These Terms and Conditions apply to every sale of FIRSTAR Products. For the purpose of this agreement, the terms “FIRSTAR” refers to FIRSTAR Sports, a Division of Garmatex Technologies, Inc., “Customer” refers to the purchaser and “Product” refers to the goods supplied by FIRSTAR.
Unless otherwise covered by program pricing or in prices set out in FIRSTAR’s published price list, in effect at the time, FIRSTAR’s price(s) for the sale of the Product(s) will remain in effect for thirty (30) days from the date of FIRSTAR’s quotation. FIRSTAR’s prices do not include applicable taxes which will be added to the price quoted and appear as a separate line item on FIRSTAR’s invoice.
2. MINIMUM ORDER:
A minimum order of $100.00 is required for transport shipments. Orders not meeting minimum can be shipped but may be subject to an additional surcharge for your delivery area. Please ask your FIRSTAR Sales Representative or Customer Service for details.
3. TERMS OF PAYMENT:
Subject to approval of FIRSTAR’s credit department, the Customer shall pay FIRSTAR the price of the Product(s) provided within thirty (30) days from the date of FIRSTAR’s invoice unless otherwise negotiated. All overdue payments bear interest commencing on the day on which the amount became payable, calculated at the rate of 1.5% per month compounded monthly (19.5618%) per annum. Cheque, Bank Transfer, Master Card and Visa are accepted. Credit Card payments are not entitled to any discount and will be subject to a surcharge of 2% of the full invoice amount. Debit Card / Interac is also available for pick-up orders. A service charge of $25.00 will be added to the amount of each returned cheque. Replacement cheques must be certified and can cause a management review of the Customer's payment terms.
4. DELIVERY AND TRANSFER OF TITLE AND RISK:
All delivery dates quoted by FIRSTAR are approximate only. Unless otherwise specified, all shipments are FOB Surrey, BC. Title to the Product(s) shall pass to the Customer upon shipment unless otherwise agreed.
5. SHIPPING & FREIGHT:
48 HOUR SHIPMENTS: All Products included on Customer orders will be shipped within 48 hours, subject to availability. FIRSTAR will make every attempt to turn team orders with 24 hours and accommodate rush orders.
FIRSTAR will use its preferred carrier for all Customer shipments unless requested to ship by an alternate carrier. Shipments via alternate carriers will be shipped "freight collect" and may be subject to a shipping and handling charge. When requesting shipments via an alternate carrier, Customers must provide the following information: account number, carrier name, telephone number and destination, at time of order.
7. CLAIMS & RETURNS
CLAIMS FOR DAMAGED GOODS: All claims for damaged goods must be made within 10 days of receipt of goods. FIRSTAR will not accept claims after the goods have been decorated.
RETURN AUTHORIZATION NUMBERS: Returns must be authorized by FIRSTAR and a Return Authorization number must be applied to the shipping documents. FIRSTAR cannot process a request for return of goods without a FIRSTAR issued Return Authorization number. RETURN CHARGES: Returns required as a result of Customer error must be shipped freight pre-paid and are subject to a 15% re-stocking charge. Returned goods must be received within 10 days of issue of the Return Authorization number.
8. SAMPLE POLICY
SAMPLES: Subject to Customer Service approval, samples can be provided at 30% off wholesale pricing. Freight charges will be to the Customer account. Samples are non-returnable unless otherwise pre-approved prior to shipment. All returns must be received with original hangtags attached and in saleable condition.
FIRSTAR will, at its option, repair or replace any defects in materials or workmanship for any Product(s) manufactured by FIRSTAR which appear within three (3) months from the date FIRSTAR’s Product(s) were delivered to the Customer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTIBILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCT(S).
10. LIMITATION OF REMEDY AND LIABILITY:
FIRSTAR shall not be liable for any kind of consequential damages including loss of anticipated profits, the loss of product from the Customer’s facility(s) or the loss of capital however caused. The Customer agrees that FIRSTAR’s sole and exclusive liability for any and all losses and damages arising out of or connected in any way with the Product(s) provided by FIRSTAR shall be limited to the repair, correction or replacement of the Product(s) in accordance with the terms of the limited warranty set out in Section 9 above. The Customer further agrees that FIRSTAR’s total liability arising out or connected in any way with the provision of the Product(s) is limited to the value of the Product(s) provided by FIRSTAR under this Agreement.
11. GENERAL PROVISIONS:
Customer shall not assign its rights or obligations under this Agreement without FIRSTAR’s prior written consent; There are no understandings, agreements or representations, express or implied, not specified in this Agreement; No action, regardless of form, arising out of transactions under this Agreement, may be brought by either party more than two (2) years after the cause of action arose; This Agreement is formed and shall be construed, performed and enforced under the laws of the Province of British Columbia. Any suit, action or proceeding arising out of or connected in any way with this Agreement shall be brought in a Court of the Province of British Columbia which the parties agree shall have exclusive jurisdiction to hear and resolve such disputes, subject only to the parties agreeing to resolve such disputes through arbitration.
12. HEAD OFFICE & SERVICE CENTRE
FIRSTAR Performance Apparel, a Division of Garmatex Technologies, Inc.
#101, 2455 – 192 Street Surrey,
B.C. V3S 3X1
CUSTOMER SERVICE: For all additional enquiries please contact FIRSTAR at 1-800-688-3020 (between 07:30 and 16:30 PST) or email sales@FIRSTARsports.com