TERMS AND CONDITIONS
Shipping: All shipments shall be F.O.B. Massachusetts. The cost of delivery will be charged to the Buyer
Quantity Discounts: Ask us about quantity discounts
Delays: Seller will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Buyer by reason of such delay, if such delay is, directly or indirectly, caused by, or in any manner arises from, causes beyond its control.
Conditions: All orders or contracts are accepted with the understanding that they are subject to Seller’s ability to obtain the necessary raw materials, and all orders or contracts as well as shipments applicable thereto are subject to Seller’s current manufacturing schedules, and industry standards and government regulations, orders, directives, and restrictions that may be in effect from time to time.
Compliance: Orders will be considered complete upon shipment of a reasonable quantity over or under the amount specified in the order when it is impractical to produce the exact amount ordered. Normal tolerances in specifications shall be acceptable.
Returns: Goods will be accepted for return for credit on account only after approval and issuance of a Returned Goods Authorization number by Seller. Only unused material in new condition and contained in its original packaging for resale as currently manufactured, which has been invoiced to Buyer within 90 days, will be considered for return. Goods authorized for return for credit on account are subject to a restocking fee of 20% of the purchase price. Goods authorized for return must be securely packed to reach Seller without damage, and clearly marked with return authorization number on the outside of the package. A copy of the packing list or invoice must be included with the return, clearly marked to indicate the reason for the return. Shipping costs are the responsibility of Buyer. Custom garments and those that have had logos applied may not be returned.
Warranty; Limitation of Liability: The products manufactured by Seller are warranted to be free from defects in material and workmanship. Seller’s liability under this warranty is limited to the net purchase price of any such product proven defective or, at Seller’s option, the repair or replacement of such product. All claims hereunder for defective products must be made in writing within 90 days from the date of shipment.
The warranty set forth above is a limited warranty expressly made in lieu of any and all other warranties express or implied including the warranties of merchant ability and fitness for any particular use or purpose. In no event shall seller be liable for special or consequential damages, or for transportation, installation adjustment, or other expenses which may arise in connection with the products, even if seller has been advised of the possibility of such damages. No waiver, alteration, or modification of the foregoing warranty or limitation of liability shall be valid unless made in writing and signed by an executive officer of seller.
Governing Law: This order shall be governed by the laws of the State of Florida. Controlling Provisions; Purchase Order. The rights of the parties shall be governed exclusively by the terms and conditions contained herein, and such terms and conditions shall supersede any terms and conditions contained in any other writing Buyer may give or receive. Without limiting the generality of the foregoing, if Buyer’s order form is used for the purchase, it is expressly understood that the terms and conditions set forth herein shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in such order form, and the issuance of such order by Buyer shall be deemed to note Buyer’s assent to the foregoing.