TERMS AND CONDITIONS
Five Tool Apparel – Terms and Conditions
Five Tool Apparel ( “Five Tool” or “Seller”) works to make each team stand out. All uniforms that are produced, are custom manufactured from scratch to meet your specific design needs. By agreeing to this Work Order, the signatory to this agreement (“Buyer”) consents to the following Terms and Conditions and agrees that such Terms and Conditions govern the transaction between Buyer and Five Tool Apparel:
1. Acknowledgments, Authorization and Payment – Buyer has reviewed the Five Tool Sizing Charts and Color Chart to confirm the correct sizes for its order. Buyer acknowledges that artwork shown is not necessarily to scale, because the artwork is displayed for purchase in 2D, while actual uniforms are 3D. By indicating acceptance of the Work Order and making payment to Five Tool Buyer authorizes Five Tool to begin production on the Work Order and to charge Buyer’s credit card in the amount reflected on the Work Order. Following such charge, no changes may be made to a custom order. Five Tool is not responsible for any errors in the final product caused by information provided by Buyer (including player names, sizes, colors, material and finish selections).
2. Returns and Refund Policy – Because Seller’s products are custom-made, Seller does not accept returns, and no refunds are available. Notwithstanding the foregoing, if within 30 days of Buyer’s receipt of custom apparel, Buyer discovers material defects in buttons, fasteners, stitching, or materials, it may submit an inquiry to Seller for verification; if Seller’s Quality Control team determines in its sole discretion that an item is indeed defective, Seller will offer an equitable resolution of the matter to Buyer.
3. Material and Colors – Seller strives to accurately depict all colors on its website and in its Work Orders; however, colors displayed on Seller’s website and in Work Orders are representative. Because there are many variations in computer monitors and browsers, and not all monitors are calibrated equally, color reproduction on the Internet is not precise. Accordingly, Five Tool does not guarantee that what you see online will match the color of the actual product delivered. Even finished products can have minimal color variations within a production run, or in subsequent manufacture. Buyer acknowledges that actual colors may vary from colors shown on your display monitor, and even within an order or in supplemental orders. There are no returns due to color variances.
4. Design Policy –Seller reserves the right to refuse Buyer artwork, logo(s), and/or design requests for any reason, including but not limited to material Seller deems unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
5. Representations and Warranties – Buyer represents and warrants that it has the necessary rights and permissions to use and exploit any submitted artwork, logo, design, words or any combination thereof submitted to Seller to be printed on or applied to apparel or any other product supplied by Seller, and that such use and exploitation does not and will not violate the intellectual property rights (including, but not limited to, trademark, copyright, trade dress, patent, or design patent rights) of any other entity or person.
6. Indemnification – Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all claims, damages, costs and expenses (including, but not limited to, attorney’s fees, expenses and court costs), arising from or relating to (i) Buyer’s use of Seller’s products and services, (ii) breach by Buyer of these Terms and Conditions, and (iii) Buyer’s violation of any rights of any third party. Seller has the right to select defense counsel and to direct the defense or settlement of any such claim or suit.
7. DISCLAIMER OF WARRANTIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE PRODUCTS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
8. LIMITATION OF REMEDIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, WILL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
9. Governing Law and Jurisdiction – These Terms and Conditions and transaction hereunder between Buyer and Seller will be governed and construed in all respects by the laws of the State of Texas, without regard to principles of conflict of laws. Buyer consents to the exclusive jurisdiction of the courts of Johnson County, Texas, and the United States District Court for any dispute, action or proceeding arising out of or related to these Terms and Conditions or the transaction hereunder between Buyer and Seller.
10. Force Majeure – Seller is excused for failure to perform its obligations under this agreement if it is prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure means any event or circumstance, regardless of whether it was foreseeable, that was not caused by Seller and prevents Seller from complying with any of its obligations under this agreement. For purposes of example, such event of force majeure includes, but is not limited to, acts of God, fires, floods, hurricane, explosions, riots, wars, acts of terrorism, acts of any governmental authority, strikes and other labor difficulties, and other events or circumstances beyond the reasonable control of Seller.
11. User Content – If Buyer or Buyer Team Representative(s) provides photos and/or testimonials to Seller, Buyer authorizes Seller to use such photos and testimonials in the marketing of Seller’s goods and services. Buyer represents and warrants that any content submitted to Seller is original to it, that Buyer owns all applicable legal rights in such content, and that the content does not infringe upon the rights of any other person or entity, including individuals depicted within the content. Buyer certifies, represents and warrants that any individual depicted in any content submitted to Seller has given permission to use his or her likeness in the marketing of Seller’s goods and services or Buyer has the authority to attest to this release on his or her behalf.