|
CONTACT NAME (required)
COMAPNY NAME (required)
CITY (required)
STATE (required)
ZIP (required)
EMAIL (required)
ZIP (required)
TELEPHONE (required)
YEARS IN BUSINESS(required)
DUN# (required)
ZIP (required)
OWNERS / PRINCIPALS
NAME(required)
OWNERSHIP %(required)
ADDRESS(required)
CITY (required)
STATE (required)
ZIP (required)
TELEPHONE (required)
SOCIAL SEC. #(required)
TRADE REFERENCES
REFERENCE 1
NAME
OWNERSHIP %
ADDRESS
CITY
STATE
ZIP
TELEPHONE
REFERENCE 2
NAME
OWNERSHIP %
ADDRESS
CITY
STATE
ZIP
TELEPHONE
REFERENCE 3
NAME
OWNERSHIP %
ADDRESS
CITY
STATE
ZIP
TELEPHONE
Buyer, buyers have carefully read and agree to the credit application terms and conditions
stated below. Credit Applicant authorizes Expert Performance T and/or Casual Performance, Inc. to
verify the credit of the company and /or individuals whose Digital Signature appear below. DO NOT
DIGITALLY SIGN / SUBMIT UNLESS YOU HAVE READ THE TERMS BELOW.
FULL NAME = "DIGITAL SIGNATURE"
FULL NAME(required)
BUYER CONSENTS TO THE FOLLOWING TERMS AND CONDITIONS:
Seller's acceptance of Buyer's orders is expressly made conditional on Buyer's assent to these
terms and conditions. The terms and conditions set forth on this invoice, credit application,
and/or order confirmation supersede the terms and conditions of the Buyer's purchase order(s) and
will govern all transactions between the Buyer and the Seller. These terms and conditions also
apply to all future transactions unless modified in writing signed by all parties.
NOTICE OF DEFECTS: The Buyer must make any claims related to shortages, quality, or specification
within the first 7 days after the receipt of merchandise. The Seller cannot be responsible for
shortages when shipments are directed to a third party.
GARMENT DYERS BEWARE, PRINTERS BEWARE: MODIFY THE GOODS AND YOU OWN THEM. Once merchandise is
printed, garment dyed, or altered in any way, the Buyer cannot return or make a claim relating to
such merchandise. The Seller is not responsible for fallout or loss during the garment dye process.
Regularly test the merchandise for garment dyability.
RETURNS: A written authorization from the Seller must be obtained by the Buyer for any returned
merchandise. The Seller will charge the Buyer a 20% restocking fee for any returned merchandise.
Buyer authorizes Seller to sell any garments with Buyer's label that have been returned, rejected,
or abandoned.
DEFAULT:
It is understood that should the Buyer become delinquent in payment, no further credit
will be extended and the Seller will charge the Buyer a past due service charge at the rate of 1
1/2% per month (18% per annum), collection agency fees in the amount of 30%, and/or reasonable
attorney's fees, and all other costs and expenses which may be incurred by the Seller in the
enforcement of the terms and conditions set forth on this invoice, credit application, and/or order
confirmation. Any returned checks will be charged back to the company, and a $25 handling fee will
be charged to the Buyer. If the Buyer's account is insured and the Buyer's account is turned over
to a receivable insurance company for a claim, Seller can also charge the client an additional 30%
of the principal amount due which is in default. It is understood that these charges are a
reasonable estimation of the damages Seller will incur upon Buyer's default.
JURISDICTION: Any transactions between the Buyer and the Seller are governed by the laws of
California, and the company and any guarantor hereby consent to the jurisdiction of the courts of
Los Angeles County, California, for any claims or controversies arising in the sale of garments by
the Seller to the buyer. The Seller also reserves the right to sue the Buyer or its guarantor in
the province or state of its domicile.
EXCLUSION OF IMPLIED WARRANTIES:
THE BUYER RECOGNIZES THAT IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES IMPLIED ARE EXCLUDED FROM ANY
TRANSACTION BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO THE GOODS SOLD BY SELLER. SELLER SHALL
ALSO NOT BE LIABLE FOR ANY CONSEQUENTUAL DAMAGES.
ACCEPTANCE OF GOODS WITH KNOWN DEFECT WAIVES CLAIM FOR DAMAGES. Buyer must notify Seller in writing
of all claims for damages resulting from late delivery or any other defect that is known to Buyer
at the time Buyer accepts the merchandise. Buyer hereby waives any claim for damages resulting from
any defect Buyer is aware of; including late delivery, at the time Buyer accepts the merchandise.
NO RESPONSIBILITY. Buyer acknowledges that Seller has no responsibility for any work performed by
any vendor referred by Buyer and hereby waives any right to assert any claim against Seller for
work performed by any other firm, including but not limited to claims for negligent referral,
agency, or respondent superior.
DETERIORATION OF BUYER'S CREDIT:
The Seller has the right, in addition to other remedies provided
by the law, to terminate any delivery or suspend further deliveries of other shipments in the event
the Buyer fails to pay for any one shipment when the same becomes due. Should the Buyer's financial
condition become unsatisfactory to the Seller, the Seller may require cash payments or satisfactory
securities for delivery of goods.
PERSONAL GUARANTY:
If the individual signing this invoice, credit application, and/or order
confirmation is a duly appointed officer of the company named on this invoice, credit application,
and/or order confirmation, hereafter referred to as the "Company" within this paragraph, then in
consideration of such credit extended and /or to be extended by Seller in its discretion to the
Company, the undersigned (who, if more than one, shall be jointly and severally bound) hereby
unconditionally guarantee(s) to the Seller and its successors, endorsees, and assigns the punctual
payment when due, with such interest as may accrue thereon either before or after any maturity(ies)
thereof, of all debts and obligations of the Company and any other party or parties, now existing
or hereafter arising, as well as the performance and observance by the Company of the terms,
conditions, stipulations, and agreements of the Company contained in this invoice, credit
application, and/or order confirmation, any invoice or order confirmation of the Seller. This
Guaranty will be a continuing and irrevocable guaranty and indemnity for such indebtedness of the
Company. The undersigned do(es) hereby waive notice of acceptance of this guaranty, notice of the
occurrence of any default, presentments, demand, protests, and notices of any and all action at any
time taken or omitted by the Company regarding its indebtedness to Seller. The signer consent(s) to
any modification or renewal of the credit hereby guaranteed. This guaranty shall bind the
executors, administrators, and assigns of the undersigned and shall remain in force and effect
unless and until canceled by written notice sent to Seller by registered mail, in which case it
shall then be binding as to any balances still owing and outstanding as of the date of Seller's
receipt of such registered notice. This guaranty also gives Seller the right to investigate credit
from time to time of both the Seller and the personal guarantor(s), if deemed necessary.
BY CLICKING SUBMIT YOU AGREE TO ALL TERMS AND CONDITIONS
|
