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  Ross Stores, Inc. Conditions of Contract
Chapter V. Appendices
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  Child Labor Report 2005

Appendix C: Codes of Conduct Provided by Companies Surveyed

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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Companies Surveyed

Dayton Hudson Corporation

Dillard Department Stores

The Dress Barn, Inc.

Family Dollar Stores

Federated Department Stores

Fruit of the Loom

The Gap

Hartmarx Corporation

JC Penney Company

Jones Apparel Group

Kellwood Company

Kmart Corporation

Land's End, Inc.

Levi Strauss & Company

The Limited

Liz Claiborne

Mercantile Stores Company

Montgomery Ward Holding Company

Nike

Nordstrom

Oxford Industries

Phillips-Van Heusen

Price Costco

Ross Stores, Inc.

Russell Corporation

Salant Corporation

Sara Lee Corporation

Sears Roebuck & Company

Spiegel, Inc.

Stage Stores, Inc.

The Talbots, Inc.

Tultex Corporation

Venture Stores

VF Corporation

Wal-Mart Stores

Warnaco Group

Woolworth Corporation

Child Labor Report 2005

Child Labor

 
This report was developed and provided by the U.S. Labor Department http://www.dol.gov/ILAB/media/reports/iclp/apparel/main.htm

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