PURCHASE
ORDERS:
Purchase orders may
be submitted to FesslerUSA by mail or
by EDI, but not verbally. After review of
the purchase order, your
FesslerUSA account representative will either
confirm the purchase order or notify you
of any revisions. Every order must be formally
accepted by FesslerUSA in order to be valid.
CONSENT:
FesslerUSA’s acceptance
of Customer purchase orders is expressly
made conditional on Customer assent to
these terms and conditions. The terms and
conditions set forth on this invoice, credit
application and/or purchase order confirmations
supersede the terms and conditions of the
Customer’s purchase order(s) and
will govern all transactions between FesslerUSA
and the Customer. These terms and conditions
also apply to all future transactions unless
modified in writing signed by all parties.
CANCELLATIONS:
All cancellations are subject
to FesslerUSA approval.
Cancellations cannot be accepted on custom
orders after production approvals are signed
and production has begun.
NOTICE OF POTENTIAL
CLAIMS:
Customers
must notify FesslerUSA of any claims for
shortages or quality problems within
seven (7) days of receipt of goods.
Claims may not be submitted after the goods
are embellished, printed, or
garments dyed by the Customer. The Customer
is responsible for any fallout
or losses that may result from the garment
dye process or any other
embellishment process.
RETURNS & CREDITS: After
evaluating a claim, FesslerUSA may authorize
a return by issuing a Return Authorization
(“RA”). Returns are not accepted
without an authorization number (RA#).
We will not accept any merchandise
claims if the garments have been altered
by any additional processing. A
credit memo may be issued upon receipt
of goods and inspection by the
FesslerUSA quality department, and only
up to the value of the invoiced
garments. Deductions from payment are not
to be taken until the credit memo
has been issued.
OVERAGES: For custom
garments, FesslerUSA overcuts order quantities
by up to 10% in order to prevent shortages,
and ships all first quality goods. If you
will not accept overages, please mark
your order “Do Not Overcut” and
in
turn, please understand that there may
be minor shortages in the first
quantities delivered. |
SHIPPING: All merchandise is shipped FOB Orwigsburg,
Pennsylvania. Orders
are shipped by a Customer designated LTL carrier or by UPS ground. Unless
otherwise instructed, partial shipments may be made. FesslerUSA will not be
responsible for loss or damage during shipment. All freight claims for
damaged, lost, and/or missing merchandise must be filed with the appropriate
carrier.
LEGAL: If
FesslerUSA, in its sole discretion, deems
it necessary or
advisable to bring legal action to enforce
any provisions, or to collect
any past due account hereunder, the Customer
shall pay to FesslerUSA all
court costs and any and all expenses arising
out of or caused by the
litigation, excluding reasonable attorney’s
fees expanded or incurred in any
such proceedings, and all such costs or expenses
shall be included in the
judgement and shall be entitled to the benefit
of any lien securing any
payment hereunder. This agreement or any
steps taken to enforce the
provisions hereof, shall not be construed
as a limitation or election of any
remedies that the parties may have to protect
their rights hereunder or for
the materials delivered hereunder. This agreement
governs only the extension
of credit by FesslerUSA upon delivery of
materials and is in no way a
commitment by FesslerUSA to deliver any materials
whatsoever. The credit
extended under this Agreement may be terminated
by FesslerUSA at any time
when in the judgement of FesslerUSA. The
credit standing of the Customer or
any other signatories hereto becomes Impaired,
or it appears any material
representations on this credit application
are false.
JURISDICTION: Any transactions between
FesslerUSA and the Customer are
governed by the laws of Pennsylvania, and
the company and any guarantor
hereby consent to the jurisdiction of the
courts of Schuylkill County,
Pennsylvania for any claims or controversies
arising in the sale of garments
by the Creditor to the Customer. FesslerUSA
also reserves the right to sue
the Customer or it guarantor in the province
or state of its domicile.
AUTHORITY: The information given on this
credit application is for the
purpose of obtaining credit and is warranted
to be true. I authorize
FesslerUSA to investigate the references
listed pertaining to our credit and
financial responsibility and warrants and
represent that I am fully
authorized to enter into this Agreement
by and on behalf of FesslerUSA. |
