Wholesale Terms and Conditions

Business - Wholesale Terms & Conditions 

Last updated September 2025

CREDIT TERMS. Net payment terms (no extended payment terms), payment due at time of order. Upon approval of this application, Plug Inc. d.b.a. Plug "PLUG", in its sole discretion, will NOT assign Applicant a credit line and/or other terms, and shall have the right to increase, decrease, or terminate Applicant’s credit privileges under this Application at any time without prior notice to Applicant, except as otherwise provided by law.

MINIMUM ORDERS. The minimum purchase requirement for all wholesale B2B transactions is five (5) units per order. Orders submitted for fewer than five (5) units will not be accepted or processed. PLUG reserves the right to adjust this minimum order quantity at any time, with or without prior notice, to maintain operational efficiency and supply chain standards. All wholesale pricing, discounts, and account benefits are contingent upon compliance with this minimum order policy.

PRODUCT. A “Product” includes any and all goods and services, including but not limited to, CDMA cellular/smart phones, GSM cellular/smart phones, Apple phones, laptops, tablets, memory cards, Bluetooth, batteries, battery doors, hotspots, parts/LCD’s, car chargers, home chargers, data cables, headsets, cases, accessories and any and all merchandise sold by PLUG.

INVOICES. Payment of the purchase price for goods and/or services acquired from PLUG shall be made pursuant to the payment terms set forth on each invoice, and Applicant agrees to pay all charges according to the payment terms established in said invoice. The entire outstanding balance due on all invoices shall become due to PLUG in full immediately upon placing order of product.

INTEREST.  If applicable, applicant agrees to pay simple interest in the amount of 5.5% per month on any payment past due, pursuant to the terms set forth on each invoice until collected.

ACCURACY OF INFORMATION.  Applicant hereby certifies that the information furnished under this application and on any financial statements furnished in connection herewith, is true and correct.

AUTHORIZATION TO RELEASE INFORMATION. Applicant authorizes PLUG to perform any credit checks, which includes, but is not limited to, contacting credit reporting agencies, bank references and trade references listed in this application, to ascertain the Applicant’s credit history and current credit status.

WAIVER.  The failure of a party to insist, in any one or more instances, on performance of these Terms & Conditions or under any invoice, or to exercise any right hereunder or under the invoice, is not a waiver of the future performances of any terms, covenant, condition or the future exercise of such right.

JURISDICTION. Any dispute arising from this contractual relationship, including but not limited to the “Terms and Conditions” in this New Customer Application Form, sales orders, invoices and the Terms of Use under the PLUG website shall be governed by Missouri law, and shall be decided solely and exclusively by State or Federal courts located in Jefferson County, Missouri.

EXPENSES OF ENFORCEMENT. The prevailing party shall be entitled to recover all costs and expenses including, without limitation, reasonable attorney’s fees and the fees of any collection agency and court costs, incurred by the prevailing party in exercising any of its rights or remedies hereunder or under an invoice, or enforcing any of the Terms & Conditions or provisions hereunder or under an invoice.

REPRESENTATIONS AND WARRANTIES.  Each party represents and warrants to the other that the execution and delivery of these Terms & Conditions and the performance of such Party’s obligations hereunder have been duly authorized and that the Terms & Conditions are valid and legally binding on such Party and enforceable in accordance with its terms. PLUG warrants that all products furnished under these Terms & Conditions will conform to the description of products included in the sales order and invoice. PLUG warrants that the products provided to Applicant will not violate or conflict with any U.S. laws, including intellectual property rights of any third parties, and will not breach any contract or obligation to which PLUG is a party. PLUG is a reseller of telecommunication equipment. No manufacturer warranty is available. Products sold are subject to the warranties agreed upon pursuant to the sales order and invoice. There are no warranties which extend beyond the description on the face of this Agreement or in the sales order and invoice. ANY PRODUCT THAT HAS BEEN ABUSED, MISUSED, ALTERED, TAMPERED, UNLOCKED AND/OR HAD ITS SOFTWARE ALTERTED WILL VOID ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES IN THIS AGREEMENT, SALES ORDERS AND INVOICES.

MAXIMUM LIABILITY. IN NO EVENT SHALL PLUG’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE REPLACEMENT VALUE OF THE PRODUCT OR PRODUCTS PURCHASED BY THE APPLICANT IN THE ONE (1) YEAR PERIOD PRECEEDING THE EVENT GIVING RISE TO THE CLAIM.

RETURNS.  This Section applies to products received that are defective/damaged/missing parts. THIS SECTION DOES NOT APPLY TO ANY PRODUCT THAT HAS BEEN ABUSED, MISUSED, ALTERED, TAMPERED, UNLOCKED AND/OR HAD ITS SOFTWARE ALTERED AND THEREFORE NO RETURNS WILL BE ACCPTED ON ANY AND ALL PRODUCTS THAT HAVE BEEN ABUSED, MISUSED, ALTERED, TAMPERED, UNLOCKED AND/ OR HAD ITS SOFTWARE ALTERED. (i)No returns will be accepted without prior authorization of REAGAN, (which shall not be unreasonably withheld; (ii) Returns for defective items (i.e. items that have not been abused, misused, altered, tampered, unlocked and/or had its software altered) will be accepted; (iii) Return authorization must be obtained within 30 days of receipt of the product, and the product must be received within 15 days of the authorization issuance; (iv) Original shipping & handling are not refundable; (v) Applicant is responsible for shipping and proof of delivery on all returns (retain all tracking information from the shipper until credited and PLUG requires that return shipments be properly packed and fully insured); (vi) Returns are subject to a restocking fee of 15%, which will not apply to returns of defective or incompatible items; and (vii) All non-product related fees (such as installation charges or special delivery instructions) are not refundable; and (viii) Unauthorized returns will not be accepted. All returns must contain all kitted accessories. Any missing items will be subject to a replacement charge. (viii) No credits or refunds will be issued to applicant and returned goods will either be replaced with the same product, a product of similar retail value, or repaired, tested, and sent back to applicant.

GENERAL. (a) No modification of these Terms & Conditions shall be binding unless in writing signed by an authorized representative of both parties. (b) If any provision of these Terms & Conditions is unenforceable, such unenforceability shall not affect the remainder of Terms & Conditions. (c) This Terms & Conditions shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. (d) The rights and remedies granted herein are non-exclusive to those otherwise available under law of equity. (e) The terms and conditions of this contract and any sales and payments made pursuant hereto are performable in St. Louis County, Missouri.