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Wholesale Terms of Sale Agreement


Wholesale Agreement Terms of Sale

All sales made by NOOMA, the “Company”, to you, the "Retailer", are governed by

these Terms and Conditions of Sale unless otherwise indicated by NOOMA in writing.

Please read these Terms and Conditions thoroughly before submitting an application for

a wholesale account. Do not submit the wholesale application unless you understand

these Terms and Conditions and agree to abide by them. Submitting an application

constitutes as a binding contract between you, the “Retailer”, and NOOMA, the

“Company”, beginning the date for which your wholesale application was received. 

NOOMA reserves the right to amend or modify these Terms and Conditions of sale at any

time at its sole discretion. The failure of NOOMA to exercise or enforce any right or

provision of these terms and conditions of sale shall not constitute a waiver of such right

or provision. You agree that regardless of any statute or law to the contrary, any claim

or cause of action arising out of or related to these terms and conditions of sale must be

filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in these terms and conditions of sale are for convenience only and

have no legal or contractual effect. NOOMA shall not accept Retailer’s orders

unless and until Retailer consents to these Terms and Conditions of Sale and

completes the Wholesale Application. These Terms and Conditions of Sale as set forth

in this document supersede the terms and conditions of Retailer’s order(s)

and will govern all transactions between Retailer and NOOMA. These Terms and

Conditions of Sale also apply to all future transactions unless modified in writing signed

by NOOMA and Retailer. Either party can terminate the wholesale relationship at any time.


Products purchased from NOOMA may be sold for any price if they are sold at a physical

Retail location. NOOMA suggests a retail price of $3.00 per bottle for Sports Drinks and $3.50 per can for Pre-Workout drinks. Products sold online

must adhere to the requirements listed in the Web Commerce section of this document.


No products or goods purchased from or produced by NOOMA shall be resold by or

through any on-line auction or online store (such as eBay, Amazon or other similar

sites) without the express, written authority of NOOMA. If the Retailer is planning to sell

products produced by NOOMA in an online marketplace/store, it must be owned or

operated by the entity applying for a Wholesale Account and listed on the Wholesale

Application to be approved by NOOMA. Additionally, if the Retailer plans to

sell NOOMA products online the products shall only be sold at or above the highest cost for a 12-pack case listen on Selling NOOMA products online for less than this price will result

in the immediate termination of wholesale status of the Retailer.


NOOMA will make every attempt to accommodate free sample requests for interested

businesses. Free Samples will be sent to potential wholesale accounts at the sole

discretion of NOOMA. Sample recipient must prove they are a legitimate business

prior to shipment of samples. Due to fluctuations in inventory, certain sample items may

be substituted at the sole discretion of NOOMA. To request a Free Sample Pack

please contact us


Prices and products are subject to change without notice. All merchandise will be

shipped/delivered at the prices in effect at the time of order. NOOMA reserves the right,

at its sole discretion, to change ingredients, packaging and included documentation. All

orders are subject to availability.


All NOOMA products have a shelf life of 600 days from the date of manufacture. Please

do not sell NOOMA products after the “Best By” date on the package.


Order errors must be brought to NOOMA’s Wholesale Customer Service attention

within fourteen (14) business days of receipt of shipment. We endeavor to protect your

reputation, and ours; if you or your customer finds an issue related to manufacturing

defects within the first thirty (30) days, we will work with you to find a resolution.

Perishable or consumable items, such as NOOMA cannot be returned unless it is

damaged or wrongly shipped. Due to the nature of such product, we cannot resell or

refurbish the product for resale, and therefore cannot accept returns for non-damaged

items. We do this to prevent tampering of our product and protect the end-user. 

NOOMA shall not be liable for defects resulting from goods being stored or used where

unsuitable environmental conditions prevail or which have been subject to abnormal

degrees of temperature, humidity, light, strain or other treatment.


Any Retailer who wishes to distribute NOOMA goods and products to any entity for resale 

must require their customer to strictly adhere to these same Wholesale Account

guidelines as set forth in this Wholesale Agreement. Any Wholesale Account who does 

not enforce these guidelines with their own resale customers will be subject to

termination of this agreement.

If you are interested in placing orders online via our website, you are able. You must

submit the online application and provide NOOMA with an email address you would like

used as your sign in. An account will be created and a password will be provided. You

will be prompted to change the password upon first login. You must pay for your order

upfront and shipping may be charged dependent on the terms agreed upon by both parties.


Retailer agrees that NOOMA makes no warranty, express or implied, as to the

merchantability of NOOMA products. The Retailer also agrees that NOOMA is not

liable for any misuse or misrepresentations of the goods by the Retailer or the final retail

purchaser or consumer, and indemnifies NOOMA for any legal actions that emanate

from such actions.

NOOMA is not liable or responsible for suitability of our products for a particular

application, merchantability, or any injury, loss or damage, direct or consequential,

arising out of the use or inability to use the products. Retailer and its customers assume

all risk, responsibility and liability for use of NOOMA products.


NOOMA will make available images and brand assets that you might require for your

print and online presence by request. Any imagery you provide yourself must be

approved prior to use. If you are interested in using material from NOOMA’s website,

social media, or other channels, please contact NOOMA before copying, 

reproducing, republishing, uploading, posting, transmitting, or distributing these 

materials as these materials are copyrighted.


Wholesale prices and pricelists of NOOMA products are confidential, and for the use of

the Retailers only. Publishing, revealing, or disseminating the wholesale pricing, flavors

or ingredient listing of NOOMA product line outside of the business of the Retailer is

strictly forbidden without prior written consent from NOOMA. Failure to preserve the

confidentiality of NOOMA in its wholesale pricing, flavors, or ingredient listing will result

in the immediate and permanent termination of wholesale status of the Retailer.

All flavors and recipes are property and copyright of NOOMA and are confidential. 

At no time now or in the future can a Retailer attempt to recreate and/or produce any 

NOOMA product recipes with similar ingredients or by a similar name. NOOMA reserves the

right to seek compensation for any loss or damages that would result from any  breach

of confidentiality.

The foregoing Agreement is hereby accepted and the terms and conditions thereof

hereby agreed to by the undersigned as of the date adjacent to the signature. 


BY: Matthew X. Shaver DATE: 8/29/19