TERMS AND CONDITIONS OF SALE
Orders for RTP Appaarel LLC (“RTP”) goods (the “Goods”) are subject to the following terms and conditions of sale (the “Sale Agreement”). This Sale Agreement shall govern the sale of Goods from RTP to you and/or the company you are authorized to represent (“you”). By issuing a purchase order for Goods from RTP or placing an order on-line, you accept and agree to the terms of this Sale Agreement. RTP’s performance is expressly made conditional upon your agreement to the terms of this Sale Agreement. Any provisions or conditions of any purchase order or other document, which are inconsistent with or in addition to the terms of this Sale Agreement are hereby rejected and shall be inapplicable and not binding upon RTP.
To enable you to place an order with RTP to purchase its Goods through the RTP web site, you are required to have first registered with RTP by phone or through the RTP web site to be an approved on-line buyer. RTP shall make commercially reasonable efforts to meet any shipment date stated on the face of any accepted order. However, you understand and agree that shipment of Goods is subject to availability as well as Acts of God such as inclement weather, and RTP EXPRESSLY DISCLAIMS LIABILITY FOR ANY FAILURE TO MEET SUCH DELIVERY DATES, including delays by the shipping company after it leaves our facility. RTP shall have the right to deliver Goods at one time or in portions from time to time, and to invoice for those portions delivered. Payment will not be considered final until all shipping and/or freight charges and taxes billed to you have been paid.
RTP is also not responsible for shipments left on porches, doorsteps, etc that may subject that order to "Porch Pirate" or stealing of delivered shipments. Always make sure that someone is present to accept and sign for delivery. RTP will not reimburse or re-ship orders that have been delivered and stolen or misplaced.
You shall purchase Goods in accordance with RTP’s price list in effect at the time of the order (less other discounts, if any). Prices are exclusive of all sales or use taxes, tariffs, customs (except fees associated with original U.S. importation which RTP pays), duties and other governmental charges. You shall pay or reimburse RTP for any and all such charges. Late payment of any amount will be grounds for RTP to discontinue performance under this Sale Agreement. Any amounts not paid by the due date will be subject to a finance charge at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law. However, payment of such finance charge will not excuse or cure a breach or default for late payment. Returned checks will be subject to a $40.00 per check charge. You remain responsible for all shipping and handling charges including, without limitation, failure by the consignee to pay shipping charges, failure by any third party to pay shipping charges, or an incorrect or invalid shipping account number. RTP accepts American Express, Discover, Visa and MasterCard (please ask your sales representative for details). If you have any questions regarding payment terms, contact our credit department at (877) 299-2914.
Orders placed before 3:30 pm (EST) will be shipped the same day. Orders received after 3:30 pm will be shipped the following day. Truck shipments will be shipped the same day for orders taken before 3:00 pm. Shipments will include shipping and handling. Expedited shipments are available upon request. RTP will not be responsible for any delay in the delivery or shipment of goods, or for any damages suffered by reason of such delay. All shipments are F.O.B. from original ship point. You may pick up your order between 9:00 am and 5:00 pm Monday through Friday at the RTP facility. Please allow 3 hours for processing order. Orders placed after 2:00 pm will be ready at 11:00 am the following morning.
All prices are subject to change without notice. RTP assumes no responsibility and shall incur no liability whatsoever if price change notices are not received. Customers will be charged the prices that are in effect at the time merchandise is shipped. In the event of new federal or state taxes or legislation affecting the costs of products or items, cost of cotton, production costs, increased shipping, duties, container fees or other costs, RTP reserves the right to increase prices as it deems appropriate or necessary. Merchandise is subject to change or withdrawal, or may be temporarily or permanently out of stock. We assume no liability for delays or failure to deliver due to our inability to obtain supplies. Please call for current pricing when ordering basic t-shirts to learn about our competitive pricing. For businesses, we require a signed State Tax Exemption Certificate on file before shipping your first order.
RETURNS AND CANCELLED ORDERS
It is your responsibility to check immediately for discrepancies or defects in an order before any alterations or embellishments are made. If you have a problem or discrepancy with an order, contact our Customer Service at (877) 299-2914within 5 days after date of shipment. Returns must be authorized by RTP in advance and MUST USE THE RETURN AUTHORIZATION FORM which needs to be completely filled out and returned to us via email. Download it HERE.
• RTP will absolutely not accept returns of printed, washed or decorated merchandise. You are responsible for inspecting the garments before performing any printing.
• All claims for shortages, damages, etc., must be made within 72 hours of receipt of merchandise.
• All returned or refused shipments are subject to a 20% or $25 (whichever is greater) restocking charge in addition to both outbound freight charges, return freight charges and any COD charges.
• No returns will be accepted by our warehouse without a valid return authorization number.
• Defective merchandise must be returned to us with a piece of tape indicating the location of the flaw. Defects would include holes in the fabric or unsewn seams, etc. Due to the nature of cotton and the manufacturing process of cotton fabrics there can be minor specs within the fabric itself and DOES NOT constitute a defective merchandise. We strive to provide the absolute best products to our customers, however minor specks, fleckles, and fabric imperfections should be considered part of the normal manufacturing process and DO NOT constitute grounds for a refund or replacement of goods.
• Merchandise over 30 days old and discontinued styles cannot be returned.
• Please include a copy of the invoice to insure proper credit in a timely manner.
RETURN / REFUND POLICY
LastupdatedJanuary 1, 2021
Thank you for your purchase. We hope you are happy with your purchase and it is RTP Apparel’s goal to ensure that we remain at the leaders in Ready To Print apparel in the DTG industry. However, if you are not completely satisfied with the quality of the shirt or printability, we do have some suggestions for you to try before you request an RMA to return the shirts for them to be assessed in our facility before a decision is made on the type of return/refund to be processed. If you have NOT completed the PRE-RMA testing we will NOT allow the RMA to proceed. Verification with pictures and other methods of verification may be required. Please see below for more information on our return policy.
All returns (via the RMA) must be completed within 30 days of the receipt of the goods. All returned items must be in new and unused condition, with all original tags and labels attached.
To return an item, please email customer service at firstname.lastname@example.org to obtain a Return Merchandise Authoriation (RMA) form which must be filled out completely, emailed back to our offices at email@example.com and we will then at that time issue an RMA NUMBER to be used when returning the merchandise. After receiving the RMA Number, place the item securely in its original packaging and include your proof of purchase & a copy of the return form provided, and mail your returns to the following address:
(YOUR RETURN RMA #)
3509 Brightwood RD SE
New Philadelphia, OH 44663
Please note, you will be responsible for all return shipping charges. We strongly recommend that you use a trackable method to mail your return (i.e. UPS).
After receiving your return and inspecting the condition of your item(s), we will process your return or exchange. Once we receive the items, we will assess the items for printability or other issues per the RMA information. Please allow at least 10 working days from the receipt of your item to process your return or exchange. If we deem that the products did have an issue with not enough pretreatment or other issues that contribute to non-acceptable printability, refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company and we will notify you by email when your return has been processed OR replacement items may be sent out at our discretion. If it is found that the items returned are deemed printable, no refund will be given and the items may be returned at customer's expense.
The following items can not be returned:
• Items that have already been printed and found to be functional as far as the print quality is concerned.
• A 20% restocking fee will be charged for all returned items that have not been printed and are deemed re-sellable by RTP Apparel.
• Sale items are FINAL SALE and cannot be returned.
• We try to treat all of our customers with respect and dignity. If a customer becomes belligerent, abusive, or improper with any RTP Apparel employee we will dismiss the RMA outright. You will be treated as you treat us. We treat our employees with respect, and so will our customers. If you don’t like that philosophy – don't be surprised how we handle the issues at hand.
If you have any questions concerning our return policy, please contact us at:
Many Goods that have been imported into the U.S. cannot be exported to other countries. It is your responsibility to check with your freight forwarder to confirm foreign documentation requirements and verify that items to be exported will be released by customs at the final destination. RTP is not responsible for providing this information or any documentation required to export goods purchased from RTP or for re-importation to the U.S.
The Consumer Product Safety Improvement Act (“CPSIA”) became law on August 14, 2008 and is applicable to consumer products (including textile wearables and non-wearables) manufactured on and after November 12, 2008. The components used to create the RTP Apparel (Ready to Print capabilities) shirts has been CPSIA certified and maintains the criteria to meet the CPSIA standards.
WARRANTIES AND DISCLAIMER
RTP warrants only that the Goods shall be free from material defects as of the delivery date as defined above in the RETURNS & CANCELLATION ORDERS and EXCLUSIONS sections, provided, you store and handle the delivered Goods in such a manner that meets or exceeds the storage and handling procedures utilized by RTP.
You must provide RTP with written notice of any warranty claims no later than thirty (30) days after receipt of the applicable order of Goods. Failure to provide written notice within such 30-day period shall void RTP’s warranties in their entirety. As RTP’s sole responsibility and liability, and YOUR ONLY AND EXCLUSIVE REMEDY for any breach or breaches of such warranties, RTP shall, upon written notice from you, either (at RTP’s option) replace the defective portion of the Goods, or accept return thereof and refund the price paid by you for the defective portion. Any misuse, improper handling, storage, use, modification or alteration of the Goods by any third party shall void the forgoing warranty. You shall remain entirely responsible for any shipments by you or your company for purposes of returning defective products or packages hereunder to RTP, and all risk of loss or damage during shipment shall be borne by you. RTP will pay (or reimburse you) for reasonable shipping and handling charges limited to valid warranty claims.
You agree and acknowledge that any benefits derived from use or resale of the Goods will depend on factors which vary from business to business and which are not within RTP’s control. YOU ARE RESPONSIBLE FOR THE SELECTION OF THE GOODS TO MEET YOUR, YOUR COMPANY’S OR ITS CUSTOMERS’ NEEDS, AND RTP MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OR SALE OF THE GOODS IN YOUR BUSINESS. RTP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE GOODS WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES MADE BY RTP.
LIMITATION OF LIABILITY AND EXCLUSIONS
IN NO EVENT WILL RTP BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR THE USE OR SALE OF GOODS BY YOU, OR ANY OTHER PARTY, OR FROM THE MANUFACTURE, SALE OR USE OF ANYTHING MADE BASED ON THE GOODS, EVEN IF RTP IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT FOR INJURIES TO CONSUMERS DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RTP. You agree that, regardless of the form of action, whether in contract or tort, including negligence, RTP’s liability for damages claimed by you with respect to the Goods shall not exceed fees received by RTP from you for the applicable Goods hereunder. Regardless of the form of action, whether in contract or tort, including negligence, RTP’s liability for damages claimed by third parties with respect to the Goods, as between RTP and you shall not exceed fees paid to RTP hereunder. No action, regardless of form, arising under this Sale Agreement (other than an action for non-payment of any purchase prices or other amounts owed by you to RTP), may be brought by either party more than one (1) year after the date of the alleged breach. RTP shall not be liable for any failure to perform under this Sale Agreement where such failure is due to any cause beyond RTP’s control. You hereby release and shall defend and hold RTP and its owners and agents harmless from and against any actual or threatened claims, losses, liabilities (including without limitation any punitive damages and fines), costs and expenses (including without limitation reasonable costs of litigation and attorneys’ fees) related to third party actions (a) in which it is determined that RTP is not at fault; and/or (b) arising from or relating to any acts or omissions by you, your company or your customers.
You hereby release and shall defend and hold RTP and its owners and agents harmless from and against any actual or threatened claims, losses, liabilities (including without limitation any punitive damages and fines), costs and expenses (including without limitation reasonable costs of litigation and attorneys’ fees) related to third party actions (a) in which it is determined that RTP is not at fault; and/or (b) arising from or relating to any acts or omissions by you, your company or your customers.
Our relationship is one of independent contractors. No agency, employment, partnership or joint venture shall be created by or founded upon this Sale Agreement. You shall not make or assign, or represent to any party, that it may make or assign, any warranty or representation by or for RTP, nor shall you attempt, or represent that it is entitled, to make any commitment, waiver or settlement on behalf of RTP or to pledge the credit of RTP. This Sale Agreement shall be governed by and construed under the laws of Ohio, without regard to any conflicts of law principles to the contrary. The parties consent to exclusive jurisdiction and venue in the federal courts sitting in Tusscarawas County, Ohio, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue in the Circuit Courts of Tuscarawas Country, Ohio. You agree not to object to this jurisdiction and venue, and hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens. Any notice or request hereunder shall be made in writing delivered in person to an authorized officer of the respective party or mailed or transmitted by cable or telecopier, for RTP, to the current contact information on our website at www.ssactivewear.com, and, for you, to the address RTP has on file for you in your most recent approved credit application (unless changed by written notice of a different address). Your rights hereunder are personal to you and the company you represent, and may not be assigned or transferred in whole or in part by you, nor may any benefit hereunder inure to any trustee in bankruptcy, receiver, or successor, whether by operation of law or otherwise, without the prior written consent of RTP, and any attempted assignment or transfer without such consent shall constitute a breach hereunder and shall be void. No omission or delay on the part of either party hereto in requiring due and punctual fulfillment of the obligations of the other party shall be deemed to constitute a waiver of any of the rights of the omitting or delaying party unless such rights are waived in the particular instance in a writing delivered to the other party, and no such waiver shall apply to any other instance or obligation. If any provision of this Sale Agreement is held to be invalid or unenforceable to any extent in any context, it shall nevertheless be enforced to the maximum extent allowed by law and the parties’ fundamental intentions in that and other contexts, and the remainder of this Sale Agreement shall not be affected thereby.