TERMS AND CONDITIONS FOR A DIRECT BILLING AGREEMENT
The following terms and conditions apply to purchases made on Tiffany & Co. business accounts.Use of such accounts constitutes acceptance of the terms and conditions in effect at the time of purchase. This Business Account Credit Agreement is between you as the Customer and Tiffany and Company, a New York corporation that operates under the trademark and trade name “Tiffany & Co.” 1. PURPOSE OF A BUSINESS ACCOUNT: The Tiffany & Co. business account program is exclusively designed for qualified companies to purchase, from Tiffany & Co. in the United States, Tiffany & Co. merchandise to be used solely for business / corporate gifts, awards and recognition programs. Business accounts may not be used for personal purchases. Tiffany & Co. merchandise and the TIFFANY & CO. name and trademarks may not be used by the business account for any reason, including without limitation, promotional or commercial purposes. Tiffany & Co. merchandise cannot be purchased for resale. Tiffany & Co., at its sole discretion and for any reason or no reason whatsoever, may grant and/or revoke business account status or privileges at any time. 2. ADMINISTRATORS AND AUTHORIZED PURCHASERS: Business accounts can only be established with an executedapplication submitted to and approved by Tiffany & Co. Business account Principals and employees, designated as Administrators shall be authorized to make changes to the business account. Business account employees, designated as Authorized Purchasers, shall be authorized by the Principal or Administrators to make purchases. Business account Principals and Administrators may permit Administrators to be Authorized Purchasers for their respective business accounts. 3. CHANGES OF INFORMATION: It is the responsibility of the account Principal to annually review the account information and advise Tiffany & Co. of any changes. All changes must be provided to Tiffany & Co. by letter, by e-mail or by accessing the Business.Tiffany.com website. 4. EXCLUSIONS: Business accounts may be used only in the United States. The following products may be purchased on a business account at full retail value: Non-Tiffany brand watches, gold or platinum jewelry with stones, and pearl jewelry with gold or platinum. Electronic Gift Card (‘EGC’) abuse, including without limitation, the resale of EGCs, may lead to business account suspension and closure / revocation, at the sole discretion of Tiffany & Co. 5. DISCOUNT: Business account purchases may be made by fax, in a domestic retail location, or by contacting Tiffany & Co. order specialists at 800.770.0080 and following the prompts. Merchandise not listed in exclusions, including Electronic Gift Cards, are subject to a standard 15% discount. Discounts will not be applied retroactively. Tiffany & Co. reserves the right, at its sole discretion to change, limit or eliminate any offered discount at any time. 6. TERMS: The business account discount privilege may be revoked at any time, including without limitation, if payment in full is not received by Tiffany & Co. within thirty (30) days of invoice date for Direct Bill Accounts. Business account agrees to pay the full retail price in the event of discount revocation. 7. QUANTITY: Tiffany reserves the right to limit the quantity of merchandise sold to any business account. 8. NO PURCHASES FOR RESALE: By executing the business account application, the business account represents and acknowledges that it shall not purchase any Tiffany & Co. merchandise for resale. Business account shall not appoint and shall have no authority to appoint any distributors or third parties to sell or otherwise distribute Tiffany & Co. merchandise. The business account shall not engage in transshipping of Tiffany & Co. merchandise. The business account shall not deliver or sell Tiffany & Co. merchandise to those engaged in the business of supplying Tiffany & Co. merchandise to unauthorized outlets. 9. RETURNS: Tiffany & Co. merchandise purchased under a business account may be returned in original condition for credit within thirty (30) days of shipment unless designated non-returnable at time of purchase. Custom-designed, etched, engraved or embossed merchandise or merchandise bearing Customer's logo or name is not returnable unless it does not conform to agreed specifications. Any additional alterations including lengthening or shortening of pieces are non returnable. Excess or habitual returns may subject to closure of the business account. 10. TOOLING AND DIES: Tooling and dies remain the property of Tiffany & Co. If the business account has been invoiced and paid for tooling, it shall be held by Tiffany & Co. and owned by the business account. 11. RIGHTS TO DESIGNS: Tiffany & Co. retains the rights to all product designs. The business account’s name or logo shall not be used by Tiffany & Co. except as authorized by the business account. 12. PAYMENT AND ATTORNEYS' FEES: The business account agrees to pay for all Tiffany & Co. merchandise purchases on its business account(s) by business check. Electronic Gift Cards (‘EGC’)and Electronic Merchandise Credits (‘EMC’) cannot be applied as payment on any outstanding business account balances. In the event that it is necessary to place the business account in the hands of an attorney or collection agency, the business account agrees to pay the cost of collection including reasonable attorneys' fees and court costs. 13. CHANGES: Tiffany & Co. reserves the right to limit credit, close the account, and/or change these terms and conditions from time to time. Failure to enforce any provisions of these terms and conditions shall not prejudice the right of enforcement at some future time. These terms and conditions supersede all prior terms and conditions.