Terms And Conditions Of Sale
For Commercial Customers
1. Approval
Orders placed with Lakeshirts are not binding on Lakeshirts until approved at Lakeshirts’ home office. All orders are subject to these Terms & Conditions, which may not be modified except in writing and signed by Lakeshirts’ duly authorized representative. Any additional or different terms in Customer’s order or confirmation are not binding on Lakeshirts.
2. Warranty
Lakeshirts Warrants That All Goods Will Conform To Order Specifications. All
Other Warranties, Express Or Implied, Including Without Limitation, Warranties Of
Merchantability And Fitness For A Particular Purpose, Are Excluded.
3. Bill-and-hold Terms
Customer may order goods from Lakeshirts and request that Lakeshirts hold the finished goods until a later delivery date. This practice, known as “Bill-and-Hold,” must be pre-approved. In such cases, Lakeshirts and Customer specifically agree as follows:
- Customer agrees that after the goods are actually produced by Lakeshirts, the goods belong to the Customer and the sale is not subject to cancellation;
- The goods will be shipped in order to be received by the date agreed upon, but Customer may request earlier delivery at any time after the goods are produced;
- Lakeshirts agrees that after the goods are produced for the Customer, the goods belong to the Customer and Lakeshirts shall not sell or transfer the goods to any other Customer; and
- Customer will not be billed for the courtesy of storage of the goods by Lakeshirts prior to shipment unless Customer requests that Lakeshirts extend the “hold” period beyond the original “ship by” agreed upon date.
4. Acts Of God
Lakeshirts shall not be liable for any delays in delivery or any failure to deliver due to causes beyond Lakeshirts’ control, including without limitations, to acts of God, war, mobilization, civil commotion, riots, embargos, domestic or foreign governmental regulations or orders, fires, floods, strikes, lockouts or
other labor difficulties, machinery breakdowns, or shortages of or inability to obtain shipping space or transportation.
5. Shipping
Customer is solely responsible for freight, transportation, insurance, shipping, storage, handling, demurrage or similar charges, unless by the express terms of the sales invoice, the same are included in the price.
6. Industry Standards
Lakeshirts is not liable for normal variations in tolerance, dimensions, weights, color and quality within
industry standards. Weights, sizes and quality are determined at Lakeshirts’ premises or other source of supply and are conclusive.
7. Disputes
All controversies and claims arising out of or relating to the Customer’s purchase of goods from Lakeshirts
shall be subject to the exclusive jurisdiction of, and be venued in, the Minnesota State Courts. All sales are governed by and construed according to the laws of the State of Minnesota.
8. Amendments
These Terms & Conditions may not be modified or terminated orally. No claimed modification, termination
or waiver of any of the same shall be valid unless in writing and signed by Lakeshirts’ duly authorized
representative.
