Terms & Conditions

TERMS AND CONDITIONS OF SALE

 

  1. CONTRACT ACKNOWLEDGEMENT: These TERMS AND CONDITIONS OF SALE are the terms and conditions of the contract by you, “Customer”, to buy and by Polartec, LLC, “Polartec”, to sell the custom Polarfleece jacket described in your Online Order Acknowledgement issued by Polartec upon receipt from Customer of an order for purchase of the custom Polarfleece jacket (and as used herein, Polartec includes its insurer of its factor where that construction is applicable.) This contract shall become binding and enforceable against Customer when the custom online order is received by Polartec. Unless explicitly stated otherwise, prices on the custom Order are exclusive of any sales, use, excise or value added taxes and shall apply only to the quantities quoted.
  1. CUSTOM ORDER: We consider your Polarfleece jacket a custom Order, which gets placed into production immediately upon order and is built to your specifications. Custom Orders cannot be cancelled, changed, returned or refunded at any time.
  1. COLOR DISCLAIMER: Due to monitor settings, monitor pixel definitions, limitations of desktop scanners, digital photography, and dye lot variations, we cannot guarantee that the color you see on your screen is an exact color match to your Polarfleece jacket. We have made every effort to make the colors and finishes on screen look as close as possible to the colors and finishes of the Polarfleece jacket you have created. Since we strive to make our colors as accurate as possible, in most cases the textile color you see and choose will likely reflect the color of the Polarfleece textile. Also, please note that just because our Polarfleece textiles may have the same or similar color name as a thing or another product does not mean they are the same exact color. Please don’t mistake a color name to be what you may think that color should be.
  1. SHIPPING AND DELIVERY: At this time, we only ship to the continental US, Alaska and Hawaii and APO and FPO addresses. Unfortunately, we cannot ship to a P.O. Box or any International address. Please allow for 6 to 8 weeks before your custom made to order garment ships with shipping time dependent on the method chosen by the Customer. Orders are shipped Monday-Friday; note that we do not deliver on Saturdays, Sundays or holidays..
  1. ENTIRE AGREEMENT: These Terms and Conditions of Sale include the entire contract between the parties. There are no oral understandings, options, warranties, representations or agreements relative hereto which are not fully expressed herein, and no modification hereof shall become effective unless agreed to by both parties in writing. Waiver by Polartec of a breach by Customer of any provision of this contract shall not be deemed a waiver of future compliance therewith, and such provisions as well as all other provisions hereunder shall remain in full force and effect.
  1. ARBITRATION: Any controversy or claim arising out of or relating to this contract or any modification thereof including any claim for damages and/or rescission or any interpretation or breach thereof, shall be settled by arbitration, with hearing(s) before a panel of three (3) arbitrators in the City of Boston, one (1) selected by Customer, one (1) selected by Polartec, and one (1) neutral arbitrator to be selected by the two (2) arbitrators selected as set forth hereinabove in accordance with the commercial rules of the American Arbitration Association and any supplementary procedures under the expedited procedures of such rules. If the two (2) arbitrators cannot agree on the third arbitrator within a period of ten (10) business days, then the third arbitrator shall be selected in accordance with the commercial rules of the American Arbitration Association. All proceedings and all documents related to the proceedings shall be in the English language. The costs of the arbitration, including the fees and expenses of the arbitrator(s), shall be borne by the parties to the arbitration in equal shares, each party to this Agreement bearing the expenses of its own counsel, experts, witnesses and preparation and presentation of all proofs. Polartec and Customer consent to the jurisdiction of the Supreme Court of the State of Massachusetts and the United States District Court for the District of Massachusetts, whichever is first selected by the moving party, for all purposes in connection with arbitration including enforcement of the arbitration judgment and proceedings and entry of judgment on any award. Polartec and Customer agree that any process or notice of motion or other application to either Court or a Judge thereof and any notice in connection with arbitration or the institution of same may be served within or outside the State of Massachusetts registered or certified mail or by personal service, provided a reasonable time for appearance is allowed. The arbitrators sitting in any such controversy shall not have the authority or power to modify or alter any express condition or provision of this contract, or any modification thereof, or to render an award which by its terms has the effect of altering or modifying any express condition or provision of this contract or any modification thereof. The arbitrators shall be required to determine the award in accordance with this contract including without limitation Article 21, and to issue a written decision setting forth the reason or reasons for the award. The arbitrator(s) are not empowered to award special, consequential, statutory, exemplary or punitive damages, to order specific performance or to issue injunctions. No award may be made by the arbitrators which imposes liability contrary to the provisions of this contract or which is in excess of the specified measure of damages herein set forth limiting claims against Customer and Polartec. Any award in violation of the terms hereof shall be deemed a departure from the terms of submission and shall be wholly void and unenforceable. The entry into this contract by Customer and Polartec shall constitute an agreement to arbitrate disputes under this contract and every other contract between Customer and Polartec now and hereafter. Any claim by Customer of any kind, nature or description is barred and waived unless Customer institutes arbitration proceedings within one year after the claimed breach occurs. The failure to institute arbitration proceedings within this period shall constitute an absolute bar to the institution of arbitration or other proceedings by Customer and a waiver of all claims on Customer’s part.
  1. POLARTEC LIABILITY: The limit of liability of Polartec for any defective or non-conforming goods shall be the difference in value, on the contract date of delivery, between the goods specified and the goods actually delivered. The limit of liability of Polartec for late delivery or non-delivery or any other breach including breach of agreement to confine, if any, shall be the difference, if any between the contract price and the fair market value of goods delivered or to be delivered on the contract date of delivery. Customer shall not be entitled to damages for late delivery or non-delivery unless it actually purchases the same goods elsewhere at a higher price. In no event shall Customer be entitled to claim against or receive from Polartec, and Polartec shall not be liable for any other damages whatsoever, including, without limitation, indirect or consequential damages of any nature, special damages, promotional or manufacturing expenses, injury to reputation, loss of profits on contemplated use, profit of any description or loss of Customer.
  1. SEVERABILITY: If any provision of this contract is or becomes, at any time and under any law, rule or regulation, unenforceable or invalid, no other provision of this contract shall be affected thereby, and the remaining provisions of this contract shall continue with the same effect as if such unenforceable or invalid provision shall not have been inserted in this contract. 
  1. HEADINGS: The headings in this contract are for purpose of reference only and shall not limit or otherwise affect the meaning hereof.
  1. ASSIGNMENT: No right of Customer hereunder or arising out of this contract may be assigned by Customer without the express written consent of Polartec.
  1. VALIDITY: The validity of this contract shall be determined under the internal laws of the State of Massachusetts.
  1. CISG: The Convention on the International Sale of Goods shall not apply to this contract and all of the provisions of the CISG are specifically excluded.