Customer Service

The equipment we choose to represent in each of the sports categories has to be of high quality and exceptional value to the athletic programs we serve. Cheaper is not necessarily better, so we use our knowledge of the many manufacturers to guide in making an accurate purchase decision for your program. We want you to have the right product not the most expensive.

1. Prices and Shipment. Prices and Product Design are subject to change at any time without notice. Federal and State taxes, if applicable, are not included. Invoices are payable in U.S. funds only. Prices that are acknowledged on orders are current prices. Hold for Release orders will be billed at prices in effect at time of shipment. All products shipped F.O.B. Manufacturer.

The prices set forth herein reflect manufacturers normal charges where its customer accepts all of the terms and conditions contained herein, included but not limited to manufacturers limited warranty and disclaimer of consequential damage liability. Manufacturer offers to submit to Customer a different quotation providing Customer additional warranty coverage and/or for manufacturers assumption of the disclaimed liabilities, and containing higher prices to reflect the resulting additional risk that Manufacturer would assume. Customer acknowledges that it is foregoing the possibility of making claims against Manufacturer for matters limited or disclaimed herein, in exchange for paying a lower purchase price.

2. Freight. All truck shipments will be sent third party prepaid. To avoid interruption of service, please establish credit with Manufacturer preferred carrier prior to shipment. If truck shipment cannot be sent third party, Manufacturer may prepay and add freight to a customers invoice. There will be a $10.00 handling charge added to all orders requesting parcel post shipments; a $2.00 handling charge on all UPS. Any modification to freight bill, unless due to Manufacturer for non-payment will be billed to the customer in full with an additional $25.00 handling fee. If an order for stock merchandise is refused by a customer, unless due to a Manufacturer shipping error, the customer will be charged for all freight and a restocking charge of 15% of the invoice with a minimum restocking charge of $20.00. Return of custom or non-stock items cannot be authorized, and credit cannot be given.

3. Payment Terms. Subject to approval of Customers credit, net payments shall be due thirty (30) days from invoice date for Institutional and Government accounts and Net Due/Pre Pay for private accounts. If Manufacturer (at its sole discretion) determines that Customer should not be extended credit, Manufacturer may demand payment in full prior to any work or delivery. Past due invoices are subject to a service charge, calculated on the outstanding balance, at the lesser or (i) the rate of one and one-half percent (1.5%) per month or (ii) the highest rate authorized by applicable law.

4. Taxes and Other Charges. Any Manufacturers tax, occupation tax, use tax, sales tax, excise ax, value-added tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Manufacturer and Customer shall be paid by Customer in addition to the prices quoted or invoiced. In the event the Manufacturer is required to pay any such tax, fee or charge, Customer shall reimburse Manufacturer therefore.

5. Limited Express Warranty/Liability Limitations. Manufacturer warrants its products against defects in material and workmanship. Without charge, Manufacturer will, at its option, either repair or replace any products shown to our satisfaction to be defective within one (1) year from receipt by Customer, provided it is returned to the factory (after authorization), transportation prepaid. This warranty covers only products manufactured by Manufacturer and does not extend to transportation, installation or replacement charges incurred by Customer; nor does it apply to products or components of another manufacturer used in conjunction with Manufacturer products according to the terms hereof and standards acceptable in the Manufacturers industry.

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

MODIFICATION OF MANUFACTURER PRODUCTS RENDERS THE WARRANTY VOID AND COULD CREATE A RISK OF SEVERE PERSONAL INJURY.

ABUSE, MISUSE, ABNORMAL USAGE, FAULTY INSTALLATION, IMPROPER MAINTENANCE OR UNAUTHORIZED REPAIRS ARE NOT COVERED UNDER WARRANTY. NO OBLIGATIONS OR LIABILITIES EXIST ON THE PART OF MANUFACTURER FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS.

6. Risk of Loss. Title and risk of loss of goods shall pass to the Customer F.O.B. Manufacturer upon earlier of Manufacturers delivery to carrier or delivery into storage regardless of whether the transport medium or storage facilities are owned and/or operated by Manufacturer, and regardless of whether Manufacturer charges Customer storage.

7. Claims. Customer is obligated to inspect merchandise on receipt for damage and shortage. Notations of any shortage or damage to the merchandise or packaging must be made on the delivery receipt before signing it. All claims for defective or damaged work must be made by Customer in writing fully setting forth the nature of the alleged defect or damage, at time of delivery thereof by Customer. Customers failure to so notify Manufacturer shall constitute irrevocable acceptance of the work and a waiver of any defect, damage or shortage. Claims for damage or loss in transit must be made directly against the carrier. All delivery dates are approximate. Manufacturer shall not be liable for any damage as a result of any delay or failure to deliver due to any act of God, act of the Buyer, embargo or other governmental act, regulation or request, fire accident, strike slowdown or other labor difficulties, war, riot, delay in transportation, defaults of common carriers, inability to obtain necessary labor, materials or manufacturing facilities or, without limiting the foregoing, any other delays beyond Manufacturers control. In the event of any such delay the Customers exclusive remedy for other delays and for Manufacturers inability to deliver for any reason, including Customers inability to produce goods which meet the requirements of this contract, shall be rescission of this Agreement.

8. Returns. Product may be returned to Manufacturer after obtaining a signed Return Authorization Form/Number from a duly authorized employee of Manufacturer. Return Authorization #s are cancelled after thirty (30) days. Items returned without an RA# may be refused. Goods will not be received unless they are in marketable condition. Please do not take a credit for the returned product until a Credit Memo has been issued. The replacement invoice will be credited upon receipt of the defective part, if after inspection it is found to be under warranty. Returns are subject to a fifteen percent (15%) restocking charge.

9. Limitation of Remedies. The Manufacturers liability with respect to breaches of warranty shall be limited as provided in Section 5 hereof. With respect to other breaches of this contract, the Manufacturers liability shall in no event exceed the contract price.

IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT, ON ANY TYPE OF STRICT LIABILITY THEORY OR ANY OTHER THEORY OF LIABILITY.

Without limiting the generality of the foregoing, Manufacturer specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, facilities, services, labor or salaries, downtime, shut-down or slowdown costs, spoilage of materials, or for any other type of economic loss. All the limitations and disclaimers contained in this paragraph and in the rest of this contract shall apply to claims of Customers clients or any third party asserted by Customer against Manufacturer for indemnity or contribution, as well as direct claims of Customer against Manufacturer.

Customer shall indemnify Manufacturer against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys fees and other costs of defending any action) which Manufacturer may incur as a result of any claim by Customer or others arising out of or in connection with the products and/or services sold hereunder and based on (a) any modification of the products; (b) product or service defects not provided to have been caused solely by Manufacturers negligence; or, (c) in the event of resale, by virtue of Customers failure to properly disclaim all implied warranties and consequential damages to subsequent purchasers.

10. Right to Assurance. Whenever Manufacturer in good faith has reason to question Customers ability to intent to perform, Manufacturer may demand in writing adequate assurance from Customer of Customers ability or intent to perform, and may suspend performance hereunder pending such assurance. In the event that such a demand is made and such assurance is not given within a reasonable time, Manufacturer may treat that failure as an anticipatory repudiation hereof and exercise any appropriate remedy therefore.

11. Bankruptcy. If Customer makes an assignment for the benefit of creditors, or admits in writing its failure or inability to pay its debts as they become due, or becomes the subject of an order for relief within the meaning of that phrase in the U.S. Bankruptcy Code, or applies for or consents to the appointment of a receiver for any of its property, Manufacturer may terminate any agreement arising out of this offer at any time, effective immediately upon notice. Such termination shall not relieve either party from any obligations accrued hereunder up to the date of notice of termination.

12. Waivers. No waiver by either party of any default by the other in the performance of or compliance with any provision, condition or requirement herein, shall be deemed to be a waiver of, or in any manner release such other party from compliance with any such provision, condition or requirement in the future; nor shall any delay or omission of either party to exercise any right hereunder or otherwise in law in any manner impair the exercise of any such right thereafter.

13. Assignment. Neither party shall assign any of its rights hereunder without the prior written consent of the other party; but Manufacturer may subcontract some or all of its obligations hereunder without the consent of Customer. Subject to any required consent, the terms hereof shall inure to the benefit of and shall bind the successors and assigns of the parties hereto.

14. Compliance With Laws. Manufacturer certifies that these goods were produced in compliance with all applicable requirements of sections 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under section 14, thereof.

15. Severability. If any provisions of these terms and conditions of sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any legal and enforceable provision hereof, which shall be construed as if such illegal and unenforceable provision(s) had not been inserted herein.

TERMS AND CONDITIONS OF SALE

MINIMUM ORDER: For orders under $25.00, there will be an additional $10.00 handling charge.

INSPECTION OF SHIPMENTS:
1. Please inspect each shipment on receipt of merchandise against our packing list and the delivery receipt for shortages.
2. Inspect each piece of equipment for damage.
3. Notations of any shortage or damage to the merchandise or packaging must be made on the delivery receipt before signing.
4. Discrepancies or damage which occurred in transit are the common carriers responsibility, and a claim must be filed.
5. All claims must be filed by the customer at time of delivery.

NOTICE: MANUFACTURER DOES NOT RECOMMEND THE MODIFICATION OF ITS EQUIPMENT IN ANY WAY. TO DO SO WOULD NEGATE RESPONSIBILITY TOWARD WARRANTY AND PRODUCT LIABILITY.

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