Purchaser’s acceptance of these terms and conditions shall be made by either (i) Purchaser providing a purchase order number to Startee (ii) Purchaser’s acceptance of any Product from Startee, whichever occurs first. These terms and conditions will apply to all merchandise sales from Startee.
Price & Style Information
Prices are subject to change without notice. All merchandise will be shipped at prices in effect at time of shipping. We encourage you to call or check with customer service at time of purchase to confirm current pricing. Startee Apparel, Inc. reserves the right to change or discontinue styles, colors, sizes, and or fabrics. Prices for backordered products are not guaranteed. Placing orders and Shipping Information Prior to placing an order, Purchaser must have an active Startee sales account number and purchaser’s account must be current and in good standing. Most in stock credit-approved orders for standard delivery placed before 1:00 pm will be shipped same day. Credit approval delays may prevent same day shipment. Any and all conditions to an order already placed will be consider a “new order” and written as a new purchase order. Default, delay; or defect, in any one or more of the shipments will not affect the balance of the order. Partial shipments may be made. Article 1 is not responsible for non-delivery, loss, or damage during shipment. Risk of loss will transfer to purchaser upon Startee tendering the product for delivery to the carrier. All merchandise is shipped FOB origin. Startee Apparel, Inc. will ship merchandise specified by the customer. Purchaser shall examine all products upon receipt and shall notify Startee, as specified herein, of all discrepancies and refusal to accept delivery of purchased product. Such notice shall be reasonably detailed and explain the discrepancy or why the purchase product was refused. Failure to give such notice within five business days, shall be deemed a waiver of purchaser’s rights to claim such discrepancy. Purchaser agrees that such products have been accepted by purchaser as of the date of shipment. Customer Pick Up service is available from: 9:00 am to 4:30 pm [PST] Monday – Friday. Orders not picked up within 3 days of notification that order complete will be restocked with a 15% restocking fee due by the customer. Startee Apparel makes no warranty, either express or implied on the information. All information is provided to purchaser “as is”. Startee hereby disclaims any and all warranties, express and implied, relating to information including but not limited to, the implied warranty of merchantability and implied warranty of fitness for a particular purpose.
Credit Terms and Payment
Purchaser shall furnish to Startee all financial information reasonably requested by Startee from time to time for the purpose of establishing or continuing Purchaser’s credit limit. Purchaser agrees that Startee shall have the right to decline to extend credit to purchaser and to require that the applicable purchase price be paid prior to shipment. Purchaser shall not deduct any amounts owing from any Startee invoice without Startee express written approval, which approval shall be contingent upon Purchaser providing all supporting documentation for such deduction as required by Startee. A service charge of the lesser of one and one half percent (1 ½%) per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due. Purchaser agrees all orders are shipped on approved credit, through our factor. Standard approved terms are 30 days F.O.B. origin to those customers who meet the credit requirements of our factor. Non anticipation is allowed. Processing of credit applications can take up to two days. We accept cash or cashier’s checks, Visa Master Card. and American Express. We do not accept personal or company checks. If you have any questions regarding our payment terms please call our credit department as 5629265200.
Purchaser must obtain a valid Return Material Authorization (“RMA”) number from Startee for all returns. RMA’s will be issued, at Startee sole discretion, in accordance with these terms and conditions. Printed, washed, relabeled or decorated merchandise is non-returnable. Please inspect all goods before printing or decorating. Only goods that have not been altered, dyed, or processed in any way can be considered for return. Sample are discontinued styles items are nonreturnable. All claims must be made within five working days from receipt of goods. A proper return authorization from Startee Apparel, Inc. is require before any returned goods will be accepted. All return requests must reference invoice number prior to approval. Unauthorized returns will not be accepted and will be refused and return to the customer at the customer’s expense. We reserve the right to charge a 15% restocking fee and any applicable shipping charges on all returned or refused orders including pickup orders. There is a minimum $10 restocking fee.
Re–label orders are available. Please call for price quotes and minimums.
Samples will be shipped at a per piece unit price, plus freight cost. Samples are available upon request and cannot be returned.
Cancellation and Revision Policy
All cancellations are subject to Startee Apparel, Inc. approval. Cancellations will not be accepted for work in progress on custom orders. Any revisions to orders in process may be subject to a service charge. We may monitor customer service calls for quality assurance purposes. These terms and conditions apply to all orders placed with Startee Apparel, Inc., and are in addition to all terms and conditions included on any Startee Apparel, Inc. Credit application and/or Bill of Lading.
Purchaser shall bear applicable federal, state, municipal, and other government taxes (such as sales, use, etc.) Unless otherwise specified, prices do not include such taxes. Exemption certificates, valid in the place of delivery, must be presented to Startee prior to shipment if they are to be honored.
IN NO EVENT SHALL STARTEE BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEDGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. STARTEE DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PUPOSE. STARTEE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY SET FORTH HEREIN.
Patent and trademark indemnity
Startee shall have no duty to defend, indemnify, or hold harmless purchaser from and against any or all damages and cost incurred by purchaser arising from the infringement of patents or trademarks or the violation of copyrights by products. Limitation of liability Startee shall not be liable to purchaser, purchaser’s customers, or any other party for any loss, damage, or injury that results from the use or application by purchaser, purchaser’s customer, or any other party, of products delivered to purchaser, unless the loss or damage results directly from the intentionally tortuous or fraudulent acts of omissions of Startee. In no event shall Startee be liable to purchaser or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these terms and conditions, or any agreement into which they are incorporated, or any performance or non-performance under these terms and conditions by Startee, its employees, agents or subcontractors, in excess of the net purchase price of the products or services actually delivered to and paid for by purchaser hereunder, in no event shall Startee be liable to purchaser or any other party for indirect, special or consequential damages, including, but not limited to loss of good will, loss of anticipated profits, or other economic loss arising out of or in connection with Startee breach of, or failure to perform in accordance with any of these terms and conditions, or the furnishing, installation, servicing, use or performance of any products or information Startee shall provide hereunder, even if notification has been given as to the possibility of such damages. Purchaser hereby expressly waives any and all claims for such damages. In no event shall Startee have any liability for any products used for aviation, medical, lifesaving, and lifesaving, life sustaining or nuclear applications.
Choice of law/choice of forum
These terms and conditions (and any agreement into which they are incorporated) shall be construed, interpreted and enforced under and in accordance with the internal laws of the State of California, excluding its conflicts or choice of law rule or principle which might refer to the law of another jurisdiction. Purchaser agree to exercise any right or remedy in connection with these terms and conditions exclusively in, and hereby submits to the jurisdiction of the State of California, Courts of Orange County, California will have non-exclusive jurisdiction and venue over any dispute or controversy that arises out of these terms and conditions. The United Nations Convention on Contracts for the international Sale of Goods shall not apply to these terms and conditions.
These terms and conditions hall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and permitted assigns. Neither party may assign its rights and/or duties under these terms and conditions without the prior written consent of the other party given at the other party’s sole option. Any such attempted assignment shall be void. Notwithstanding the foregoing, Startee may assign any purchase order received from Purchaser to a subsidiary or affiliate upon notice to Purchaser.
If any provision of these terms and conditions hall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provision shall not in any way be effected or impaired thereby.
Failure or delay of Startee to exercise a right or power under these terms and conditions shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
The captions used herein are for reference purposes only and shall have no effect upon the construction or interpretation of any provision herein.