Terms and Conditions for Ocean Beach Sportswear Inc (OBSI)
Acceptance of Orders. All orders are subject to the approval by OBSI regarding price, quantities, and artwork. Before processing, orders must include complete shipping, billing, garment and decoration information. Shipped orders are considered accepted if no dispute is made by buyer within 5 days of receiving the order.
Pricing. Orders are accepted at the price in effect at the time of receipt. Prices are subject to change without notice. Orders are required to meet the required minimum(s) specified. Generally, the minimum order per design is 72 units (unless otherwise noted). Orders predominately of size 2X or larger may be subject to surcharge. All custom artwork is subject to a minimum $100.00 art charge.
Terms. Net 30 days for credit approved accounts. All orders are subject to credit approval prior to processing. C.O.D. shipments are not available.
Credit cards are accepted with no fees if paid BEFORE AN ORDER SHIPS. Any CC transactions with later terms will include a 3% service charge.
Order Policy. By placing an order, Buyer consents to paying the price in full. Specific delivery requirements must be indicated and approved at the time orders are placed. Modification to or cancellation of orders must be made in writing to OBSI at least 10 days prior to ship date. An order cannot be cancelled once an acknowledgment has been sent or merchandise has been put into production. In the event that an order is cancelled by Buyer, the refund will be based on the status of the order. Depending on order status the Buyer may have to pay a restocking fee or for the garments themselves. If the order is completed no refund will be issued. Shipped orders are considered accepted if no dispute is made by buyer within 5 days of receiving the order.
Completed Orders. Over-runs and under-runs not to exceed the industry standard (or 2% of the amount ordered) will constitute acceptable delivery unless otherwise specified. An appropriate credit will be made for the under amount. Buyer will be charged only for products actually shipped, and the invoice or receipt will indicate which products have been back-ordered.
Packaging and Shipping. All goods are bulk packed in heavy-duty cartons. A handling charge may be applied to your order. Expedited shipments are available. Invoice/packing list(s) are included with all shipments. Orders are shipped F.O.B. via UPS or Common Carrier Ground. Title to the products passes to Buyer when the products are tendered for delivery by OBSI to carrier. Any loss or damage that occurs during shipping or delivery is Buyer's responsibility. OBSI shall not be responsible for any loss, delay or harm caused by a delay in delivery.
Guarantee. OBSI guarantees materials and workmanship on all merchandise. However, exact color matches between dye lots and complete color fastness in all dark colors cannot be guaranteed. Some shrinkage in garments is unavoidable. To extend garment wear, washing and care instructions are attached to each garment. At times, supplies of materials, such as cotton, nylon, polyester, and acrylics are limited. OBSI reserves the right, when necessary, to substitute materials of equal or better quality, which have similar, style and comfort characteristics. This "reservation" will help OBSI deliver quality sportswear to Buyer as quickly as possible. OBSI does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the products, other than as specifically provided with respect to specific products. OBSI warrants that the goods are as described in this agreement. However, OBSI disclaims all express and implied warranties of merchantability and warranty of fitness for a particular purpose, unless specifically agreed upon in writing and made part of this agreement.
Returns. Any claims of defective merchandise must be made within 5 days of receipt of goods. Only defective merchandise that is not in agreement with the order will be accepted for credit or replacement. Failure to inspect the products and to notify OBSI if such products are defective within such period will be deemed an acceptance by Buyer of the products. Risk of Loss for Returns remains with the Buyer until OBSI accepts the return.
Intellectual Property. If OBSI produces or manufactures products specific to Buyer's request, including designs, logos, color schemes, etc., Buyer shall indemnify and hold OBSI harmless against all losses, damages, costs and expenses incurred by OBSI in connection with any claim of infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights ("Intellectual Property") of any person that results from OBSI's use of Buyer's specification. Buyer agrees to pay all reasonable attorneys fees incurred by OBSI in defense of any action relating to or claim of Intellectual Property infringement against OBSI resulting from or related to the designs or specifications provided by Buyer.
Governing Law. This contract shall be governed by the laws of the State of California, United States of America, excluding its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the sale of products. Buyer agrees to bring any claim or suit that names OBSI as a party, or otherwise involves OBSI directly or causes OBSI to be hailed into court, solely in, and submits to the exclusive jurisdiction of, the Superior Court, San Francisco County, California, or the United States District Court for the Northern District of California.
Attorney’s Fees. In the event OBSI takes legal action concerning the terms of this agreement, or if OBSI retains an attorney to secure collection of all or any portion of an account, whether or not the matter proceeds to judgment, OBSI shall be entitled to reasonable attorney's fees and out of pocket costs incurred.