TERMS OF USE

All orders will be billed at Rawlings then current price sheet, which is in effect as of the date of shipment. The terms of payment will be set forth on the face of the invoice, which shall include the calculation of late charges when applicable. LIST PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

 

All orders are subject to credit approval.

 

Due to unanticipated material and labor costs increases that may be incurred by Rawlings®, quoted prices are subject to change without notice. Such price increases may be applied at Rawlings®’ option on date the order is received.

 

We reserve the right to change design, make substitutions (provided such substitution does not materially alter your order), and limit quantities.

 

Orders for extras (or variations) not listed are subject to acceptance by the factory and are subject to additional charges for designs, patterns, artwork etc.

 

All orders must be for specific quantities, styles and sizes as deemed acceptable by Rawlings, unless specifically modified in writing by Rawlings and Purchaser. In lieu of style or catalog code, complete specifications must be included with Special Order products.

  

All products purchased are solely and exclusively for use or resale by Purchaser to its customers who shall be end-users and shall not be resold to another Purchaser, retailer, distributor, wholesaler or broker unless authorized writing by Rawlings.  Unauthorized resale will constitute a material breach of these terms and conditions of sale and/or may result in immediate termination as an authorized customer and may be subject to additional claims for damages.

 

All products are purchased solely and exclusively for original Purchasers resale in the continental United States.

Special Order merchandise may only be ordered in writing with purchase order number.

 

Confirmations will be emailed to purchaser to confirm details of special orders as well as expected completion date.

 

Any changes to Special Orders must be made in writing within 48 hours of receiving confirmation.  After that point order will be considered final and purchaser will be responsible for payment.

 

Merchandise that is ordered with a cancellation date and shipped prior date, will be deemed to have been shipped within a reasonable time of cancellation date and will not be subject to return. Standard Pack and Shipping Weight are shown for all stock items.

 

All orders are subject to acceptance by Rawlings, either via email or verbally on phone orders. All Rawlings® prices, terms and conditions are subject to change without written notification from Rawlings. No order may be cancelled or changed, nor merchandise returned without our prior written consent.

Rawlings will, under normal conditions, make every effort possible to ensure shipment/delivery of merchandise on/by the date originally requested. Unless otherwise agreed to by Rawlings and Purchaser. Rawlings, as a normal business practice, will consider shipments made ten (10) days prior to requested date, as on time.

Payment terms are net 30 days from date of invoice. (Special dating terms may be available with selected booking programs. Contact your Rawlings® representative for more details.)

 

A service charge on delinquent accounts will be charged at a rate of 1.5% per month. Except those states were prohibited by law.

 

Service charges are subject to change without notice. Orders will not be shipped to customers with past due invoices.

 

All discounts, rebates, and freight allowances are forfeited if not paid within stated terms. 

Except as otherwise provided by law, invoice prices do not include sales, exercise, use or other taxes or fees. Such taxes and fees are the sole responsibility of the Purchaser, unless Rawlings has received a valid tax exemption from the Purchaser.

Equipment & Stock Clothing: There will be an additional $5.00 charge on orders less than $75.00.

*Special Order Clothing: There will be an additional charge on quantities less than six each.  Charges are dependent upon the decoration type and are shown on the price list.

 

The policies outlined herein cover both private brand merchandise and Rawlings® branded merchandise with customer stock numbers.

A customer may not use a Rawlings® stock number, a competitor’s stock number or any number that would be deceptive on Private Brand merchandise.

We will not stamp “Made by Rawlings®” or any similar inscription on Private Brand merchandise.

Minimum quantities are specified under various products and must be observed. Minimums will be shown on the price list.

Cost of manufacturing dies are charged to customers and dies become the property of Rawlings®.

Rawlings® registered trademarks may not be used on Private Brand merchandise.

Samples (in multiples of 12) may be included as part of a minimum order.

Merchandise stocked on the basis of contracts that have been issued must be purchased by the customer and delivery taken by December 31 of contract year (Fall merchandise) or August 31 of contract year (Spring merchandise).  Examples of this would be state or league adopted products which require special logos.

On all Private Brand merchandise, the customer must qualify by buying the minimum quantity each season. Fill-in quantities apply after minimum requirement is met for the opening order each season.

Private Branding utilizing a Rawlings® advisory staff member must be authorized in writing by Rawlings.

 

 

All merchandise to be returned must be authorized by Rawlings® and accompanied by a Return Goods Authorization or the return will be refused at the time of receipt by Rawlings®. All requests for return authorization must be made within thirty (30) days of ship date. Authorization is available through the Return Goods Department in Washington, Missouri.

 

Requests for returns for merchandise shipped within thirty (30) days of requested ship date will be deemed to have been shipped within a reasonable and proper time and will not be subject to return. Any refused shipment falling within these parameters will be subject to a 15% service charge.

 

Return Goods Department

Rawlings Sporting Goods Company, Inc.®

220 West Link Drive

Washington, MO 63090

1-877-225-1041

 

All products must be returned in new condition, freight prepaid and properly packed to protect against physical damage.

The risk of loss shall be borne by the Purchaser during transport of the returned Products.

Unless otherwise provided on the invoice, all invoice prices for the Products are F.O.B. Rawlings’ shipping point. Shipment will be made via a transport method selected by Rawlings, which shall consider requests by Purchaser for specific methods of shipment. All risk of loss or damage to the Products shall pass to the Purchaser upon delivery of the Products to the transport contractor. All claims for damage or shortage must be requested in writing within thirty (30) days of shipment. Any requests received after this time will not be allowed.

Rawlings will not be liable for penalties of any kind unless specifically agreed to in writing by an authorized representative of Rawlings. Rawlings will not be liable for any loss or damage whatsoever caused by delays or failure of deliveries or other nonperformance of this agreement, any of which is beyond Rawlings’ reasonable control, including but not limited to fire; flood; strike; acts of Purchaser; governmental restriction or regulation; war; riot; Acts of God; transportation failure and/or accidents; failure by Rawlings’ suppliers to deliver; labor disturbances; material, power or fuel shortage; or shortage in manufacturing facilities.

In the event of any delay or non-performance, Rawlings will make every reasonable attempt under the circumstances to meet delivery dates and date of delivery or performance will be extended for a reasonable period of time no less than the duration of such cause for delay or nonperformance. Whenever possible, Purchaser will be advised of the status of the delay or nonperformance and the anticipated date of delivery or performance.

 

All Rawlings’ Products are subject to careful quality control throughout manufacturing and servicing, and such Products are warranted to be of merchantable quality only for use under reasonably foreseeable legal or regulated conditions, for a period of one (1) year, provided, however, that specific Products may be identified to have a different warranty period. Published material and information concerning Rawlings Products are based upon information, which Rawlings believes to be reliable, but such material and information does not constitute any warranty whatsoever. Rawlings cannot anticipate the variety of possible uses of its products and makes no warranty for use of its Products for any particular purposes. Rawlings shall not be liable for any punitive damages in excess of the invoice price for the product, nor for any incidental, special, commercial, or consequential damages. This paragraph is made expressly in lieu of all warranties, unless a specific Product is identified to have a different warranty period.

 

NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES (WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSES OR OTHERWISE) EXCEPT AS SET FORTH ABOVE SHALL APPLY TO PRODUCTS SOLD BY RAWLINGS. RAWLINGS SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OF ANY KIND OR CHARACTER. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF RAWLINGS.

 

 

For any Products that require Rawlings to use Purchaser’s Marks (as defined herein), the Purchaser grants to Rawlings a limited exclusive, license to use the Purchaser’s trademarks, trade names, copyrights, logos and other intellectual property (the “Marks”) to the extent necessary to manufacture, distribute, market, promote and/or sell certain Products per these Terms and Conditions.  The Purchaser warrants that it is the owner of such marks; trade dress and/or logos licensed hereunder and agrees to indemnify Rawlings for any claims of infringement related to Rawlings use of such marks, trade dress or logos pursuant to this Agreement.