TERMS AND CONDITIONS
Buyer consentst to the following Terms and Conditions
Polar Bear Tees Inc. (herein after “Polar Bear Tees Inc.” and/or "Seller") acceptance of Buyer's orders is expressly made conditional on Buyer's assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the terms and conditions set forth on this order confirmation supersede the terms and conditions of the Buyer's purchase order and will govern all transactions between the Buyer and the Seller. These terms and conditions also apply to all future transaction unless modified in writing and signed by all parties. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery. Buyer's acceptance of goods delivered by Seller in conjunction with this order confirmation is an acknowledgement by Buyer of its acceptance of these terms and conditions.
Trademarks, Copyrights, Intellectual Property Rights
All materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the PolarBearTees.com site (collectively the "Contents") are copyrights, trademarks and/or other intellectual properties owned by Polar Bear Tees Inc., unless otherwise specifically stated in writing.
Designs created by Seller are not the exclusive property of the Buyer, unless otherwise agreed to in writing. Seller retains the right to display such designs or offer them to other customers with modifications. Seller will not accept submissions that violate third party copyright, trademark, or other intellectual property laws.
Seller has the sole discretion to reject any order that Seller considers libelous, defamatory, obscene, portraying irresponsible use of alcohol or illegal substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for production.
Order Cancellation
In the case of an order cancellation by the Buyer, Seller will be entitled to full reimbursement for any costs already incurred, including penalties or restocking charges that Sellers suppliers may charge. This reimbursement shall be taken from payment and the balance refunded to the Buyer.
Substitutions
Seller reserves the right to substitute materials of equal or better quality without notification, unless advance notification is previously agreed.
Packaging
All items shall be “bulk” packaged. Seller does not provide folding, tagging, or bagging.
Notice of Defects
The Buyer must make any claims of defects, including but not limited to those 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. It is the responsibility of the Buyer to inspect upon receipt that all merchandise delivered matches its order.
Returns
Seller accepts returns and will refund payment if and when Buyer is disappointed by Sellers merchandise for one of the following reasons: (a) the blank items
themselves are materially flawed; (b) the quality of the decorating (i.e. the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design approved/submitted by the customer.
An authorization from the Seller must be obtained by the Buyer for any returned merchandise. Written authorization will be sent via email. All returns must be made within 7 days of receipt of goods. Buyer authorizes Seller to sell any garments with Buyer's label, mark, custom, design or print that have been returned, rejected, or abandoned.
Order Shipping
Orders are delivered within 14 days. Rush orders are available for a 25% rush charge and will be printed in 5 days. Freight cost to expedite receipt of order is the responsibility of Buyer. Delivery times may vary during the holiday seasons. Seller is not responsible for delays in shipping caused by incorrect shipping address.
Production schedules will be established and adhered to by Buyer and Seller, provided that neither shall incur any liability or penalty or delays due to state of war, riot,
civil disorder, fire, acts of God, action of government or civil authority or other causes beyond the control of Buyer or Seller.
Seller is not responsible for delay in Buyer’s order due to incorrect credit card information that delays credit card processing.
Seller is not responsible for any delays in transmission of orders arising out of the use of any Internet Service Provider.
Payment Policies
Seller accepts online or telephone payment via credit card or debit card. Orders must be paid in full before printing begins, unless otherwise agreed. Custom artwork orders require orders to be paid in full before art time begins, unless otherwise agreed.
Credit Terms
Seller also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit card or debit card. 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 2.14% per thirty-day period (29% 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 invoice.
Returned checks will be charged back to the Buyer, and a $50 handling fee will be charged to the Buyer.
The Seller has the right to terminate any delivery, suspend further deliveries of other shipments, and/or revoke Buyer’s credit terms in the event the Buyer fails to pay in accordance of terms and conditions set forth on invoice.
Buyer’s Resale of Goods
Buyer warrants that it has the right to sell such goods and releases and indemnifies Seller from any liability related to labels, marks, designs or other intellectual property rights in any way related to the sale or distribution of these goods.
Limit of Responsibility
Because of differences in garments, inks, screen resolution and screen color setting, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
Due to the practice of batch processing knit goods when they are dyed, Seller cannot guarantee consistency of color on garments from dye lot to dye lot on future reorders.
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 not be liable for any consequential damages.
The Buyer shall indemnify and hold harmless Seller from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Seller on grounds alleging that the said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights except to the extent that Seller has contributed to the matter.
Arbitration
Buyer and Seller agree that upon the demand of either party, any claim or dispute between Buyer and Seller shall be determined by binding arbitration. Buyer and Seller hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing.
Jurisdiction
Any transactions between the Buyer and the Seller are governed by the laws of the state of Texas.
Agreement and Acknowledgement
Buyer(s) have carefully read and agree to these Terms and Conditions.
