Terms & Conditions

ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS

1. FINANCE CHARGE: A FINANCE CHARGE OF 1.50% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 18%, WILL BE CHARGED ON ALL PAST DUE ACCOUNTS. A $25.00 FEE WILL BE ASSESSED FOR EACH RETURNED OR NSF CHECK RECEIVED AND WILL BE APPLICABLE TO ALL OTHER FINANCE CHARGES IMPLIED HEREIN.

2. QUANTITY: OVERRUN OR UNDER-RUN OF TEN (10%) PERCENT SHALL CONSTITUTE FULFILLMENT OF ALL ORDERS.

3. CLAIMS: CLAIMS FOR ERRORS OR SHORTAGES MUST BE MADE WITHIN FIVE (5) DAYS AFTER RECEIPT OF SHIPMENT. CLAIMS FOR GOODS DAMAGED IN TRANSIT MUST BE FILED AGAINST THE CARRIER.

4. RETURNS: NO CLAIM SHALL BE ALLOWED NOR CREDIT GIVEN FOR GOODS RETURNED WITHOUT POINT DISTRIBUTION’S WRITTEN AUTHORITY, AND, IN NO CASE, SHALL ANY CLAIM BE ALLOWED IF MADE MORE THAN THIRTY (30) DAYS AFTER RECEIPT OF MERCHANDISE.

5. WARRANTY: POINT DISTRIBUTION WARRANTS MERCHANDISE SHIPPED TO ANY CUSTOMER TO BE OF SELLABLE QUALITY. POINT DISTRIBUTION MAKES NO WARRANTY OF ANY OTHER KIND, EXPRESSED OR IMPLIED. NO STIPULATION, AGREEMENT OR UNDERSTANDING OF THE CUSTOMER SHALL BE VALID OR ENFORCEABLE UNLESS IN WRITING BY A DULY AUTHORIZED OFFICER OF POINT DISTRIBUTION.

6. POINT DISTRIBUTIONS’ LIABILITY: LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF POINT DISTRIBUTIONS’ PRODUCT IS LIMITED TO THE LESSER OF THE INVOICE PRICE OR THE AMOUNT ACTUALLY RECEIVED BY POINT DISTRIBUTION. POINT DISTRIBUTION SHALL NOT BE LIABLE BECAUSE OF LATE DELIVERIES OR NON-DELIVERIES DUE TO FIRE, INABILITY TO ACQUIRE RAW MATERIALS, LABOR DIFFICULTIES, OR OTHER CAUSES BEYOND POINT DISTRIBUTIONS’ CONTROL AND SHALL CONTINUE UNTIL SUCH CONTINGENCY HAS BEEN REMEDIED.

7. CANCELLATION: CUSTOM ORDERS MAY ONLY BE CANCELED PRIOR TO COSTS INCURRED BY POINT DISTRIBUTION ON CUSTOM PRODUCTS. ANY CUSTOM ORDER TERMINATED AFTER COSTS ARE INCURRED BY POINT DISTRIBUTION ARE SUBJECT TO A TERMINATION CLAIM FOR REASONABLE AND NECESSARY OUT OF POCKET COSTS AND EXPENSES NOT PREVIOUSLY PAID BY BUYER.

8. RELEASE OF INFORMATION: CUSTOMER HEREBY AUTHORIZES POINT DISTRIBUTION TO MAKE ANY INQUIRY REGARDING CUSTOMER’S CREDIT WORTHINESS AND BUSINESS PRACTICES INCLUDING CONTACTING BANKS, CREDIT REFERENCES AND CREDIT REPORTING AUTHORITIES. IN THE EVENT OF ANY INCORRECT REPORTING, POINT DISTRIBUTIONS’ SOLE LIABILITY SHALL BE LIMITED TO CORRECTING ANY INACCURACIES. POINT DISTRIBUTION SHALL HAVE ABSOLUTELY NO OTHER LIABILITY WITH RESPECT THERETO.

9. ORDERS: CUSTOMER ACKNOWLEDGES THAT IT MAY OR MAY NOT ISSUE SIGNED PURCHASE ORDERS AND AUTHORIZES POINT DISTRIBUTION TO TAKE ORDERS VERBALLY, VIA TELEPHONE, BY FACSIMILE OR OTHER COMPUTER TRANSMISSION AND TO ACT UPON SUCH ORDERS AS IF A SIGNED PURCHASE ORDER WAS ISSUED.

10. ARTWORK: CUSTOMER REPRESENTS THAT ANY DESIGNS, ARTWORK, OR OTHER TRADEMARKS OR TRADE DRESS CUSTOMER ASKS POINT DISTRIBUTION TO PRODUCE OR ACQUIRE FOR CUSTOMER OR CUSTOMER’S CLIENT IS CUSTOMERS’ OR CUSTOMER’S CLIENTS’ PROPERTY. ANY PLATES, DIES OR ARTWORK ACQUIRED OR PRODUCED BY POINT DISTRIBUTION FOR CUSTOMER WHICH REMAINS UNPAID FOR SHALL BE POINT DISTRIBUTIONS’ PROPERTY AND CUSTOMER WAIVES ANY RIGHTS OF OFFSET OR CLAIMS OF CONVERSION.

11. FAILURE TO PAY: IF CUSTOMER FAILS TO PAY FOR INVOICES WITHIN THE AGREED UPON TERMS, CUSTOMER UNCONDITIONALLY AUTHORIZES POINT DISTRIBUTION TO 1.) DELAY OR WITHHOLD SHIPMENTS OF ORDERED PRODUCT, 2.) SCRAP OR RESELL ORDERED PRODUCT, THE PROCEEDS OF WHICH SHALL BE USED TO COVER THE COST OF HANDLING AND SHALL NOT APPLY TO ANY PORTION OF THE UNPAID BALANCE, AND 3.) THE CUSTOMER AGREES TO PAY ALL COSTS INCURRED WITH RECOUPING ANY AND ALL OBLIGATIONS.

12. FREIGHT: WHILE POINT DISTRIBUTION WILL ENDEAVOR TO USE THE LEAST EXPENSIVE METHOD OF FREIGHT THIS MAY NOT ALWAYS BE THE CASE. AT TIMES THIS MAY CONFLICT WITH CUSTOMER’S PRIOR REQUEST. CUSTOMER AGREES TO PAY ALL FREIGHT INCURRED BY COMMON CARRIER IF THESE CHARGES WERE INCURRED DUE TO CUSTOMER REQUEST FOR AN EMERGENCY SHIPMENT OUTSIDE OF NORMAL SCHEDULED DELIVERIES.

13. INDEMNIFICATION: CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS POINT DISTRIBUTION AGAINST ALL DAMAGE RESULTING FROM LIABILITIES INCURRED TO ANY THIRD PARTY AS A RESULT OF CUSTOMER’S ORDER, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL JUDGMENTS, DAMAGES, COSTS, ATTORNEY FEES AND EXPENSES TO POINT DISTRIBUTION RESULTING FROM CLAIMS WHICH MAY ARISE WITH REGARD TO OWNERSHIP OF TRADE DRESS, TRADEMARKS, COPYRIGHT, OR OTHER PROPRIETARY INTERESTS, OR IF MERCHANDISE DOES NOT MEET PERFORMANCE SPECIFICATIONS WHEN DRAWINGS, SPECIFICATIONS, SAMPLES, AND/OR OTHER WRITTEN DESCRIPTIONS WERE PROVIDED BY OR PREVIOUSLY APPROVED BY CUSTOMER, PRIOR TO PRODUCTION. IN THE EVENT OF A CLAIM BY A THIRD PARTY AGAINST POINT DISTRIBUTION AS A RESULT OF AN ORDER. POINT DISTRIBUTION SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO TENDER THE DEFENSE OF SUCH CLAIM TO CUSTOMER, AND CUSTOMER AGREES TO DEFEND POINT DISTRIBUTION IN THE EVENT OF SUCH TENDER.

14. INCONSISTENT TERMS AND CONDITIONS: ANY TERM OR CONDITION, EITHER MADE VERBALLY OR WHICH APPEARS ON ANY WRITTEN DOCUMENT, PURCHASE ORDER OR OTHER SUCH INSTRUMENT, WHICH CONFLICTS WITH THOSE STATED HEREIN SHALL BE VOID. WHERE SUCH CONFLICT EXISTS THE TERMS AND CONDITIONS OF THIS CREDIT APPLICATION SHALL SUPERSEDE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE UNENFORCEABLE THE REMAINING TERMS AND CONDITIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

15. APPLICABLE LAW – VENUE: THIS AGREEMENT IS ENTERED INTO AT POINT DISTRIBUTIONS’ PRINCIPAL PLACE OF BUSINESS LOCATED AT LAS VEGAS, NEVADA. IN THE EVENT THAT IT SHALL BECOME NECESSARY FOR POINT DISTRIBUTION TO FILE LEGAL ACTION TO COLLECT ANY OUTSTANDING OBLIGATIONS FROM THE CUSTOMER, THE VENUE OF SAID ACTIONS SHALL BE WITH THE CLARK COUNTY DISTRICT COURT. CUSTOMER HEREBY AGREES TO SUBMIT TO THE JURISDICTION IN CLARK COUNTY, NEVADA WITH RESPECT
TO ANY LEGAL PROCEEDING COMMENCED TO COLLECT ANY OUTSTANDING OBLIGATIONS FROM CUSTOMER. IN THE EVENT IT SHALL BECOME NECESSARY FOR POINT DISTRIBUTION TO FILE AN ACTION TO COLLECT UNPAID OBLIGATIONS, POINT DISTRIBUTION SHALL BE ENTITLED TO COLLECT REASONABLE ATTORNEY FEES, COLLECTION COSTS, AND COURT COSTS. ALL OTHER DISPUTES BETWEEN PARTIES SHALL BE SUBMITTED TO BINDING ARBITRATION AND A COMPETENT ARBITRATION BOARD MUTUALLY AGREEABLE TO BOTH PARTIED – BOTH
PARTIES HEREBY WAIVE THEIR RIGHT TO A TRAIL BY JURY.

16. REPRESENTATIONS: THE CUSTOMER’S AUTHORIZED REPRESENTATIVE’S SIGNATURE ATTESTS TO THE FINANCIAL RESPONSIBILITY FOR ANY AMOUNTS BILLED AND OR INVENTORY BEING HELD BY POINT DISTRIBUTION IN ITS WAREHOUSE AND THAT THE INFORMATION AND STATEMENTS CONTAINED IN THIS APPLICATION ARE TRUE AND COMPLETE AND ARE MADE FOR THE PURPOSE OF INDUCING POINT DISTRIBUTION TO SELL PRODUCT TO THE CUSTOMER AND TO ESTABLISH AN OPEN LINE OF CREDIT. THE UNDERSIGNED FURTHER AGREES THAT ALL SALES SHALL BE SUBJECT TO THE TERMS AND CONDITIONS, WHICH ARE SET FORTH IN THIS CREDIT APPLICATION.