Terms and Conditions
Buyer(s) consent to the following Terms and Conditions:
Buyer(s) consent to the following Terms and Conditions: Nothing Stops Detroit (NSD), acceptance of Buyer's
orders is expressly made conditional on Buyer's assent to these terms and conditions. Unless otherwise agreed to
in writing by all parties, the terms and conditions set forth on this credit/buyer application, order confirmation
and/or invoice supersede the terms and conditions of the Buyer's purchase order(s) and will govern all transaction
between the Buyer and the Seller. These terms and conditions also apply to all future transaction unless modified
in writing signed by all parties. Seller specifically rejects any terms or provisions which set any standards,
specifications or damages related to quality and time of delivery or which contradict or purportedly claim to
supersede these terms and conditions. Buyer's acceptance of goods delivered by Seller in conjunction with this
invoice, credit/buyer application, or order confirmation is an acknowledgement by Buyer of its acceptance of
these terms and conditions.
Notice of Defects/Returns:
The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or
specification, within the first 7 days after the receipt of merchandise. The Seller cannot be responsible for
shortages when shipments are directed to a third party. It is the responsibility of Buyer to inspect upon receipt,
that all merchandise delivered matches its order.
Modification of Goods:
Garment dyers and printers beware: modify the goods and you own them! Once merchandise is printed, garment
dyed, washed or altered in anyway, the Buyer cannot return or make a claim relating to such merchandise. The
Seller is not responsible for fallout or loss during the garment dye process. Regularly test the merchandise for
garment dyability. Garments modified by the Buyer, or modified by seller at the request of Buyer, may not be
returned, Seller may agree, as an accommodation to Buyer, to purchase these items. Should seller make this
accommodation, Buyer authorizes Seller to sell such garments and warrants that it has the right to sell such goods
to Seller and releases and indemnifies seller from any liability related to labels, marks, designs or other intellectual
property rights in anyway related to the sale or distributions of these goods.
It is the responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches its order. A written
authorization from the seller must be obtained by the Buyer for any returned merchandise. All returns must be
made within 7 days of receipt of goods. The Seller will charge the Buyer a 25% restocking fee with a $ 5.00
minimum charge for any returned merchandise. Buyer authorizes seller to sell any garments with Buyer's label,
mark, custom, design or print that have been returned, rejected, or abandoned.
Acceptance of goods with Known Defects Waives Claims for Damages:
Buyer must notify Seller in writing of all claims for damages resulting from late delivery or any other defect that is
known to Buyer at the time Buyer accepts the merchandise. Buyer hereby waives any claim for damages resulting
from any defect Buyer is aware of, including late delivery, at the time Buyer accepts the merchandise.
It is understood that should the Buyer become Delinquent in payment, no further credit will be Extended and the
Seller will charge the Buyer a past due service charge at the rate of 1 ½% per month (18% per annum), collection
agency fees in the amount of 30%, and/or reasonable attorney's fees, and all other costs and expenses which may
be incurred by the Seller in the enforcement of the terms and conditions set forth on this invoice, credit
application, and/order confirmation. Any returned checks will be charged back to the Buyer, and a $50 handling
fee will be charged to the Buyer. If the Buyer's account is insured and the Buyer's account is turned over to a
receivable insurance company for a claim, Seller can also charge the client an additional 30% of the principal
amount due which is in default. It is understood that these charges are a reasonable estimation of the damages
Seller will incur upon Buyer's default.
EXCLUSION OF IMPLIED WARRANTIES:
THE BUYER RECOGNIZES THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
PARTICULAR PURPOSE AND ALL OTHER WARRANTIES IMPLIED ARE EXCLUDED FROM ANY TRANSACTION
BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO THE GOODS SOLD BY SELLER. SELLER SHALL
ALSO NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES.
Buyer acknowledges that Seller has no responsibility for any work performed by any vendor referred by Buyer and
hereby waives any right to assert any claim against Seller for work performed by any other firm, including but not
limited to claims for negligent referral, agency, or respondent superior.
Deterioration of Buyer's Credit:
The Seller has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend
further deliveries of other shipments in the event the Buyer fails to pay for anyone shipment when the same
becomes due. Should the Buyer's financial condition become unsatisfactory to the Seller, the Seller may require
cash payments or satisfactory securities for delivery of goods.
In consideration of such credit extended and/or to be extended by NSD in its discretion to Buyer, or the release of
goods paid by credit card or check, the individual(s) signing this invoice, credit/buyer application, other
confirmation, or delivery receipt or check or credit slip (who, if more than one, shall be jointly and severally bound)
hereby unconditionally guarantee(s) to NSD and its successors, endorsees, and assigns the punctual payment
when due, with such interest as may accrue thereon either before or after any maturity(ies) thereof, of all debts
and obligations of Buyer and any other party or parties, now existing or hereafter arising, as well as the
performance and observance by Buyer of the terms, conditions, stipulations, and agreements of Buyer contained
in this invoice, credit application, and/or order confirmation of NSD. This Guaranty will be continuing and
irrevocable guaranty and indemnity for such indebtedness of Buyer. The undersigned do(es) hereby waive notice
of acceptance of this Guaranty, notice of the occurrence of any default, presentments, demands, protests, and
notices of any and all action at any time taken or omitted by Buyer regarding its indebtedness to NSD. The signer
consent(s) to any modification or renewal of the credit hereby guaranteed. This guaranty shall bind the executors,
administrators, and assigns of the undersigned and shall remain in force and effect unless and until canceled by
written notice sent to Seller by registered mail, in which case it shall then be binding as to any balances still owing
and outstanding as of the date of Seller receipt of such registered notice. This Guaranty also gives NSD the right
to investigate credit from time to time of both Buyer and the Personal Guarantor(s), if deemed necessary by
You may not resell or re-convey, or offer to sell or re-convey, any NSD products to any person or entity, under any
circumstances or through any means, unless you first substantially modify those products by printing,
embellishing, or decorating them so as to clearly distinguish them from NSD's product line. NSD shall have sole
discretion to determine whether you have adequately distinguished the products. As a condition of buying NSD
products from us now, you agree that these terms apply to ALL NSD products you now have or later acquire,
whether or not obtained from us and whether or not such products were previously or would otherwise be subject
to these terms.
1. AGREEMENT TO BINDING ARBITRATION
Nothing Stops Detroit and Buyer agree that upon the demand of either party, any claim or dispute between NSD
and Buyer and/or any of either parties' parent corporations, successor entities, present and/or former subsidiaries,
divisions, and affiliated entities, as well as each of their present and/or form\er shareholders, directors, officers,
employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding
arbitration as set forth in this Agreement. NSD and Buyer hereby covenant not to file a lawsuit against each other
in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for
comparable actions in courts.
2. KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY
Nothing Stops Detroit and Buyer hereby acknowledge that they have read and understand the terms of this
Arbitration Agreement, and are voluntarily agreeing to its terms. NSD and Buyer also understand that by using
binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.
3. COSTS OF ARBITRATION
The Parties shall each bear their own costs and attorneys' fees in any arbitration proceeding, provided however,
that the arbitrator shall have the authority to require either party to pay the costs and attorneys' fees of the other
party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be
Agreement and Acknowledgement:
Buyer(s) have carefully read and agree to these Terms and Conditions. Buyer authorizes NSD to verify the credit
of the Company and/or the individual(s) whose signature(s) appears on this or the other documents specified
above. Buyer and Guarantor(s) authorize its bank(s) and/or business references to release credit information of
Buyer and for Guarantor(s) as requested by NSD. If any term, provision, covenant or condition of this agreement is
held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining
terms and provisions of this agreement will remain in full force and effect and shall in no way be affected,
impaired, or invalidated.