H*MhitwNeUR*wvQ7Q: OffPlease select each Tender bran_0_KPZegunLQgtBRpxrmA6vYw: OffPlease select each Tender bran_1_KPZegunLQgtBRpxrmA6vYw: OffPlease select each Tender bran_2_KPZegunLQgtBRpxrmA6vYw: OffPlease select each Tender bran_3_KPZegunLQgtBRpxrmA6vYw: OffPlease select each Tender bran_4_KPZegunLQgtBRpxrmA6vYw: OffPlease select each Tender bran_5_KPZegunLQgtBRpxrmA6vYw: OffPlease select each Tender bran_6_KPZegunLQgtBRpxrmA6vYw: OffPlease select each Tender bran_7_KPZegunLQgtBRpxrmA6vYw: OffPlease select each Tender bran_edit;_KPZegunLQgtBRpxrmA6vYw: If your business is currently _QFEn*rYWOisdOcCXxQQ9Fg: OffIf your business is currently _edit;_QFEn*rYWOisdOcCXxQQ9Fg: Distributor_VPFMGpMrvAc*3Z6GAyEHXg: Distributor_EmoQpauqF-sLYy-kwJ-LIg: Distributor_VTh06qyvZwb8cg*-MSFTAQ: Please list ALL associated web_8LGYfdqnna4Bp*q604PCNw: Year of organization_el-iEhOOzr-5iTsDibDDug: State of organization_Rt98*lfASaTw9A*4tgZF5g: []Annual Sales_mCEQQBwu7ZJDMl-VQ*z-Dg: Resale_WCpHTLPVQ18oAem2dev8ZA: OffDUNS#_MPicY5uFJoQiC84YV1h4oA: TITLE:_YRiYLwicXYRCpMh3gs6HKg: DATE:_5es6K5gSXd*wS7rf34LlwA: TITLE:_xBhwxVXsg4rb3-KcoJiMxw: DATE:_Pk9Y7SXTB9XXY4acYSbXsQ: By completing this application_-nDgLTNgWWh1WynlaPEKHw: OffBy selecting _Accept_, you ack_KkFD-iP*NMoTxUnYgPVWvw: OffBy completing this application_GYyKKgEBxYyjLU7NyYE0MQ: OffLegal Business Name_vf4RyDzjtgP7s1bM3n1Cww: PRINTED NAME:_z9DEF-T-fXnXGEYpIGfFDw: PRINTED NAME:_sPWuDYSg8Les94nB9Qhg2g: DATE: mm/dd/yyyy_uOrhzvAEYgRu6OS6ctwUdw: DATE: mm/dd/yyyy_44VlWWQlkHLkCPT851wGDA: fc-int01-generateAppearances: submit: Line of Credit Requested_jDTgd8R17HF389Et6ybQSQ: Preferred terms: OffDecline: OffAccept: OffDecline 2: OffAccept 2: OffText1: Text2: Text3: Text4: YES: OffNO: OffText6: Text7: Text8: Button9: