- Category: Company
- Published: Wednesday, 14 October 2020 11:31
- Written by Austin Cushing
- Hits: 1031
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The following Terms and Conditions (“Terms”) are applicable to Seller’s sale of products (“Products”), and are subject to change from time to time without notice.
Buyer accepts these Terms by signing and returning Seller’s quotation, sending a purchase order or otherwise ordering Products.
All orders placed by Buyer are subject to acceptance by Seller. Once placed, Buyer may not cancel or modify an order without Seller’s written consent, unless otherwise indicated in Seller’s published Return Policy.
Wherever Seller permits cancellation or modification, Buyer shall pay any expenses and damages incurred by Seller in connection therewith.
In its discretion, Seller may substitute equivalent items, meaning there are no material differences between the products ordered and delivered.
Unless Seller specifies otherwise, price quotations are valid for thirty (30) days and do not include taxes or shipping. Buyer is responsible for all applicable taxes, as well as shipping. When applicable, taxes and shipping shall appear as separate items on Seller’s invoice.
In the event Seller’s costs increase prior to shipment, Seller may adjust its prices to reflect such increase upon notice to Buyer.
Application for credit is subject to Seller’s approval. The decision to extend credit, and the amount of credit extended, are within Seller’s sole discretion and subject to change.
In the event Seller extends credit, normal terms for commercial and government customers are Net 30 days from invoice, unless Seller states otherwise. Buyer may not withhold payment as a setoff against any claim or dispute with Seller.
Seller reserves the right to require payment in advance.
Seller may charge all fees to Buyer for credit card, PayPal, wire transfer or similar payment. Returned checks shall be subject to a $25.00 service fee.
If Buyer fails to make any payment when due, Seller may suspend or cancel performance on any open orders and/or declare all unpaid amounts immediately due and owing.
Past Due Accounts are subject to a 2% per month finance charge.
If Seller must place Buyer’s account for collections, Buyer shall be liable for all collection costs, including but not limited to reasonable attorney fees. Buyer acknowledges that attorney fees equal to one-third (33.3%) of the amount due shall be deemed reasonable.
In addition to all other rights provided for herein, at law or at equity, Seller shall have a first priority security interest in all Products sold to Buyer, whether or not covered by the specific open charges, and shall have all rights available to it as a secured creditor under the Uniform Commercial Code.
All of Seller’s rights and remedies shall be cumulative, and Seller may exercise them successively or concurrently in its discretion, without prejudice to any other rights and remedies.
All delivery dates are estimates only. Seller shall not be liable for any delays, loss, or damage in transit, and failure to deliver within the time estimated will not be a material breach on its part.
Title to the Products shall pass to Buyer upon its payment for them in full. Risk of loss or damage shall passes to Buyer upon delivery to the carrier.
As used in this section, the terms “nonconformity” or “nonconforming” are limited to mean the Products received are mislabeled or not the items identified in Buyer’s order.
Following delivery, Buyer shall have 10 days (the “Inspection Period”) to inspect the Products and notify Seller in writing that the quantity received is less than indicated in its order or Seller’s shipping records, or to reject the Products for nonconformity.
In order for the notice of rejection to be effective, Buyer must specify the exact nature of the nonconformity, and provide such evidence as Seller may reasonably require to verify Buyer’s claim.
If Buyer sends timely and proper notice, Seller in its sole discretion shall replace any nonconforming Products, or issue Buyer a credit or refund for them. Buyer shall have no other remedies. At Seller’s request, Buyer shall dispose of the nonconforming Products, or return them at Seller’s expense.
If Buyer fails to send timely and proper notice, the shipment shall be deemed accepted in all respects.
Subject to the limitations herein, Buyer may return Products purchased from Seller for credit or refund.
Products which are custom-made or altered for Buyer, and Products identified as “non-cancellable,” “non-returnable,” “MTO” (made to order), etc., are only returnable for defects.
All returns must be in new and resalable condition, with the original tags and undamaged manufacturer packaging.
Seller may charge a restocking fee for all returns, other than for defects or Seller’s error. The restocking fee is generally 20% but may vary.
To return any Products, Buyer must contact Seller within 10 days of delivery to request a Return Authorization (“RA”), or 30 days in the case of defects. Seller must receive the Products within 10 days of issuing the RA.
For returns due to defects or Seller’s error, Seller shall be responsible for shipping costs. For all other returns, Buyer shall be responsible for the shipping costs.
Seller warrants that the Products will be free from manufacturing defects for a period of 30 days from delivery, assuming normal use and care.
Seller makes no other warranties of any kind, express or implied, and disclaims all other warranties whatsoever, including but not limited to any warranties regarding merchantability, fitness for a particular purpose, non-infringement of third party rights and warranties against latent defects.
If Seller provides any advice or technical assistance, they are a free accommodation for Buyer’s convenience only, and do not create any warranty of any kind.
Buyer’s remedies shall be limited to those provided herein.
If any Product is defective, Seller in its sole discretion shall replace it or issue Buyer a credit or refund. In no event shall Seller be liable for incidental, consequential, special, indirect, or punitive damages, and in no event shall its total liability, whether in contract, tort, warranty, or otherwise, exceed the price received for the Products in question.
Buyer shall not commence any action against Seller, whether in contract, tort, warranty, or otherwise, more than 1 year after the cause of action arose.
Seller shall not be liable for any delay or nonperformance due to events beyond its control, including but not limited to supplier issues, labor disturbance, war, terrorism, epidemic, pandemic, fire, accident, weather, transportation, governmental act or regulation, etc.
New Jersey law shall govern any disputes between Buyer and Seller with respect to the Products or these Terms, and the New Jersey courts shall have exclusive original jurisdiction over any such disputes; provided, however, that Seller may, in its sole discretion, bring suit in any jurisdiction in which Buyer is located and/or maintains assets.
Section headings in these Terms are for convenience only and do not affect the meaning or interpretation of any provision.
These Terms constitute the entire agreement between Buyer and Seller with respect to the subject matter hereof, and supersede any and all prior communications or agreements, whether oral or written.
No change or addition to these Terms shall be effective unless Seller specifically references these Terms and modifies them in writing. Without limiting the foregoing, Seller hereby notifies Buyer that these Terms shall take precedence over any conflicting terms on Buyer’s purchase order or website, or in any sales confirmation or other communications, unless Seller expressly agrees to amend the provisions hereof.
If a court of competent jurisdiction finds any provision herein unenforceable, such provision shall be interpreted to make it enforceable to the greatest extent possible, and the remaining provisions shall remain in full force and effect.
No failure or delay by Seller in exercising its rights hereunder shall operate as a waiver thereof, nor shall waiver of any breach constitute waiver of any subsequent breach. All waivers must be in writing.
These Terms are binding on Buyer, Seller and their respective successors and assigns; provided however, that Buyer may not assign any quotation, accepted order or rights hereunder without Seller’s prior written consent, and any such assignment shall be void and ineffective.
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When can I expect delivery?
Most orders, if received by 9:00 a.m. ET, are shipped in 1-2 business days. Transit time for orders shipped via UPS standard/ground service within the Continental U.S. is usually 1-5 business days, depending on location. Transit time for shipments mailed via USPS to APO/FPO addressed may be longer. We will provide estimated shipment dates for items that will take significantly longer (i.e., special orders or backordered items).
What about "Next-Day" Orders?
Although we will expedite order processing, most orders can not be shipped the same day. For example, if you place an order on Thursday, the soonest your order will ship will be Friday to be deilivered on Monday. Upon request at the time of order, we will give you a commitment or best estimate as to when the order will ship.
What is your Return and Exchange Policy on BRANDED FOOTWEAR? (Prison Clothing and Footwear Excluded)
Unless otherwise indicated, footwear may be returned as long as the following criteria are met:
Merchandise must be sent to:
Returns Dept (R.A.#____ and Order #____) <-- Call or Email us for your R.A.#
420 Commerce Lane Unit 3
West Berlin, NJ 08091
We recommend that your shipment be insured and traceable. We can not be responsible for lost, damaged or stolen merchandise. Include a brief note explaining the problem and how you would like it corrected. Please write it on a copy of your order or invoice (or reference your order number) to help us access your order details.
Some exceptions may apply. Exceptions will be clearly indicated on the web or, in the case of phone orders, explained to you.
There is no restocking charge on most footwear brands. Exception: there is a 15% restocking charge on Danner items.
What is your Return and Exchange Policy on other (non-footwear) items?
Most non-footwear items are subject to a 15% restocking charge. Some merchandise, especially custom items and special orders, may be non-returnable. As a general rule, our return policy for each item reflects the policy of the particular manufacturer involved. Please call or email for details.
Please email us for a Return Authorization and instructions prior to returning. Items returned without return authorization may be refused or lost.
Merchandise must be sent to:
Returns Dept (R.A.#____ or Order #____)
420 Commerce Lane Unit 3
West Berlin, NJ 08091
We recommend that your shipment be insured and traceable. We can not be responsible for lost, damaged or stolen merchandise
Include a brief note explaining the problem and how you would like it corrected. Please write it on a copy of your order or invoice (or reference your order number) to help us access your order details.
For more information, please carefully review our Terms & Conditions of Sale.
It is our policy to respect your privacy. We will use information provided by you only to process your order or inquiry or for internal marketing purposes.
What about possible errors in product information and specifications?
To the best of our knowledge the information contained in this catalog is accurate. However, Anchortex Corporation does not assume liability whatsoever for the accuracy or completeness of the information contained herein. This applies particularly but not exclusively to Flame Resistant garments and other items that concern the safety of the user or anyone else. Final determination of the suitability of any materials and whether there is infringement of patents is the sole responsibility of the user. Users of any substance should satisfy themselves by independent investigation that the material can be used safely. Anchortex may have described certain hazards herein but we cannot guarantee that these are the only hazards that exist. Please read the Limited Warranty and Limitation of Liability sections of our Terms and Conditions of Sale.
Specifications given in this catalog are subject to change without notice, and we may substitute standard items that vary from the specifications but are substantially equivalent. In cases where we consider the differences to be material we would notify the customer before accepting or filling the order. If any particular specifications or details are of concern to you, if you wish to verify any details, or if you have other questions, please ask a sales representative. We will be happy to answer your questions and will make our best efforts to accommodate your concerns.
What about Sizing?
Garments shown in this catalog are generally made in America and conform to standard American sizing conventions. Size charts are available for most items. Industrial standards for shrinkage may occur. Base prices apply to regular sizes (usually S-XL or equivalent), with higher prices for oversizes and special orders.
What are your Terms and Conditions of Sale?
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.
Conditions of Use
Disclaimers and Limitation of Liability
Under no circumstances shall Anchortex Corporation or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Anchortex Corporation Web site, including but not limited to reliance by you on any information obtained from the Anchortex Corporation Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Anchortex Corporation has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Anchortex Corporation Web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Intended for Users Over 13
Errors on Our Site
Order Limitations/Limited Quantities
In the rare event that your order never arrives, notification of lost items must be received within 15 days from the date the order was placed or credit card was charged.
Please review the relevant sections of our FAQs for additional information on shipping times, rates and policies.
Termination of Use
Links to Third-Party Web Sites
Anchortex Corporation does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Anchortex Corporation Web site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. Anchortex Corporation makes no representation or warranty as to any products or services offered on any Third-Party Site.
The Anchortex Corporation Web site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Users are prohibited from violating or attempting to violate the security of the Anchortex Corporation Web site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the web site for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Web site (impersonating the Anchortex Corporation Web site) or to the Web site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Anchortex Corporation, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Anchortex Corporation Web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Anchortex Corporation Web site other than the search engine and search agents provided by Anchortex Corporation or generally publicly available browsers.
GSA Advantage - GSA Advantage is a reliable and proven one-stop online resource for thousands of Federal employees worldwide. GSA Advantage offers the most comprehensive selection of approved products and services from GSA contracts. Anchortex is proud to hold two GSA contracts (GS-07F-0174M).
New Jersey State Police - Official website of the NJ State Police
Department of Homeland Security - Official website of the US. DHS
www.usdoj.gov - U.S. Department of Justice (DOJ)
www.bop.gov - Federal Bureau of Prisons (BOP)
Jail and Corrections Associations
www.aja.org - The American Jail Association
www.aca.org - American Correctional Association
Other Sites Of Interest