Trade Account Terms & Conditions

Pond Kinetics: Trade Account Terms & Conditions

1. Introduction and Definitions These Trade Terms and Conditions ("Agreement") govern the business-to-business (B2B) relationship between Pond Kinetics ("we," "us," or "our") and the approved trade account holder ("you," "your," or "Stockist"). By applying for and operating a Pond Kinetics Trade Account, you agree to be bound by these terms.

  • Wholesale/Stockist: A partner purchasing physical stock in bulk subject to Minimum Order Quantities (MOQs).

  • Drop-Ship Partner: A partner selling our goods where we dispatch directly to the end-user.

  • RRP: Recommended Retail Price as set by Pond Kinetics.

2. Account Application and Vetting

  • 2.1 Trade accounts are strictly reserved for verified aquatic businesses (e.g., retail koi shops, pond builders, landscapers, and online aquatic retailers). We do not sell wholesale to the general public.

  • 2.2 All applications are manually reviewed. We reserve the right to accept, reject, or revoke trade account status at any time, without prior notice, to protect our brand and existing stockist network.

3. Pricing and RRP Enforcement (Minimum Advertised Price)

  • 3.1 To protect the margins of our entire trade network, all Stockists must strictly adhere to our published RRP.

  • 3.2 You may not advertise Pond Kinetics products (including the MIZU Series, Titan Aerators, Flow Genie, or Air Guard systems) below the current RRP on any public-facing platform, including websites, social media, or third-party marketplaces (e.g., eBay, Amazon) without explicit, prior written consent from Pond Kinetics.

  • 3.3 Occasional store-wide sales or loyalty discounts are permitted, provided they do not permanently devalue the Pond Kinetics brand.

  • 3.4 Failure to comply with RRP guidelines will result in an immediate warning. Continued violation will result in the suspension or permanent termination of your Trade Account.

4. Orders, Payments, and MOQs

  • 4.1 Wholesale: Orders are subject to possible Minimum Order Quantities (MOQs) and bulk pricing tiers outlined in your B2B login portal.

  • 4.2 Drop-Ship: Drop-ship orders require no MOQ.

  • 4.3 Payment: Unless a specific credit agreement has been established in writing, all trade orders (both wholesale and drop-ship) must be paid in full prior to dispatch.

5. Delivery and Drop-Shipping

  • 5.1 Dispatch: We aim to dispatch all standard drop-ship and wholesale orders within 48 hours via premium UK couriers.

  • 5.2 Drop-Ship Liability: For drop-ship orders, it is your responsibility to provide accurate customer delivery details. Pond Kinetics is not liable for delayed or lost shipments due to incorrect address information provided by the Stockist.

  • 5.3 Damage in Transit: We utilize heavy-duty packaging. However, any transit damage must be reported to us within 48 hours of delivery, accompanied by photographic evidence, so we can process a replacement and claim with the courier.

  • 5.4 Delays in Dispatch/Delivery: We endeavour to keep dispatch and delivery time frames however on certain occasions this may not be possible and we will not be held liable for any delays.

6. Warranty, Returns, and Support

  • 6.1 Pond Kinetics products are engineered for "fit and forget" reliability. All hardware carries a standard commercial warranty against manufacturing defects (detailed on specific product data sheets).

  • 6.2 As this is a B2B agreement, we do not accept "change of mind" returns on wholesale stock.

  • 6.3 End-User Support: You are the first point of contact for your retail customers. However, our technical team will provide you with full backup support, diagnostic advice, and replacement components for any legitimate warranty claims.

7. Brand Representation and Intellectual Property

  • 7.1 Approved Stockists are granted a non-exclusive, revocable license to use Pond Kinetics’ official product imagery, logos, and descriptions for the sole purpose of selling our products.

  • 7.2 You agree to represent the brand professionally and accurately. You may not modify our hardware or rebrand our equipment as your own.

8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, with primary operations based on the Isle of Wight.

9. Amendments to Terms Pond Kinetics reserves the right to update, alter, or modify these Trade Terms and Conditions at any time. We will make reasonable efforts to notify active Trade Account holders of any significant material changes via the email address associated with their B2B portal. However, it remains your responsibility to review the current Terms periodically. Continued use of your Trade Account and placement of wholesale or drop-ship orders following any such changes constitutes your formal acceptance of the updated Terms.