|
At TreeTop Apparel we want all of our clients to be pleased with their orders. We have reasonable policies and expect clients to be reasonable as well. For those with an appitite for legal terms and conditions, we've listed ours below ; ) |
|
TreeTop Terms and Conditions |
| Acceptance |
| When Customer faxes an executed copy of a TreeTop Quote it is a conditional acceptance by TreeTop of Customer offer to purchase TreeTop goods and Customer acceptance of TreeTop's published Terms and Conditions (as noted on the second page of TreeTop Quote). The TreeTop Quote and Terms and Conditions may contain terms that differ from or add to those contained in Customer purchase order, should it have one. To the extent that this is the case, TreeTop hereby expressly conditions its acceptance of your offer on TreeTop's assent to the additional or different terms. TreeTop's emailed transmission of the TreeTop Proof Approval Form to Customer shall constitute acceptance of any such additional or different terms. |
| Cancellations and Changes to Existing Orders |
| Once Customer faxes the Proof Approval for their order TreeTop cannot guarantee the order can be changed or cancelled. TreeTop will however make every effort change or cancel the order per Customer wishes. There will be a $50 charge for all cancelled orders to cover the cost of order entry and preparation expenses . Additional amounts may be charged depending on how much work has been completed by the factory up to the time of cancellation. All costs incurred by TreeTop will be the responsibility of the Customer and will be charged to the credit card or deducted from the check refund (if order was paid for by check). |
| Claims, Adjustments and Returns |
| TreeTop guarantees that goods will be free from defects caused by faulty materials or poor workmanship upon delivery. Under this guarantee TreeTop at its option will repair, replae, or give credit to the Customerfor any goods found defective providing that: |
| - TreeTop is contacted by phone at (877) 270-3949 or via email at support@treetopapparel.com within 10 calandar days of receipt of order. - The defective goods are returned to TreeTop, with carraige prepaid by Customer. - Examination of the goods by TreeTop reveals to its satisfaction that such defect exists and has not been caused by misuse, neglect, accident, improper storage or handling or by repair or alteration not effected by TreeTop. - Non-delivery by any carrier must be notified by the Buyer within 7 days of expected delivery date for orders produced without a specified "Drop-Dead" in-hands date, or on the day of expected delivery for orders produced for a "Drop-Dead" in-hands date. (Please see further information about scheduled delivery in the Shipping Delays section.) |
| Goods are only returnable after Customer has contacted TreeTop for a Return Authorization number. TreeTop's responsibility shall be limited to the cost of the goods and/or services as quoted and excludes all responsibility for any damage however caused consequential upon or resulting from the supply of goods and/or services. |
| Delivery |
| Customers who place orders and specify that their an order MUST arrive on or before a certain date (the bottom choice of the three choices in the Production Time section on our order form) will be notified before TreeTop's acceptance of the order whether their specified in-hands date can be met. If TreeTop accepts the order with the specified in-hands date, the Customer has certain rights and assumes certain liabilities. By accepting the order, TreeTop guarantees that the order will ship in time to arrive by the specified date (based on carrier-published transit times) via UPS, FedEx, or (in rare instances) via another qualified carrier. If expedited shipping will mean additional cost to the Customer, the Customer will be notified and given the option of approving the additional costs or cancelling their order. |
| While extremely rare, even well-established carriers like UPS and FedEx do sometimes fail to deliver a shipment according to their published transit time schedules. As of the date on which these terms were written, all FedEx and UPS service transit times are "guaranteed day-definite" (even for ground shipments). However, both UPS and FedEx stipulate that in the event that a delivery is late, the shipper is eligible only for a refund of the shipping charges. By placing an order with a required in-hands date Customer agrees to assume the risk that UPS, FedEx, or (in rare instances) another qualified carrier might fail to deliver the order according to their published transit times. If the Customer's in-hands date is missed due to a shipping delay on the part of the carrier, Customer agrees it will not hold TreeTop Apparel responsible for the delay. |
| In no case shall TreeTop be liable for any consequential or special damages arising from any delay in delivery. At the time these terms were written, our on-time percentage for orders with a required in-hands date is over 99%. |
| Force Majeure |
| Without predjudice to any other of these conditions, TreeTop shall be under no liability for delay or non-performance of any obligations hereunder due to any circumstance whatsoever beyond TreeTop's control. |
| Law |
| Customer and TreeTop agree that any contract hereby entered into has been made and is to be construed to Tennessee State Law. |
| Logo and/or Message |
| Responsibility for use of any logo and/or message in printing is the sole responsibility of the Customer. TreeTop produces orders per Customer instructions. Customer is responsible for ensuring that they have the legal right to use any and all logo and text with which they instruct TreeTop to print on the goods ordered. |
| Merchandise |
| We try to provide clear, color-accurate product images on the TreeTop website. Web images are inherently limited in their ability to accurately communicate product size, color and detail. Customers shouldn't assume to know a product's nature based on digital images alone. Customers who choose not to order a product sample prior to placing their bulk order will be solely responsible for any difference between the image of a product on the TreeTop site and/or quote and the actual product. |
| TreeTop encourages customers to require a printed sample of the actual product before placing an order in bulk quantity. In cases where the cost or delay to have a sample printed with Customer design is prohibitive we encourage Customers to order a Random Sample (a sample of the item that has been previously been printed with some other design) to examine the product and imprint quality. While we are very careful about the manufacturers we use to produce orders, manufacturing variations are unavoidable. By choosing to place an order with TreeTop, you are agreeing to accept merchandise with reasonable manufacturing variances in product material, color and packaging. The most common example of this is the variance often observed in apparel dye-lots. |
| Overages and Shortages |
| TreeTop reserves the right to ship and subsequently bill or credit up to 10% over or under the desired quantity. Most orders are filled within 5% of ordered quantity and TreeTop Quotes list 5% overruns as a separate line item - charged at 1/2 price. |
| Payment |
| All first-time orders from Customers are accepted on a prepaid basis by Visa, Mastercard, American Express, or Discover Card. We also accept Company and Personal Checks. If a check is returned for Non Sufficient Funds we will assess a $50 fee. We reserve the right to wait for any check to clear prior to releasing Customer order to production at our discretion. |
| Pricing |
| We make every effort to keep website pricing up to date. We reserve the right to change pricing on the TreeTop website at any time without notice. Custom Quotes for less than $10,000 worth of goods represent firm pricing and are valid from 30 days from the date a quote was issued. We reserve the right to revise Custom Quote pricing valued at under $10,000 in writing anytime prior to Customer's sending executed Custom Quote form to TreeTop via fax. All Custom Quotes valued at $10,000 or greater are for informational purposes only. All orders to purchase received via faxed Custom Quote form with a total value of $10,000 or greater are considered an Offer to Purchase made by Customer. TreeTop reserves the right to accept or refuse orders for greater than $10,000 at it's sole discretion. |
| Sales Tax |
| TreeTop is required by law to collect all applicable sales taxes for the state, counties and cities of Tennessee. Customers who are exempt from sales tax should provide TreeTop with their resale certificate by faxing it to (877) 783-9546. As of the date these terms were written, TreeTop is not required to collect sales tax from Customers outside of Tennessee. However, even Customers located outside Tennessee are required to pay sales tax if their order will be shipped to a Tennessee address. |
| Transfer of Ownership & Risk |
| All goods become property of the Customer at the time they are accepted by the Carrier. The risk in the goods shall pass to Customer upon delivery. |
| Warranties |
| TreeTop will make available to you all transferrable warrantees made to TreeTop by the Manufacturer of the goods. TreeTop makes no other express or implied warranties and specifically makes no implied warranties of merchantability or fitness for purpose. |