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GSA Contract GS-07F-0174M   DOD Emall

Terms and Conditions of Sale

Normal credit terms for individuals are credit card or payment with order, Net 30 for businesses, subject to credit approval, unless stated otherwise. Certain orders may require prepayment or deposit. Fast-pay discounts may be offered. COD shipments are subject to a $6.00 surcharge per box. Visa, MasterCard, American Express, and Discover cards accepted. All orders are subject to acceptance.

Prices are subject to change without notice. Quotations, discounts, and coupons are valid for 30 days unless we specify otherwise.

Statements will be sent on past due accounts only.

Past Due Accounts are subject to a 2% per month finance charge (minimum $1.00). Delinquent accounts may forfeit credit privileges or be closed entirely.

Collections: In the event an account is placed with an attorney or agency for collection, the customer will be charged all attorney or collections fees and resultant court costs.

Our Return Policy is to accept only authorized returns. Unless defective, customized or altered garments and any special orders may not be returned, and credit will be issued only for items in resalable condition. A restocking fee may be charged to all returns, unless the return is due to manufacturer’s defect or our mistake. This restocking fee is generally 20% but may vary depending upon the details of the order. Claims for defective items or incorrect shipments or invoices must be made within ten days of receipt.

Returned checks will be subject to a $25.00 service fee.

Small orders under $100 may be charged a $10.00 service charge. Certain items may be subject to greater minimum order thresholds and charges.

Shipping and handling charges will be added to all orders unless we specifically offer a delivered price. We generally ship UPS Ground service. Other modes may be requested on a best-efforts-to-comply basis.

Damaged, Lost, or Short Shipments must be reported immediately. Keep damaged goods and containers for inspection until you are advised to dispose of them. For UPS shipments, notify your local UPS office immediately. If you accept a damaged or short shipment from the delivering carrier’s agent without proper notation, you do so at your own risk.

Limited Warranty: Anchortex Corporation warrants its products to be free from defects in materials and manufacturing for a period of 30 days from the date of your invoice, assuming normal use. Dimensions and specifications may be changed at the discretion of Anchortex Corporation or the manufacturer. No oral or written information or advice given by Anchortex Corporation, or its authorized representatives, distributors, agents, or employees, will create any warranty of any kind. In the case of items manufactured by others, all technical specifications and information are supplied for your information and convenience only and do not create any warranty of any kind. Anchortex Corporation does not warrant or represent that the merchandise complies with the provisions of any law or regulation, including particularly the Welsh-Healey Public Contracts Act and the Occupational Safety and Health Act of 1970 as they may be amended, or with any regulations promulgated pursuant to either Act. If any product is defective, the entire liability of Anchortex Corporation, and your exclusive remedy, shall be limited to either replacement of the defective product or return of the purchase price, at the sole discretion of Anchortex Corporation. If the failure of the product has resulted from normal wear and tear, abuse, misuse, neglect, accident, or lack of reasonable and proper care and maintenance, Anchortex Corporation, shall have no obligation to replace the defective product or refund the purchase price. Any implied warranties regarding the product, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to 30 days from the date of your invoice.

Limitation of Liability: Under no Circumstances shall Anchortex Corporation, its distributors, agents, or employees, be liable for direct, indirect, special, incidental, or consequential damages, including but not limited to damages for loss of business profits, cost of labor, loss of time, cost of obtaining substitute products, inconvenience, and any other damage or cost, arising out of the purchase of any product, even if Anchortex Corporation, or its authorized representatives, have been advised of the possibility or occurrence of such damages. The warranties and remedies above regarding defective merchandise are exclusive and in lieu of all others, oral or written, express or implied. In the event any other disclaimer of warranty of limitation or liability in this Agreement is determined to be unenforceable or is otherwise ineffective in whole or in part, any liability of Anchortex Corporation, to you for any and all damages, losses, and causes of action, shall be limited to the amount of the purchase price paid to Anchortex Corporation for the product. This warranty gives you specific legal rights. Consumers may have other rights which vary from state to state.

Entire Agreement: This Agreement constitutes the entire agreement between you and Anchortex Corporation, with respect to the product, and supersedes any and all prior or contemporaneous agreements or understandings, whether oral or written. No amendment to or modification of this Agreement will have any binding legal effect unless it is made in writing, is signed by a duly authorized representative of Anchortex Corporation, and specifically states that is supersedes, modifies, or amends terms or provisions of this Agreement.

Severability: This Agreement shall be construed to make each provision enforceable to the maximum extent possible under governing law. If any provision of this Agreement is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this Agreement shall remain in full force and effect.

No Waiver of Rights: Failure or delay of Anchortex Corporation, in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of any existing breach, whether or not demand for strict performance has been made.

Choice of Law and Venue: This Agreement shall be governed and interpreted in accordance with the laws of the State of New Jersey. Any trial level proceedings relating to this Agreement shall be maintained in the state or federal courts located in Camden County, New Jersey, and any appellate proceedings shall be maintained in the courts having appellate jurisdiction over proceedings originating in the state or federal courts located in Camden County, New Jersey. These courts shall have exclusive jurisdiction over all such proceedings, and by accepting the terms of this Agreement, you consent to the personal jurisdiction of these courts.

These terms and conditions are subject to change without notice.

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GSA Contract GS-07F-0174M

DOD Emall

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