2025 Doomswell Terms / Domestic

 Doomswell Pre-Season Order Deadline- Oct 18, 2024 

2025 Doomswell Pre-Season Volume Discount

All Pre-Season orders NOT submitted by Oct 18th will revert to dealers original volume discount. 

Doomswell reserves the right to approve volume discounts for the remainder of the season and will be approved on a case by case basis.

Volume discounts are based on the total of dealer’s pre-season orders submitted by Oct 18th. Volume discount will be revoked if orders are not paid within terms.

2025 Payment Terms 

FREIGHT 

The Dealer will be responsible for 100% of the freight charges, including any delivery surcharges (e.g. liftgate)  and will be added to the final invoice unless prepaid by the dealer. Doomswell reserves the right to choose the carrier based on current rates and services. If the Dealer has a carrier of choice, Doomswell will consider carrier upon the carrier being prepaid and logistics managed by dealer. 

PRE-SEASON ORDER CHANGES, CANCELLATIONS, AND REFUSALS 

Changes to a pre-season order will not be honored within 1 week prior of the requested arrival date. Changes to a preseason order consisting of a 20% negative net change will result in the loss of volume discount for the remainder of the 2025 season. Changes in the positive direction in excess of 20% will be added as a new order. Cancellation requests must be in email form. All product refused at delivery are subject to 15% Restocking Fee. Dealer will remain responsible for all freight charges from the refused shipment. Any damaged in shipping or missing items brought to our attention after the 7 days from receipt of shipment, will not be the responsibility of Doomswell. All prices and programs are subject to change. 

2025 Doomswell Dealer Agreement

This Dealer agreement is made and entered into as of _______________ (date) between Doomswell, LLC, a Utah corporation whose physical address is Freeport West D5 Bay 3 Clearfield UT 84016; and (Dealer) whose address is __________________________________________________________________________. 

Dealer has submitted a Doomswell Dealership Application requesting Doomswell accept Dealer for the selling of Doomswell products on the terms and conditions contained in this Agreement.

Term 

This agreement is effective August 15th , 2025 until canceled in Paragraph G.

Both parties agree to the following;

 By this agreement Doomswell grants Dealer the non-exclusive right to sell certain Doomswell products (referred to as the “Products”) and only from the retail selling space at the location or locations approved and accepted by Doomswell. This agreement shall not give Dealer any rights to sell the Products at any other locations or off-site events, sales to individuals or entities which are likely to engage in transshipping, re-wholesaling or leasing, and any mail order. All such sales shall only be domestic sales (sales originated, finalized and shipped both from and to places located within the fifty states of the United States or Puerto Rico). Violations will result in loss of volume discount, allowances and/or termination of both Dealer and Electronic Commerce agreement. Internet sales are prohibited unless prior written approval is obtained from Doomswell. Dealer shall always maintain a place of business and display room satisfactory to Doomswell. In order to ensure that quality in sales and service is maintained, the Dealer agrees to deal only directly and in person with the Prospective or actual purchaser of the Products through direct personal contact at the Authorized Location. Dealer will use its best efforts to promote demand for and sale of the Products and will maintain adequate inventory, facilities and sales personnel for this purpose. Dealer will instruct its sales personnel on the Product, including all safety features and techniques so they may adequately demonstrate them to customers. The Dealer shall sell the Product subject only to the terms of the Doomswell Limited Warranty, as amended from time to time and make no representations or warranties to its customers with respect to the Product in addition to the Doomswell Limited Warranty

 The Authorized Retailer shall always be deemed a non-exclusive dealer of Doomswell products, and as such shall not be an agent, employee or representative of Doomswell, but rather shall be an independent contractor. The Authorized Retailer acknowledges the validity of all trademarks owned by Page 3 of 4 Doomswell. The Authorized Retailer shall do nothing which might prejudice or adversely affect the validity of those trademarks or their ownership. Upon termination of this Agreement, the Authorized Retailer shall discontinue and abandon the use of the name Doomswell and shall immediately cease to advertise or represent itself as a Doomswell Authorized Retailer. 

Dealer shall display the Water Sports Responsibility Code in a conspicuous location at Dealer’s place of business. Upon receipt of a written request from Dealer, Doomswell agrees that Dealer will be named additional insured under the terms and exclusions set forth in Doomswell one-million-dollar primary liability insurance policy for products liability claims. Such additional insured status will be limited to the claims and lawsuits which allege a Doomswell product sold by Dealer under this agreement was defective and that such defect was not due to any modification, alteration or otherwise due to any independent act or omission of Dealer

 Doomswell obligations under this Agreement are hereby expressly made subject to the complete and continued compliance by the Dealer with all credit terms, as set forth below and as reflected in the Credit Application provided by Doomswell. Such compliance will be reviewed by Doomswell prior to filling each order submitted by the Dealer and no such order will be filled unless Doomswell satisfies itself as to such compliance

All invoices from Doomswell shall be paid in accordance with their terms. Any and all amounts not paid when due shall lose all quantity and freight discounts and shall remain payable along with interest at the rate of two Percent (2%) per month or any part thereof, or the maximum rate allowed by law, whichever is less, commencing from the date such payment is due.  

The Dealer agrees to pay all costs of collection, including reasonable attorney’s fees incurred by Doomswell as a result of the failure of the Dealer to make payments to Doomswell when due. The parties agree and consent to the exclusive jurisdiction of the state and federal courts in and for Davis County, Utah.  Venue is proper solely in Davis County, Utah. Doomswell has the right to obtain, and the Dealer shall execute upon request, sufficient security agreements and financing statements on inventory and equipment of the Dealer in order to protect Doomswell interests.

All amounts payable at any time to Doomswell by the Dealer shall, at the option of Doomswell and upon written notification to the Dealer, become immediately due and payable in the event of: delinquency, insolvency or commencement of a proceeding in bankruptcy or reorganization by or against the Dealer, assignment for the benefit of creditors by the Authorized Retailer, any statement or representation made to Doomswell by the Dealer pertinent to its financial condition which is determined by Doomswell to be false or misleading.

The provisions of this item shall apply regardless of the termination of this agreement

This agreement constitutes the entire understanding of the parties and supersedes any prior agreements, written or oral, and shall be construed in accordance with the laws of the State of Utah. Past practice and course of dealings between the Parties shall not be used to amend the terms of this Agreement.

The failure of either party to require the performance of any term of this Agreement or the waiver by either party of any breach shall not prevent a subsequent enforcement of such term, nor be deemed a waiver of any subsequent breach. The Dealer agrees to pay any expenses incurred by Doomswell in connection with the enforcement or termination of this Agreement, including without limitation, attorneys’ fees and costs. 

This Agreement may not be assigned in whole or in part by the Authorized Retailer  without written approval of Doomswell. It is agreed by the parties that an assignment shall include a change of ownership or control.

Termination - Either party may terminate this Agreement with or without cause at any time on 30 days written notice to the other party; provided however, Doomswell may terminate this Agreement immediately upon Authorized Retailer's breach of this Agreement. 

In this Dealer Agreement, the Supplier may grant the Dealer the exclusive right to sell its products within a specified territory. This will be determined on a case-by-case scenario. During the agreement's term, the Supplier will not appoint other dealers in this territory. The Dealer is responsible for actively promoting and meeting sales targets. The Supplier can sell directly outside the territory and may terminate exclusivity for non-performance. Upon agreement termination, exclusivity ends, and the Dealer must stop using Supplier's branding. Specific territory details are available upon request.

Doomswell Boarding Co. Advertising Policy

All Doomswell Boarding Co. Retailers  

Doomswell Boarding Co. has worked vigorously to provide the retailer and just as important, the end user with the most  innovative, best marketed, team inspired hardgoods and soft goods in the marketplace. These products deserve and we  expect the best in service and representation of all Doomswell Boarding Co. products. Doomswell Boarding Co. has been established for the 2025 Season (8/15/2024 - 8/15/2025) as stated advertising policy. All Doomswell Boarding Co. retailers  must make advertising and MAP decisions based on the following:  

A. INTERNET AND ADVERTISING MAP PRICING 

All Retailers can advertise current Model Year products (Thru 8/15/2025) at the Doomswell Boarding Co. stated MAP price as set forth by the separate MAP Price Sheet. Doomswell Boarding Co. Sales Manager must approve any deviation of MAP in writing. 

Doomswell Boarding Co. reserves the right to sell on any e-commerce site such as Amazon and eBay ANY NON COMPETING sku that is not offered to our dealer network. 

Doomswell reserves the right to discount previous year model and color ways and are not subject to MAP pricing policies. Doomswell reserves the right to apply discounts to products from previous years once the designated MAP price end date for each year has passed.

B. ADVERTISING DEFINED 

Advertising encompasses the following marketing avenues in which the retailers intend is to increase sales and retailer awareness, Internet, E-Mail, letters, brochures/catalogs, flyers, newspapers, magazines, television, radio. In store communication and phone conversation does not follow under the guidelines for this policy. 

C. EXAMPLES OF MAP VIOLATIONS 

Violations in Advertising as defined above are as such “for better price please call”  “Receive X% off any Doomswell Boarding Co. product”. Anything  of the same vein will be considered a violation. 

Holiday MAP price deviation schedule. Doomswell Boarding co. and Dealers have the right to deviate 20% from MAP Pricing on current year  products on the week following up to these holidays:

Doomswell Boarding Co will not be responsible for loss of margin if the dealer choses to deviate from MAP on the above listed holidays. Example: if the dealer advertises a 10% discount on allowed holiday, Doomswell Boarding Co will not be obligated to give 10% off of any reorders due to the discounted sale. 

E. POLICY PERIOD 

This amendment to the Doomswell Boarding Co. Dealer agreement and Internet commerce agreement is to be enforced in parallel. Immediately through August 15th, 2025 Doomswell Boarding Co. reserves the right to change or amend this policy along with the Minimum Advertised Price at any time and will notify all retailers accordingly.

F. ENFORCEMENT 

If Doomswell Boarding Co. is made aware of any violation of the policy by any retailer, Doomswell Boarding Co. shall have the right to revoke Internet Sales and/or stop shipment of all unfulfilled orders for the period of 30 days. A second violation by the same retailer shall result in the loss of volume discount/allowances and/or termination of both Dealer and Internet Commerce Agreement. 

Reinstatement of Dealer and Internet Commerce Agreement will solely be decided by the President and Sales  Manager of Doomswell Boarding Co. 

I have read and understand the terms and conditions of this policy. I acknowledge that this constitutes the complete  agreement between the Dealer and Doomswell Boarding Co. I certify I am authorized to sign for and on behalf of the  Dealer and agree to be bound by the terms and conditions of this agreement.