TERMS OF SALE (for wholesale orders)

BY PLACING AN ORDER FOR PRODUCTS FROM US, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

These Terms of Sale (these “Terms of Sale”) apply to the purchase and sale of products from Amagansett Sea Salt Co. (referred to as “us“, “we“, or “our” as the context may require). These Terms of Sale are subject to change by us without prior written notice at any time, in our sole discretion. You should review these Terms of Sale prior to purchasing products from us. Your continued placing of orders with us after the “Last Modified Date” shown at the end hereof will constitute your acceptance of and agreement to such changes and to these Terms of Sale.

Our Terms of Service and Privacy Policy are incorporated herein by reference and should be carefully reviewed before placing an order for our products. These Terms of Sale shall prevail in the event of any inconsistency between the provisions of these Terms of Sale and of our Terms of Service and Privacy Policy.

ORDERING TERMS

You agree that your order is an offer to buy all products listed in your order pursuant to the Terms of Sale. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders in our sole discretion.

PRICES

All prices, discounts, and promotions posted on our website or any pricelist or otherwise provided to you are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability; we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

PAYMENT

Payment is due when your order is shipped. We may, in our sole discretion, offer payment terms, including “Net 15-Days” and “Net 30-Days,” and may revoke such payment terms at any time without notice. As used herein, “Net 15-Days” and “Net 30-Days” means that the total outstanding amount of the invoice is due when our products are shipped and are expected to be paid in full within 15 or 30 days, respectively, and if not timely paid will be considered past due.

We accept payment by business check, ACH transfer and debit card payments from business banking accounts, and major credit cards. You may be responsible for our actual credit card processing charges incurred for payments made by credit card. If your payment is returned unpaid by your financial institution for insufficient funds or other reasons, we may charge a returned payment fee and any applicable late fees.

If you provide us with credit or debit card information, you represent and warrant that (i) such card information is true, correct and complete, (ii) you are duly authorized to use such card for purchases, (iii) charges incurred by you will be honored by your credit card company or debited from your bank account as applicable, (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order, and (v) you authorize us to charge any past due balance to such card. Such authorization shall remain in effect until expressly cancelled.

A late charge of 2% per month, not to exceed 24% per annum, simple interest, or the maximum rate allowed under the laws of the state of New York, will be added on past due balances computed from the date payment was first due. If an account becomes overdue or referred to a collection agency or an attorney for collection, you agree to pay all collection costs and costs of any such actions including reasonable attorney’s fees. Venue for such action shall be in Suffolk County, New York.

AUTHORIZED SALES CHANNELS

You may sell products purchased from us only through your own physical retail location(s) and/or branded online store. Products may not be listed, advertised, or sold on Amazon.com or through any third-party online marketplace, auction site, or ecommerce platform (including, without limitation, Walmart Marketplace, eBay, Etsy, or similar sites), whether directly or indirectly, without our prior written consent.

SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

We will arrange for shipment of the products to you. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed and we are not liable for any delays in shipments. In stock items usually ship within 7 business days from when your order is accepted, and you should receive your order with 5-7 business days from the date of shipment, depending on location. We ship via UPS Ground and US Postal Service Priority Mail or Ground Advantage unless otherwise specified.

RETURNS; SHIPPING DAMAGES

All sales are final. We are unable to accept returns for opened or unopened product, as it is not safe for us to let items re-enter our facility or to resell product once they have been received by a customer.

You are responsible to inspect your order carefully upon receipt and notify us of any damages. If the exterior packaging appears damaged, please photograph the box and packaging. Damages incurred during shipping must be reported within 48 hours of receipt of the product. If a product is damaged or defective, you must contact us prior to returning the item, and we will replace the item or provide a credit in our sole discretion. If any item is mis-shipped, you must contact us for a return authorization number (RA#). No returns of any type will be accepted without a RA#. Call 631-731-3053 or email us at info@amagansettseasalt.com to obtain an RA#. You bear the risk of loss during shipment of any returns. We therefore strongly recommend that you fully insure your return shipment against loss or damage.

OUR INTELLECTUAL PROPERTY

All trademarks, trade names, and logos, whether registered or unregistered, used by us with our products are the sole and exclusive property of Amagansett Sea Salt Co. (the "Intellectual Property"). No purchaser of products from us acquires any ownership in such Intellectual Property, and any goodwill derived from any third-party use of the Intellectual Property inures to our benefit. We grant any purchaser who is reselling products purchased from us a limited, non-exclusive, non-transferable, non-sublicensable license to use the Intellectual Property solely in connection with the promotion and advertising of the products for resale, subject to the following conditions: We may require you to cease all use of our Intellectual Property at any time for any reason or no reason; You may not use our Intellectual Property for any sales of products on www.amazon.com or on any other online commerce site, except to further the sale on your own wholly owned online commerce site of products you have purchased directly from us, without our express written authorization; You may not take any action that interferes with our rights in the Intellectual Property; You may not make any claim or take any action adverse to our ownership of the Intellectual Property; You may not register or apply to register our Intellectual Property, or confusingly similar intellectual property, anywhere in the world; You may not engage in any action that tends to disparage, dilute the value of, or reflect negatively on the products purchased from us; You may not or alter, obscure, or remove any Intellectual Property or other proprietary notices placed on the products purchased from us. You grant to us a royalty-free, non-exclusive, unlimited license to use, reproduce, distribute, and modify any materials that you make publicly available which include our products or Intellectual Property, including but not limited to social media posts on Instagram, Twitter Pinterest, and Facebook.

WARRANTY DISCLAIMERS

We do not provide any warranties with respect to the products offered. ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AMAGANSETT SEA SALT CO., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OR USE OF ANY PRODUCT FROM US, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED FROM US.

PRIVACY

We respect your privacy and are committed to protecting it. Our Privacy Policy, available at https://amagansettseasalt.com/policies/privacy-policy governs the processing of all personal data collected from you in connection with your purchase of products or services.

FORCE MAJEURE

No party shall be liable or responsible to the other party, nor be deemed to have defaulted for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): acts of nature; civil or military disturbances; acts of terrorism; strikes or labor disputes; epidemics; power failures; communications failures; governmental actions; and similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of sixty (60) days following written notice, either party may thereafter terminate any pending order by written notice to the other party.

ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

NO THIRD-PARTY BENEFICIARIES

These Terms of Sale do not and are not intended to confer any rights or remedies upon any person or entity other than you.

GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

WAIVER AND SEVERABILITY

No waiver by us of any term or condition set out in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Sale, our website’s Website Terms of Use, our Privacy Policy, any order confirmation or invoice and such other of our terms and policies named herein and incorporated by reference constitute the sole and entire agreement between you and us on the matters contained in these Terms of Sale and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the matters contained herein.

NOTICES

To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by personal delivery, overnight courier or registered or certified mail to you at the last known address we have on file.

To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by email to info@amagansettseasalt.com; or (ii) by personal delivery, overnight courier or registered or certified mail to: Amagansett Sea Salt Co., PO Box 1864, Amagansett, NY 11930. We may update the email address or address for notices to us by posting a notice on our website or by modifying these Terms of Sale. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Last Modified January 5, 2026