1. SHIPMENTS RECEIVED
AFTER THE 24TH OF THE MONTH WILL BE CONSIDERED AS IF RECEIVED BY PURCHASER ON
THE FIRST DAY OF THE FOLLOWING MONTH.
2. EXCESS TRANSPORTATION CHARGES DUE
TO SPLIT SHIPMENTS OR FAILURE TO COM PLY WITH ROUTING INSTRUCTIONS WILL BE
CHARGED BACK TO SELLER.
3. BASIC TRADE PROVISIONS ADOPTED BY
NRMA ARE INCLUDED IN TERMS OF THIS ORDER BY REFERENCE THERETO.
4. THE SELLER IN ACCEPTING THIS ORDER
REPRESENTS AND WARRANTS THE MER CHANDISE SHIPPED IS SAFE AND FIT FOR THE USE FOR
WHICH IT IS MANUFAC TURED. THAT IT IS FREE FROM ANY DEFECTS OR MATTER INJURIOUS
TO PERSONS OR PROPERTY, AND COMPLIES WITH AND HAS BEEN OR WILL BE MANUFACTURED
IN STRICT ACCORDANCE WITH THE PROVISIONS OF ALL RELEVANT AND APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIM ITED TO
EACH AND EVERY ONE OF THE FOLLOWING:
A)THE PRICE DISCRIMINATION ACT APPROVED
JUNE 19, 1936.
B)THE FEDERAL CHILD LABOR LAW,
c)ALL FEDERAL, CALIFORNIA AND LOCAL LAWS
AND REGULATIONS REGULATING THE MANUFACTURING AND SALE APPLICABLE HERETO.
D)THE WEIGHT, MEASURES AND SIZES AS
REQUIRED BY THE STANDARDS OF THE GOVERNMENT.
5. THE SELLER REPRESENTS AND WARRANTS
THAT THERE HAS BEEN NO VIOLATION OF ANY TRADEMARK RIGHTS, COPYRIGHTS OR PATENT
RIGHTS.
6. SELLER ACKNOWLEDGES
THAT THE PROPER GUARANTEE(S) ON THE INVOICE(s) COVERING THIS ORDER ARE IN THE
FORM REQUIRED UNDER THE ACTS HEREAFTER ENUMERATED, OR THAT THE APPROPRIATE
CONTINUING GUARANTEE IS ON FILE WITH THE FEDERAL TRADE COMMISSION OR OTHER
ADMINISTRATIVE AGENCY.
SELLER WARRANTS AND GUARANTEES THAT THE
MERCHANDISE SHIPPED UNDER THIS ORDER IS LABELED IN ACCORDANCE WITH AND COMPLIES
WITH THE REQUIRE MENTS OF THE FOLLOWING,BUT NOT LIMITED TO, FEDERAL WOOL
PRODUCTS LA BELING ACT, FUR PRODUCTS LABELING ACT, TEXTILE FIBER PRODUCTS
IDENTIFI CATION ACT, HAZARDOUS SUBSTANCES LABELING ACT, FLAMMABLE FABRICS ACT,
FEDERAL FOOD, DRUG & COSMETICS ACT AND THE CHILD PROTECTION AND TOY SAFETY
ACT, FTC "GUIDES", TRADE PRACTICE RULES AND REGULATIONS AND ALL
AMENDMENTS THERETO. ALL ELECTRICAL APPLIANCES WILL COMPLY WITH THE STANDARDS
OF THE UNDERWRITERS LABORATORIES.
7. SELLER AGREES TO DEFEND, PROTECT
AND HOLD THE PURCHASER HARMLESS FROM CLAIMS, SUITS, LIABILITIES, DAMAGES OR
EXPENSES ASSERTED AGAINST OR IN CURRED BY PURCHASER BY REASON OF THE USE OF
SELLERS MERCHANDISE BY CUSTOMERS OF PURCHASER OR OTHERS, AND SELLER AGREES TO
SECURE SUITABLE PRODUCTS AND CONTRACTUAL LIABILITY INSURANCE FOR THE
INVESTIGATION, DE FENSE AND SETTLEMENT OF ANY SUCH CLAIMS FOR VIOLATIONS OF ANY
OF THE FOREGOING WARRANTIES.
8. A WAIVER OF ANY/OR FAILURE TO
PERFORM ANY ONE OR MORE OF THE CON DITIONS OF THIS ORDER SHALL NOT CONSTITUTE
A WAIVER OF, NOR AN EXCUSE FOR, NON-PERFORMANCE AS TO ANY OTHER PART OF THIS OR
ANY OTHER ORDER.
9. SELLER AGREES TO SAVE, INDEMNIFY
AND HOLD PURCHASER FREE AND HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS,
SUITS AND COSTS INCURRED BY PUR CHASER BASED ON VIOLATION OF LAWS, PATENT
INFRINGEMENTS, DEFECTS OR MATTERS INJURIOUS TO PERSONS OR PROPERTY.
10. BILLS OF LADING MUST SHOW EXACT
ARTICLES (I.E.. SHIRTS, SUITS, PAJAMAS, ETC.) SHIPPED AND WHAT MATERIAL IS MADE
OF (I.E.. COTTON, RAYON. WOOL, ETC.), BILLS OF LADING SHOWING CLOTHING, DRY
GOODS, ETC. IS NOT SUFFICIENT,
11. EXCESS COSTS INCURRED BY
PURCHASER DUE TO FAILURE TO SHOW CORRECT WEIGHT AND FREIGHT DESCRIPTION ON BILL
OF LADING WILL RESULT IN CHARGE BACK TO SELLER OF SUCH EXCESS COSTS PLUS
HANDLING CHARGES.
12. FAILURE TO INVOICE ALL STORES ON
ONE INVOICE COVERING A SINGLE SHIPMENT WILL RESULT IN A MINIMUM PENALTY CHARGE
OF $1.00 FOR EACH EXTRA IN VOICE.
13. SELLER REPRESENTS TO PURCHASER
THAT SELLER HAS THE RIGHT TO USE ANY AND ALL TRADEMARKS, TRADE NAMES AND TRADE
ADDRESSES ASSOCIATED WITH THE MERCHANDISE. SELLER AGREES TO SAVE, INDEMNIFY
AND HOLD PURCHASER FREE AND HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS,
SUITS AND COSTS IN CURRED BY PURCHASER AS RESULT OF THE BREACH OF SELLER'S
REPRESENTATION AND FURTHER AGREES TO DEFEND PURCHASER, AT SELLER'S EXPENSE,
AGAINST ANY CLAIMS OR SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST PUR CHASER AS
A RESULT OF ANY SUCH BREACH.