Ross Stores, Inc.
Conditions of Contract
1. SHIPMENTS RECEIVED AFTER THE 24TH OF THE
MONTH WILL BE CONSIDERED AS IF RECEIVED BY PURCHASER ON THE FIRST DAY OF
THE FOLLOWING MONTH.
2. EXCESS TRANSPORTATION CHARGES DUE TO SPLIT SHIPMENTS OR FAILURE TO
COM PLY WITH ROUTING INSTRUCTIONS WILL BE CHARGED BACK TO SELLER.
3. BASIC TRADE PROVISIONS ADOPTED BY NRMA ARE INCLUDED IN TERMS OF
THIS ORDER BY REFERENCE THERETO.
4. THE SELLER IN ACCEPTING THIS ORDER REPRESENTS AND WARRANTS THE MER
CHANDISE SHIPPED IS SAFE AND FIT FOR THE USE FOR WHICH IT IS MANUFAC
TURED. THAT IT IS FREE FROM ANY DEFECTS OR MATTER INJURIOUS TO PERSONS
OR PROPERTY, AND COMPLIES WITH AND HAS BEEN OR WILL BE MANUFACTURED IN
STRICT ACCORDANCE WITH THE PROVISIONS OF ALL RELEVANT AND APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIM
ITED TO EACH AND EVERY ONE OF THE FOLLOWING:
A)THE PRICE DISCRIMINATION ACT APPROVED JUNE 19, 1936.
B)THE FEDERAL CHILD LABOR LAW,
c)ALL FEDERAL, CALIFORNIA AND LOCAL LAWS AND REGULATIONS REGULATING
THE MANUFACTURING AND SALE APPLICABLE HERETO.
D)THE WEIGHT, MEASURES AND SIZES AS REQUIRED BY THE STANDARDS OF THE
GOVERNMENT.
5. THE SELLER REPRESENTS AND WARRANTS THAT THERE HAS BEEN NO
VIOLATION OF ANY TRADEMARK RIGHTS, COPYRIGHTS OR PATENT RIGHTS.
6. SELLER ACKNOWLEDGES THAT THE PROPER GUARANTEE(S) ON THE INVOICE(s)
COVERING THIS ORDER ARE IN THE FORM REQUIRED UNDER THE ACTS HEREAFTER
ENUMERATED, OR THAT THE APPROPRIATE CONTINUING GUARANTEE IS ON FILE WITH
THE FEDERAL TRADE COMMISSION OR OTHER ADMINISTRATIVE AGENCY.
SELLER WARRANTS AND GUARANTEES THAT THE MERCHANDISE SHIPPED UNDER
THIS ORDER IS LABELED IN ACCORDANCE WITH AND COMPLIES WITH THE REQUIRE
MENTS OF THE FOLLOWING,BUT NOT LIMITED TO, FEDERAL WOOL PRODUCTS LA
BELING ACT, FUR PRODUCTS LABELING ACT, TEXTILE fiber PRODUCTS IDENTIFI
CATION ACT, HAZARDOUS SUBSTANCES LABELING ACT, FLAMMABLE fabricS ACT,
FEDERAL FOOD, DRUG & COSMETICS ACT AND THE CHILD PROTECTION AND TOY
SAFETY ACT, FTC "GUIDES", TRADE PRACTICE RULES AND REGULATIONS AND ALL
AMENDMENTS THERETO. ALL ELECTRICAL APPLIANCES WILL COMPLY WITH THE
STANDARDS OF THE UNDERWRITERS LABORATORIES.
7. SELLER AGREES TO DEFEND, PROTECT AND HOLD THE PURCHASER HARMLESS
FROM CLAIMS, SUITS, LIABILITIES, DAMAGES OR EXPENSES ASSERTED AGAINST OR
IN CURRED BY PURCHASER BY REASON OF THE USE OF SELLERS MERCHANDISE BY
CUSTOMERS OF PURCHASER OR OTHERS, AND SELLER AGREES TO SECURE SUITABLE
PRODUCTS AND CONTRACTUAL LIABILITY INSURANCE FOR THE INVESTIGATION, DE
FENSE AND SETTLEMENT OF ANY SUCH CLAIMS FOR VIOLATIONS OF ANY OF THE
FOREGOING WARRANTIES.
8. A WAIVER OF ANY/oR FAILURE TO PERFORM ANY ONE OR MORE OF THE CON
DITIONS OF THIS ORDER SHALL NOT CONSTITUTE A WAIVER OF, NOR AN EXCUSE
FOR, NON-PERFORMANCE AS TO ANY OTHER PART OF THIS OR ANY OTHER ORDER.
9. SELLER AGREES TO SAVE, INDEMNIFY AND HOLD PURCHASER FREE AND
HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, SUITS AND COSTS INCURRED
BY PUR CHASER BASED ON VIOLATION OF LAWS, PATENT INFRINGEMENTS, DEFECTS
OR MATTERS INJURIOUS TO PERSONS OR PROPERTY.
10. BILLS OF LADING MUST SHOW EXACT ARTICLES (I.E.. SHIRTS, SUITS,
PAJAMAS, ETC.) SHIPPED AND WHAT MATERIAL IS MADE OF (I.E.. COTTON,
RAYON. WOOL, ETC.), BILLS OF LADING SHOWING CLOTHING, DRY GOODS, ETC. IS
NOT SUFFICIENT,
11. EXCESS COSTS INCURRED BY PURCHASER DUE TO FAILURE TO SHOW CORRECT
WEIGHT AND FREIGHT DESCRIPTION ON BILL OF LADING WILL RESULT IN CHARGE
BACK TO SELLER OF SUCH EXCESS COSTS PLUS HANDLING CHARGES.
12. FAILURE TO INVOICE ALL STORES ON ONE INVOICE COVERING A SINGLE
SHIPMENT WILL RESULT IN A MINIMUM PENALTY CHARGE OF $1.00 FOR EACH EXTRA
IN VOICE.
13. SELLER REPRESENTS TO PURCHASER THAT SELLER HAS THE RIGHT TO USE
ANY AND ALL TRADEMARKS, TRADE NAMES AND TRADE ADDRESSES ASSOCIATED WITH
THE MERCHANDISE. SELLER AGREES TO SAVE, INDEMNIFY AND HOLD PURCHASER
FREE AND HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, SUITS AND COSTS
IN CURRED BY PURCHASER AS RESULT OF THE BREACH OF SELLER'S
REPRESENTATION AND FURTHER AGREES TO DEFEND PURCHASER, AT SELLER'S
EXPENSE, AGAINST ANY CLAIMS OR SUITS OR OTHER PROCEEDINGS BROUGHT
AGAINST PUR CHASER AS A RESULT OF ANY SUCH BREACH.
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