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Terms and Conditions
Microsoft Word - Terms and Conditions
Terms and Conditions
BECOMING A CUSTOMER
By becoming a customer of Whispering Pines Sportswear, you agree to purchase in accordance with all of the following terms and conditions. Whispering Pines Sportswear does not sell to the general public. Our channel of distribution is through commercial screen printers, embroiderers and advertising specialty professionals. Prospective customers must supply a valid state resale license/permit.
ORDERING, PRICING AND AVAILABILITY
Prices are subject to change without notice. Customers will be charged the prices in effect at the time of invoicing. Orders submitted via our website receive web pricing. We assume no liability for delays in shipping or failure to deliver due to our inability to obtain needed products. There is no minimum order.
Once submitted, all orders are final and cannot be changed. SHIPPING, INCLUDING OUR FREE FREIGHT PROGRAM
All orders of over $200 shipped throughout the Continental United States, including drop ship
orders, are eligible for free freight. If per our choice, an order that qualifies for free freight is to be shipped via truck, the order may not ship until the following business day.
Whispering Pines Sportswear cannot be responsible for any delay by the shipper or for any damages incurred due to such a delay.
RETURNS AND CANCELLED OR REFUSED ORDERS
If you have a problem or discrepancy with an order, contact our customer service department at (800) 548-4710. Please have your invoice available for reference. Claims for shortages, damages or defects must be made within 5 working days of receipt of order. Merchandise may not be returned after 30 days from date of invoice for any reason. Returns for credit will not be accepted without a valid Return Authorization Number. If goods are returned without a valid Return Authorization Number, the goods will be returned to the customer at the customer’s expense. All refused shipments will be subject to a restocking fee of 10% or $10.00, whichever is greater. If Whispering Pines Sportswear has paid the freight charges for any order that is subsequently refused or returned, the customer will then become liable for any and all freight or shipping fees (both ways) associated with that order. Discontinued/Closeout items may not be returned at any time. All charges associated with any refused shipment must be settled prior the customer’s next order. Canceled orders will incur a restocking fee of 10% or $10.00, whichever is greater. Any other fees or charges related to the canceled order will also be charged to the purchaser.
It is the responsibility of the PURCHASER to completely check in all orders prior to contacting Whispering Pines Sportswear regarding any problems with the order. Altered or printed garments may not be returned. Garments should be inspected prior to decorating. If the order is shipped to a third party, IT IS STILL THE RESPONSIBILITY OF THE PURCHASER TO HAVE THE ORDER CHECKED FOR ACCURACY. If you receive the wrong items and alter or print them, you will be invoiced for those items. We will then provide the correct items to satisfy the original order and invoice. We may require evidence, photographic or other before authorizing any return for damaged goods.
Return Guidelines/Instructions:
Items returned must be in original, sellable, condition.
The RA number should be clearly marked on the outside of your box.
Please return your items to: Whispering Pines Sportswear
ATTENTION: RETURNS DEPARTMENT
404 Usher Street Pageland, SC 2G728
Your credit will be processed within 10 to 14 business days from receipt of goods.
If you have questions regarding your credit, please email us at: cs@wpsportswear.com.
RA numbers are valid for G0 days. Any RA number older than G0 days will be canceled and you will need to contact us for a new RA number before you can return the product to us
CREDITS
Credits for net term, cash or company check customers will be posted to their account. A credit may be used toward any future purchase any time after the credit has posted in our system. If a credit card was used when placing an order, a credit will be issued against that SAME card if a credit is due. No refunds, cash or other, will be given at any time.
TERMS OF PAYMENT
If you have any questions regarding our payment terms, please contact our Credit Department at (800) 548-4710.
Payments may be made by company check (Allow 3 - 5 business days for check to clear), credit card or other terms following credit approval by Whispering Pines Sportswear.
Available payment options: Stocking Orders:
Net Terms with factor approval
Credit Card
ACH
Wire Transfer
Payment in advance by check. Order will be held for 3 - 5 business days awaiting bank clearance.
Cashier Check/Money order – No 10-day waiting period
Special Make Orders:
50% deposit in advance with purchase order placement. (Credit Card, ACH or Wire Transfer)
Balance before releasing goods (Net Terms with factor approval, Credit Card, ACH or Wire Transfer)
Please see below.
Net Terms with factor approval. Terms are granted only after a fully completed credit application has been submitted and approved by our Factoring Company . We reserve the right to revoke credit terms at any time.
CREDIT CARDS. We accept Visa, MasterCard, Discover and American Express. Credit Card orders are subject to a 3% fee. If a credit card is used to clear a term account, a 3% fee will be added prior to posting.
COMPANY CHECK: A Company Check
RETURNED CHECKS. A $30.00 fee will be charged for all returned checks, regardless of reason.
Additional Terms and Conditions
DISCLAIMER OF WARRANTIES. WHISPERING PINES SPORTSWEAR (“SELLER”) MAKES NO WARRANTIES OF ANY KIND WHATSOWEVER, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. ALL PRODUCTS ARE SOLD IN “AS IS” CONDITION. BUYER SHOULD INSPECT GOODS CARFULLY PRIOR TO ACCEPTANCE.
LIMITATION OF REMEDY. BUYER HEREBY WAIVES ALL REMEDIES AGAINST SELLER FOR ANY FAILURE, NONPERFORMANCE, OR DEFECT IN A PRODUCT WHICH FAILURE OR DEFECT WAS NOT CAUSED IN WHOLE OR IN PART BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT FOR ANY INCIDENTAL, CONSEǪUENTIAL, ACTUAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS ARISING FROM THE FAILURE OR NON-PERFORMANCE OF, OR DEFECT IN, A PRODUCT. BUYERS SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF, OR DEFECT IN, A PRODUCT SHALL BE REPLACMENT OF ANY DEFECTIVE PRODUCT TO THE EXTENT THAT ANY PORTION OF THE ABOVE LIMITATION ON BUYER’S REMEDIES IS HELD BY A COURT TO BE IN CONFLICT WITH FEDERAL OR STATE LAW, THEN SAID PORTION SHALL BE DISREGARED AND THE REMAINDER ENFORCED.
INTEREST. In the event that any portion of the purchase price is not paid when due, interest shall run at the rate of 1.5% per month (18% per year) in the remaining balance until paid in full.
ATTORNEYS FEES AND EXPENSES. Buyer will reimburse Seller for all attorneys’ fees and other expenses that Seller may incur on order to collect any sum due hereunder and/or in order to enforce any of its rights hereunder.
GOVERNING LAW; VENUE. This contract of sale shall be governed and construed as to meaning performance and breach according to the laws of the State of North Carolina. Buyer herby agrees that no litigation involving this agreement and/or the products sold hereunder shall be instituted against Seller in any court other than the Court of Common Pleas for Union County, North Carolina, and Buyer hereby consents to jurisdiction and venue in said Court.
INTEGRATED ENTIRE AGREEMENT. Buyer and Seller agree and acknowledge that this document constitutes an integration and is the entire agreement between them regarding the subject matter hereof. All prior agreements, statements, representations, warranties, and promises, whether written or oral, are merged herein, are of no further force nor effect, and may not be relied upon by the purchaser for any purpose whatsoever.
NO IMPLIED WAIVER. Any failure and/or delay by Seller (1) in enforcing any provision hereof,
(2) in asserting any rights created hereunder, and/or (3) in asserting any breach by Buyer of the terms hereof shall not institute a waiver of any such provision, breach, or right, and Seller shall remain free in the future to assert or to enforce such provision, right, and/or breach as though no delay or failure had ever occurred.
NO IMPLIED MODIFICATIONS. This contract of sale may not be modified by course of dealing, course of performance, and/or trade usage. Any modification of the terms hereof, in order to be effective, must be in writing and signed by Seller and Buyer.
9. BINDING EFFECT. This contract of sale shall be binding upon, shall ensure to the benefit of each of the parties hereof and their respective heirs, assigns, successors and representatives.
10. REFUSED AND CANCELLED ORDERS. All refused, canceled, and unclaimed shipments, or those returned due to customer error, are subject to a 10% or $10.00, whichever is greater restocking charge in addition to all freight costs.