Dealer Responsibilities

Dealer Agreement

The Dealer Agreement signed when your business became a Savvy Rest retailer acknowledges three commitments: 1) to meet payment obligations, 2) to learn and remain current with the Savvy Rest website and Savvy Rest News newsletter content, and 3) to remain current with Savvy Rest policies and procedures. The Agreement’s text includes:

I, the authorized representative of the above-named business (hereinafter “the Dealer”), agree to the following: I have read Savvy Rest’s website and blog thoroughly and have a good understanding of Savvy Rest products—particularly in regard to:

• What makes Savvy Rest unique
• Dunlop and Talalay

• Organic certifications
• Warranties

I have read the Dealer Manual and have a thorough understanding of Savvy Rest’s policies—particularly in regard to:

• Selling
• Advertising and pricing
• Order confirmations
• Payment terms

• Latex exchange
• Shipping
• Dealer customer service
• Confidentiality

I, the Dealer, agree to pay invoices according to the payment terms and credit limit determined by Savvy Rest. NOTE: If payments are not kept current, finance charges will be assessed beginning on the 11th day after payment is due at an Annual Percentage Rate of 18%. Credit Card payments require an additional 3% processing fee.

Customer Service

As full-service Savvy Rest representatives, dealers are responsible for relaying to customers at the time of purchase the following:

1) For 90 days after purchase, customer should contact dealer regarding quality issues, not Savvy Rest. Dealer provides Important Notes for Customers handout at time of purchase.
2) Savvy Rest does not accept returns (including foundations; see Foundation Tips).
3) Latex Exchange (dealer reviews with customer and provides copies at time of sale: Latex Exchange Policy, Ordering Instructions and Shipping Instructions).

• Latex Exchanges may be ordered within 90 days of mattress delivery.
• Returned latex must ship within 30 days of replacement delivery or dealer is charged for the layer.
• Packaging instructions are included in Latex Exchange Shipping Instructions. A fee of 75% of wholesale price is charged to dealer for latex returned unbagged or in damaged condition.
• Customer places Latex Exchange orders with dealer, not with Savvy Rest.
• Dealer advises his/her own customer on best options for altering firmness.
• Customer is charged nothing for new layer, unless upgrading to Talalay.*
• Customer is charged shipping to receive a new layer and return the old.
• Savvy Rest ships the new layer/s; customer returns layer/s in same bag and box.
• Customer calls FedEx for pickup; Return Shipping Instructions are in box.
  *Talalay upgrade fees: (See Other Prices & Fees, Price List).

4) Shipping procedures, fees, and Delivery Inspection Instructions. (See Shipping).
5) Warranties. Offer customers printouts of the applicable warranty.
6) Savvy Rest pricing and pricing policies.

Order Confirmation Review

Dealers are required to share responsibility for order accuracy by reviewing every Order Confirmation on receipt, and notifying Savvy Rest immediately of corrections needed. If an error is not caught before merchandise ships, the dealer will be charged additional shipping.

Confidentiality

All written and oral information and materials disclosed or provided by the Seller (Savvy Rest) to the Dealer are Confidential Information regardless of whether it was provided before or after the date of the Dealer Agreement or how it was provided to the Dealer.

The Dealer may disclose any of the Confidential Information to any of its employees, agents, representatives and advisors who have a need to know for the purpose provided that the dealer has informed such personnel of the confidential nature of the Confidential Information. The Dealer may provide to customers marketing materials that are intended for public consumption.

Nothing contained in this manual will grant to or create in the Dealer, any right, title, interest or license, expressed or implied, in or to the intellectual property of the Seller.

From the time when the business relationship ends between Savvy Rest and the Dealer, Dealer agrees not to convey any Confidential Information learned during the course of our relationship to any competitor, to include:

• Wholesale pricing
• Raw materials, vendors, or suppliers information
• Business or financial agreements
• Savvy Rest Dealer Resources or Dealer Manual
• Financial data
• Strategic plans

Mediation & Arbitration

Except for the right to apply to a court of competent jurisdiction for equitable relief to prevent irreparable harm, any and all claims, disputes or controversies arising under, out of or in connection with the Dealer Agreement shall first be mediated in good faith. The party raising such dispute shall promptly advise the other party of such claim, dispute or controversy in a writing which describes in reasonable detail the nature of such dispute. By not later than five days after the recipient has received such notice of dispute, each party shall have selected for itself a representative who shall have the authority to bind such party, and shall additionally have advised the other party in writing of the name and title of such representative. By not later than ten days after the date of such notice of dispute, the party against whom the dispute shall be raised shall select a mediation firm or service in Charlottesville, Virginia and such representatives shall schedule a date with such firm for a mediation hearing. The parties shall enter into good faith mediation and shall share the costs equally. If the representatives of the parties have not been able to resolve the dispute after the mediation hearing, or if a party refuses to participate in the mediation hearing, then either party may submit the matter for binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in Albemarle County, Virginia. Judgment upon the arbitration award may be entered in any court having jurisdiction over a party. Any such arbitration shall be conducted by a single arbitrator chosen by the AAA.

Competition

Dealer agrees not to create a competing latex mattress featuring customized layers and organic casing materials, nor to source similar materials from Savvy Rest suppliers for a period of two (2) years.