Terms

Terms and conditions between the customer listed on the invoice (known as customer herein) and BOEW (known as the company herein) shall not be superseded or replace by any other conditions of sale, purchase order specifications or terms to govern this transaction or relationship between the customer and BOEW, unless specifically agreed to by BOEW in writing. Any and all changes following this agreement will be duly recorded and changes will be made. All proposals, negotiations and agreements (oral or written) regarding this transaction and made prior to the date hereof are merged herein and this document shall constitute the whole agreement between the parties in respect to this transaction. The acceptance (submit) for the customer warrants and represents he/she is the authorized representative of the customer and will assume any and all liability for the said transaction failing that authority. Unless approved credit has been arranged and approved by BOEW , minimum payment of 50% of the total purchase price shall be required at the time that the order is placed. No production will occur until this amount is collected. Unless paid in advance, the balance of the purchase price is to be paid at the time of delivery by BOEW or its agent, by cash, certified check or money order payable to BOEW. Customers with approved credit shall pay the outstanding balance of each invoice within 30 calendar days of delivery. If customer fails to pay in full, the customer agrees to pay a late charge to BOEW of 15% interest per month, 20% per annum on the unpaid principal and interest as compounded monthly and/or a minimum of $5.00 U.S. Dollars per month. If BOEW is to pursue collection of its debt, the customer agrees to pay all collection and legal expenses incurred in the collection. Cancellations by the customer are subject to a 25% percent restocking fee if no alterations have been made to the items. If the items ordered have been altered in any way in production no cancellation can be made and the full purchase price is required to be paid by the customer at the full terms of this agreement. All artwork, drawings, copies, computer disks and information, computer images, samples and sew - outs created by BOEW shall remain BOEW's exclusive property. The customer warrants that orders placed do not involve any infringement of any license, copyright or proprietary right or interest of any person or entity and that the said order contains no matter that is libelous or illegal. The customer agrees at the customers own expense to promptly defend and continue defense of any such claim, action or proceeding that may be brought against BOEW. BOEW warrants that the items are as described in this agreement. Although, due to market conditions, mill variations and availability beyond BOEW's control BOEW cannot guarantee consistency fabric dye colors, thread colors and availability of prescribed items throughout an individual order or from one order to the next. BOEW reserves the right to substitute material of equal or better quality without notification to the customer. BOEW makes no guarantee against fading, shrinking or any other deterioration of garments or decoration during laundering. Returns will be accepted for garment manufacturing flaws only and must be pre-authorized. Shortages and discrepancies must be reported within 5 calendar days of delivery. Failure to make such a timely claim shall constitute complete irrevocable acceptance of the shipment. Worn, soiled and non-defective goods are not returnable. All returned items are subject to BOEW inspection and repair or replacement in lieu of credit or refund. Liability of BOEW is limited to the stated price of product or service. All shipping and handling costs are FOB from our facility in Jacksonville, FL and payable by the customer. Extra charges will apply to priority shipping requested by the customer. If BOEW is unable to meet an unordinary deadline liability shall be limited to the extent of rush charges if applicable only. BOEW assumes no liability for failure on the part of the shipping company in promptly delivering the order. All delivery schedules are based on normal projections regarding the availability of goods, normal preparation and running time and the like. BOEW is not liable for non-compliance due to circumstances beyond its control. The charges for labor, set up and for discs, computer set ups and artwork do not entitle the customer to the work product, which is part of BOEW preparation for completion of the finished product. Said work product remains the property of BOEW unless otherwise specified in writing. Additional variations to a design will be charged at current rates. Customer approval of sew out or digital image shall be deemed as permission to process goods to fulfill an order. Over-runs and under-runs not to exceed 5% of the order and shall constitute acceptance of delivery unless otherwise specified. An appropriate credit, at the unit price, will be made for under-runs. BOEW assumes customer has read and agrees to the prescribed terms