Ordering Terms & Conditions
Orders for Heat Transfer Clothing Corporation goods (the "Goods") are subject to the following terms and conditions of sale. These terms and conditions of sale shall govern the sale of Goods from Heat Transfer Clothing Corporation ("Heat Transfer Clothing") to you and/or the company you are authorized to represent ("you"). Heat Transfer Clothing's performance is expressly made conditional upon your agreement to these terms and conditions of sale. Any provisions or conditions of any purchase order or other document, which are inconsistent with or in addition to these terms and conditions are hereby rejected and shall be inapplicable and not binding upon Heat Transfer Clothing.
1. Ordering. Heat Transfer Clothing shall accept your orders through electronic means for web-based orders. You may not cancel an order accepted by Heat Transfer Clothing (i.e., they are non-refundable), except upon the consent of Heat Transfer Clothing in each instance. You must pay for your orders with a credit card or PayPal account. Heat Transfer Clothing shall deliver Goods F.O.B. Heat Transfer Clothing’s shipping facility; risk of loss for Goods passes to you once Goods are loaded onto the courier at Heat Transfer Clothing's facility. Heat Transfer Clothing shall make commercially reasonable efforts to meet any shipment date stated on the face of any accepted order. However, you understand and agree that shipment of Goods is subject to availability, and HEAT TRANSFER WAREHOUSE EXPRESSLY DISCLAIMS LIABILITY FOR ANY FAILURE TO MEET SUCH DELIVERY DATES. Heat Transfer Clothing shall have the right to deliver Goods at one time or in portions from time to time, and to invoice for those portions delivered. Payment will not be considered final until all freight charges and taxes billed to you have been paid. A $3.95 handling charge will be added to each order. You may order samples from Heat Transfer Clothing and receive a full refund if you return them within thirty (30) days and pay for all related shipping charges. Heat Transfer Clothing offers free freight on orders over $200.00 shipped via ground with Heat Transfer Clothing's preferred carrier within the contiguous United States, excluding oversized travel bag styles 413006, 413007, 413009, 413010, 413017, 413018, 413018C, 413019, 417018, 421001, 427002, 611024, 611701, and TG0238 and closeout merchandise. This includes split shipments. Heat Transfer Clothing may periodically offer other free freight promotions and free freight is subject to change.
2. Payment. You shall purchase Goods in accordance with Heat Transfer Clothing's price list in effect at the time of the order (less other discounts, if any). Prices are exclusive of all sales or use taxes, tariffs, customs (except fees associated with original U.S. importation which Heat Transfer Clothing pays), duties and other governmental charges. You shall pay or reimburse Heat Transfer Clothing for any and all such charges. All freight is F.O.B. point of origin. You remain responsible for all shipping and handling charges including, without limitation, failure by the consignee to pay shipping charges, failure by any third party to pay shipping charges, or an incorrect or invalid shipping account number. Heat Transfer Clothing accepts American Express, Visa and MasterCard. Heat Transfer Clothing does not accept third party credit cards.
3. Pricing. All prices are subject to change without notice. Heat Transfer Clothing assumes no responsibility and shall incur no liability whatsoever if price change notices are not received. In the event of new federal or state taxes or legislation affecting the costs of products or items, Heat Transfer Clothing reserves the right to increase prices as it deems appropriate or necessary. Merchandise is subject to change or withdrawal, or may be temporarily or permanently out of stock. We assume no liability for delays or failure to deliver due to our inability to obtain supplies. Heat Transfer Clothing has no minimum order amount; however, orders under $50.00 are subject to a $5.00 service charge.
4. Backorders. Backorders can only be placed for Goods that are out of stock at all of our warehouse locations at the time that the order is placed. Warehouses cannot be specified for backorder fulfillment and all backorders will be filled as inventory is available. You will not be charged until your backorder ships. All items are priced at the time of fulfillment. Only sale pricing and promotional discounts that are active at the time that the backorder is filled will be applied. Promotional “Promo” codes cannot be applied to backorders. There is no service charge for backorders and all backorders ship free freight when shipped within the contiguous United States. Shipping method is at Heat Transfer Clothing’s discretion and may vary by location. You will receive fulfillment notification from us as Goods are available. No backorders will be accepted for discontinued or closeout merchandise. Fulfillment of backorders is subject to the availability of Goods. Estimated Times of Arrival (“ETA”s) provided at the time of backorder placement are courtesy estimates only for when Goods are expected to be received by Heat Transfer Clothing. We assume no liability for delays or failure to deliver due to our inability to obtain supplies.
5. Returns and Cancelled Orders. It is your responsibility to check for discrepancies or defects in an order before any alterations or embellishments are made. Returns must be authorized by Heat Transfer Clothing in advance. Claims for returns for defective Goods must be made in accordance with the warranties in Heat Transfer Clothing’s General Terms & Conditions of Sale. Altered or embellished garments, excluding irregulars, are not returnable. Authorized returns must be accompanied by a return authorization form or number from Heat Transfer Clothing. Returns without original corresponding invoice number(s) will be credited at the lowest published price. Cancelled orders or returns of unwanted merchandise must be approved in advance and may be subject to a 20% restocking fee plus applicable shipping charges. Merchandise that is not Heat Transfer Clothing’s will be returned to you at your expense or disposed of by Heat Transfer Clothing. Discontinued or closeout items are not returnable. All returns must be prepaid. Please contact Heat Transfer Clothing Customer Service for a return authorization and shipping address.
6. Export Shipments. Many Goods that have been imported into the U.S. cannot be exported to other countries. It is your responsibility to check with their freight forwarder to confirm foreign documentation requirements and verify that items to be exported will be released by customs at the final destination. Heat Transfer Clothing is not responsible for providing this information or any documentation required to export goods purchased from Heat Transfer Clothing or for re-importation to the U.S. The exportation of The North Face, Alternative Apparel and New Era outside of the U.S. is prohibited. The exportation of Nike product outside of the U.S. is prohibited (including to Puerto Rico, Guam and the Virgin Islands). The exportation of Eddie Bauer product outside of the U.S., Puerto Rico, Canada or Mexico is prohibited.
General Terms & Conditions of Sale
Orders for Heat Transfer Clothing Corporation goods (the "Goods") are subject to the following terms and conditions of sale. These terms and conditions of sale shall govern the sale of Goods from Heat Transfer Clothing Corporation ("Heat Transfer Clothing") to you and/or the company you are authorized to represent ("you"). Heat Transfer Clothing's performance is expressly made conditional upon your agreement to these terms and conditions of sale. Any provisions or conditions of any purchase order or other document, which are inconsistent with or in addition to these terms and conditions, are hereby rejected and shall be inapplicable and not binding upon Heat Transfer Clothing.
1. Warranties, Disclaimer, Limitations on Liability. Heat Transfer Clothing warrants only that the Goods shall be free from material defects on the delivery date, provided, you store and handle the delivered Goods in such a manner that meets or exceeds the storage and handling procedures utilized by Heat Transfer Clothing.
You must provide Heat Transfer Clothing with written notice of any warranty claims no later than thirty (30) days after receipt of the applicable order of Goods. Failure to provide written notice within such 30-day period shall void Heat Transfer Clothing's warranties in their entirety. As Heat Transfer Clothing's sole responsibility and liability, and YOUR ONLY AND EXCLUSIVE REMEDY for any breach or breaches of such warranties, Heat Transfer Clothing shall, upon written notice from you, either (at Heat Transfer Clothing's option) replace the defective portion of the Goods, or accept return thereof and refund the price paid by you for the defective portion. Any misuse, improper handling, storage, use, modification or alteration of the Goods by any third party shall void the forgoing warranty. You shall remain entirely responsible for any shipments by you or your company for purposes of returning defective products or packages hereunder to Heat Transfer Clothing, and all risk of loss or damage during shipment shall be born by you. Heat Transfer Clothing will pay (or reimburse you) for reasonable shipping and handling charges limited to valid warranty claims.
You agree and acknowledge that any benefits derived from use or resale of the Goods will depend on factors which vary from business to business and which are not within Heat Transfer Clothings control. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE GOODS TO MEET YOUR, YOUR COMPANY'S OR ITS CUSTOMERS' NEEDS, AND HEAT TRANSFER CLOTHING MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OR SALE OF THE GOODS IN YOUR BUSINESS. THE WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES MADE BY HEAT TRANSFER CLOTHING. HEAT TRANSFER CLOTHING EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE AND ANY IMPLIED INDEMNITIES.
IN NO EVENT WILL HEAT TRANSFER CLOTHING BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR THE USE OR SALE OF GOODS BY YOU, OR ANY OTHER PARTY, OR FROM THE MANUFACTURE, SALE OR USE OF ANYTHING MADE BASED ON THE GOODS, EVEN IF HEAT TRANSFER CLOTHING IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT FOR INJURIES TO CONSUMERS DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HEAT TRANSFER CLOTHING. You agree that, regardless of the form of action, whether in contract or tort, including negligence, Heat Transfer Clothing's liability for damages claimed by you with respect to the Goods shall not exceed fees received by Heat Transfer Clothing from you for the applicable Goods hereunder. Regardless of the form of action, whether in contract or tort, including negligence, Heat Transfer Clothing's liability for damages claimed by third parties with respect to the Goods, as between Heat Transfer Clothing and you shall not exceed fees paid to Heat Transfer Clothing hereunder. No action, regardless of form, arising under this Agreement (other than an action for non-payment of any purchase prices or other amounts owed by you to Heat Transfer Clothing), may be brought by either party more than one (1) year after the date of the alleged breach. Heat Transfer Clothing shall not be liable for any failure to perform under this Agreement where such failure is due to any cause beyond Heat Transfer Clothing's control.
You hereby release and shall defend and hold Heat Transfer Clothing and its owners and agents harmless from and against any actual or threatened claims, losses, liabilities (including without limitation any punitive damages and fines), costs and expenses (including without limitation reasonable costs of litigation and attorneys' fees) related to third party actions (a) in which it is determined that Heat Transfer Clothing is not at fault; and/or (b) arising from or relating to any acts or omissions by you, your company or your customers.
2. General. Our relationship is one of independent contractors. No agency, employment, partnership or joint venture shall be created by or founded upon this Agreement. You shall not make or assign, or represent to any party, by implication or otherwise, that it may make or assign, any warranty or representation by or for Heat Transfer Clothing, nor shall you attempt, or represent that it is entitled, to make any commitment, waiver or settlement on behalf of Heat Transfer Clothing or to pledge the credit of Heat Transfer Clothing. This Agreement shall be governed by and construed under the laws of the State of Washington, without regard to any conflicts of law principles to the contrary. The parties consent to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue in the Superior Courts of King County, Washington. You agree not to object to this jurisdiction and venue, and hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens. Any notice or request hereunder shall be made in writing delivered in person to an authorized officer of the respective party or mailed or transmitted by cable or telecopier, for Heat Transfer Clothing, to the current contact information on our website at www.heattransferclothing.com, and, for you, to the address Heat Transfer Clothing has on file for you in your most recent approved credit application (unless changed by written notice of a different address). Your rights hereunder are personal to you and the company you represent, and may not be assigned or transferred in whole or in part by you, nor may any benefit hereunder inure to any trustee in bankruptcy, receiver, or successor, whether by operation of law or otherwise, without the prior written consent of Heat Transfer Clothing, and any attempted assignment or transfer without such consent shall constitute a breach hereunder and shall be void. No omission or delay on the part of either party hereto in requiring due and punctual fulfillment of the obligations of the other party shall be deemed to constitute a waiver of any of the rights of the omitting or delaying party unless such rights are waived in the particular instance in a writing delivered to the other party, and no such waiver shall apply to any other instance or obligation. If any provision of this Agreement is held to be invalid or unenforceable to any extent in any context, it shall nevertheless be enforced to the maximum extent allowed by law and the parties' fundamental intentions in that and other contexts, and the remainder of this Agreement shall not be affected thereby.