TERMS AND CONDITIONS OF SALES
FOR SCREEN PRINTED AND/OR EMBROIDERED PRODUCTS

PAYMENT TERMS: Except upon the rare occasion where so authorized in advance, full payment in a certified bank check or an active credit card must be tendered (Visa, MasterCard or American Express) prior to the start of any production.

On all order amounts under $5,000, the credit card provided will be charged for the full amount of the invoice total immediately upon acceptance of the order. If any adjustments or changes are required to the final invoice because of changes in production or shipping, a second processing will be created either for a credit or debit to cover the change in the final invoice total.

On order amounts over $5,000, the card provided will be charged in two stages: 1) immediately upon confirmation of the order in an amount covering the price quoted for the blank apparel products/accessories to be shipped to our production facilities; then 2) upon completion of production and shipping of finished product to the customer, in an amount covering the cost of production and shipping plus any adjustments required for changes in services or costs that differed from the contents of the original price quote. Both of these charges will appear on your credit card statement as Custom Caps.

In the rare circumstance where credit terms are offered, payment must be tendered within 30 days, or interest charges will be assessed at the highest rate allowed by law. Payment terms are only offered with the express written consent of Custom Caps, and will require the full completion of a credit application prior to the granting of terms. In nearly all cases, net terms will not be granted, as payment by credit card is the preferred method of invoicing.


ALL ORDERS FINAL AS PLACED. Once confirmed by the customer, either through verbal authorization, in writing or by electronic transmission, all orders as submitted and processed via the web site, email, phone, fax or mail are final. Any changes requested to be made to an order after confirmation is received will be charged a $15 change order fee, and most likely will require a change to be made to the schedule and completion dates for production.

Once confirmed, any errors, inaccuracies or omissions made during the placement and/or production of an order shall be the sole responsibility of the Customer.

No cancellations of orders will be accepted after receipt of confirmation, except with the express written consent of Custom Caps. If consent to cancellation is provided, Customer will be invoiced $50 plus the cost of all labor and materials provided prior to the consented cancellation notice. Invoiced amounts will be billed as detailed under the Payment Terms.

An overrun or under-run within 5% of the original order will be considered acceptable for the completion of that order, with the final quantity provided used to adjust the billed total to the Customer.

Custom Caps and its partners, vendors and assigns assumes no responsibility for researching or authenticating the rights held by any Customer to any trademark, as it relates to any design or logo reproduced on behalf of a Customer. Any and all liability for any act of trademark infringement rests with the Customer, and Customer shall indemnify Custom Caps against any and all actions resulting from trademark issues.

Due to the variations inherent in the processes used in producing screen printed and embroidered designs, Custom Caps assumes no responsibility and makes no guarantees regarding exact color matches of product or production, either within an order or in a reorder. Note that like-named colors used by apparel manufacturers are not necessarily an exact shade match.

Once confirmed and produced, all invoices for product and services will be charged and billed to the customer regardless of circumstance. If a production error is made and acknowledged by Custom Caps in writing, then corrected replacement goods will be provided to the Customer by Custom Caps once the goods shipped in error have been returned to the authorized return address supplied.


ERRORS AND RETURNS. Unless a clear production error has been made by an employee or contractor of the Custom Caps that is in obvious conflict with the specifications provided on the confirmed production order, no returns of decorated merchandise will be accepted. Custom Caps retains the sole and complete discretion to authorize (or refuse to authorize) the return of any product purchased by Customer. ANY AND ALL RETURNS MUST BE PRE-AUTHORIZED BY THE Custom Caps! THIS PRE-AUTHORIZATION IS ONLY COMPLETE UPON PROVISION OF A RETURN AUTHORIZATION NUMBER AND RETURN SHIPPING ADDRESS!

To receive a Return Authorization Number, please email us at returns@customcapsgreensboro.com or call 336-297-4422.

Any replacement goods requested by the Customer for orders already completed and for which Custom Caps does NOT acknowledge a production error will require the Customer to place a new production order with Custom Caps. No replacement goods will be provided unless Custom Caps clearly states so in writing. Further, if a production error is made and acknowledged by Custom Caps in writing, then corrected replacement goods will be provided to the Customer once the goods shipped in error have been returned to the authorized return address supplied.

In the case of an order cancellation prior to production, all returns of undecorated product to the mill or distributor from which it was secured (if requested prior to production) will incur a 20% restocking fee (with a minimum restocking fee of $5.00) unless a shipping or inventory error is acknowledged IN WRITING by Custom Caps.

All returns must be made to the specific warehouse from which the product was originally shipped, as is directed/provided by Custom Caps. Therefore, Customer shall be required, prior to making any and all returns, to prominently write a Return Authorization Number on the box in which the product is to be returned, along with the proper return shipping address. Again, Custom Caps shall provide both the Return Authorization Number and the return address to the Customer prior to return shipment.

The amount charged for the outbound shipping of the product(s) to the Customer is not refundable under any circumstances. The cost of return shipping back to the return address provided by Custom Caps (i.e. all return freight and/or delivery charges) is the responsibility of the Customer unless specifically waived IN WRITING and in advance of such return by the Custom Caps. Returns will only be accepted for goods that have not been worn, washed or altered in any way, and only if the product is in the same new and unblemished condition as when it was shipped.

Further, no returns will be authorized or accepted for any products unless a Return Authorization request is made by the Customer within 24 hours after delivery of the goods to Customer. Defective products must have tape placed over flaw before returning. Refunds will be issued at the invoice price of the returned goods less the restocking fee, and will not include a refund or credit for any shipping charges. All refused and/or unclaimed shipments are also subject to a 20% restocking fee (with a minimum restocking fee of $5.00) in addition to any and all transportation charges for the return of the product.

DO NOT RETURN ANY MERCHANDISE TO THE CUSTOM CAP'S P.O. BOX LISTED ON THE PACKING SLIP! Any return made to the Custom Caps P.O. Box or administrative headquarters without written pre-authorization will be refused and/or held by the Custom Caps; the products will not be credited to the Customer nor returned to inventory since the P.O. Box and the administrative offices are not adjacent to any of the inventory warehouses. Any returns made to the P.O. Box will not be forwarded or shipped to the proper location unless and until shipping fees are paid to Custom Caps in advance for this forwarding.


SHORTAGES. Any product shortage found by the Customer requires notification to our headquarters within 24 hours of delivery receipt. Notice of shortage may be made by phone, email or fax. Every effort will be made to ship missing items within 48 hours of notification and acknowledgement by the Custom Caps of such shortage. All shipments of missing product shall be sent UPS Ground; no overnight shipping or rush processing will be provided to replace missing inventory. Failure to notify the Custom Caps within 24 hours of delivery receipt will act as Customer's agreement and acknowledgement that all goods ordered by Customer have been received by the Customer in full and in good, usable and/or merchantable condition.


SUBSTITUTIONS. If any of the product colors or sizes ordered by the Customer are not in inventory in any of Custom Caps' five warehouses located throughout the USA, the Custom Caps reserves the right to substitute similar colors or sizes at its sole discretion. Typically, the Custom Caps will not substitute style numbers but reserves the right to do so when the styles ordered are nearly identical to a suitable replacement style.

If no suitable product substitution is available for shipment, an email notice concerning this unavailability of product will be sent to the Customer (generally within 24 hours of submitting the original order, but no such guarantee of this time frame is made). Said email will request instructions from the Customer on how to proceed with the order (e.g. request for different style, cancellation of order, etc.). The original order submitted by Customer will be placed on hold by Custom Caps until such instructions are received from the Customer via email, fax or phone.

If less than half of the goods ordered are not available in inventory from Custom Caps' warehouse network and no suitable substitute product is available, then those product pieces that are available as set forth in the Customer's order will be shipped as directed and the items not then available in inventory will be eliminated from the order and the purchase price amount will be adjusted (i.e. the order will be filled with the product available and the purchase price adjusted for the non-available items). If more than half of the goods ordered are not in inventory, the entire order will be placed on hold until instructions are provided by Customer with regards to Customer's wishes regarding substitution of product(s) or cancellation of the order submitted by Customer.


SHIPPING. Custom Caps will attempt in all instances to use the least expensive method of shipping finished product to the Customer. If a deadline is provided to Custom Caps by which the product must be received by the Customer, then the method of shipping may require the use of expedited Overnight or Second Day shipping to meet that deadline. Custom Caps reserves the right to select these expedited methods of shipping when a deadline is listed, and the Customer agrees to pay for the additional costs involved with said expedited shipping. IF EXPEDITED SHIPPING IS NOT TO BE USED, THEN CUSTOMER MUST MAKE A NOTATION ON HIS OR HER ORDER STATING THAT ONLY STANDARD GROUND SHIPPING SERVICES ARE TO BE USED REGARDLESS OF SHIPPING DEADLINES.

Custom Caps is not responsible for loss or damage of products in transit. Customer will be responsible for checking shipment upon delivery for total product count and condition. Any shortage in total product count or evidence of damage to goods must be noted and reported to the carrier's office. All claims must be filed with the carrier within 24 hours from the date of loss or damage.


LIMITATION ON DAMAGES. Custom Caps will not be liable for any loss of profit, interruption of business or any other special, consequential or incidental damages suffered or sustained by Customer. Any and all damages incurred by Customer (or allegedly incurred by Customer) shall, in any and all cases, be limited to the refund of the purchase price of the product purchased by Customer (provided that all of the terms and conditions herein are satisfied).

Further, by placing an order for products through customcapsgreensboro.com, Customer acknowledges and understands that Custom Caps is not the manufacturer of any product purchased by Customer and - that Custom Caps' role is that of an authorized distributor of the products available for purchase on the Custom Caps website. As such, Custom Caps HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY PRODUCT SO PURCHASED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF USE, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

In no event shall Custom Caps be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the any product offered for sale on this web site, or otherwise arising out of the use of this site, whether based on contract, tort, negligence, strict liability or otherwise, even if Custom Caps has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Customer.


CHARGE-BACK FEES. Customer understands and agrees that all products purchased, produced and shipped are considered a final sale for which no refunds will be given or provided except as expressly provided herein. As such, Customer agrees and acknowledges that by purchasing any product from Custom Caps, Customer shall be solely responsible for and shall bear (and/or reimburse) Custom Caps for any charge-backs or fees issued to Custom Caps from any credit card company, merchant bank or other source of payment that is issued at the request of the Customer outside of the expressly provided methods of return. Stated another way, should Customer request a refund or charge cancellation from any credit card company, merchant bank or other source of payment processing against the purchase of Custom Caps products, and should said card company, merchant bank or other source thereafter impose any fee or direct any charge back fee or amount to Custom Caps at the request of said Customer, Customer shall reimburse Custom Caps Software for the amount of said charge back fee and the initial purchase amount (the "total amount"). By purchasing any product from Custom Caps, Customer expressly authorizes Custom Caps to direct the stipulated payment/charge to be made to Customer's credit card account (the same being the credit card account used in the initial purchase of said product) in the amount of said "total amount" to Custom Caps for such reimbursement, plus a twenty-five percent (25%) administrative fee to cover the costs and time involved with this process. Customer acknowledges and agrees that the policy set forth in this paragraph provides for reimbursement to Custom Caps for fees incurred, is fair and reasonable and is not a penalty clause or provision.


ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS. The Terms and Conditions of contained herein are the exclusive terms and conditions for the sale of products from Custom Caps to Customer through customcapsgreensboro.com or other Custom Caps web sites. Customer agrees that the terms and conditions stated herein constitute the final, complete, exclusive expression of the agreement between Custom Caps and Customer. Customer, by submitting any order or request for an order, hereby agrees to the terms and conditions set forth herein and acknowledges that Customer has read and understands the same. In the event that any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer may contain terms and conditions in addition to or different from the terms and conditions herein, Customer agrees, by so submitting its order or by accepting products from Custom Caps, that the language of the Custom Caps terms and conditions shall solely and exclusively control. Any and all new or additional terms contained on any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer is hereby expressly and completely rejected. Acceptance of Customer's order for products from Custom Caps and Customcapsgreensboro.com is expressly limited to these terms and conditions. By submitting an order, requesting to purchase any product, or taking receipt of Custom Caps products, Customer consents to the exclusive jurisdiction of the state and federal courts located in the State of North Carolina.


If Customer does not wish to be bound by these Terms and Conditions, Customer should not submit any order or make any type of purchase and should exit all web sites related to Custom Caps now!