STANDARD TERMS AND CONDITIONS OF SALE FOR SHOWSTOPPERS, LLC

All sales, orders, shipments and other transactions shall be subject to Showstoppers, LLC (“Seller”) standard terms and conditions as set forth herein unless otherwise stated in writing. The laws and decisions of the State of California shall govern all transactions taking place hereunder.

Prices
All orders accepted are on the basis of prices as per the current collection line sheet.
All prices F.O.B. Seller’s Distribution Center and do not include insurance, import, taxes, shipping, delivery and similar charges.
All Payments shall be made in UNITED STATES FUNDS.

Establishment of Credit, deposits, and credit limits;
Seller reserves the right to require all Customers to establish, reestablish, and/or maintain creditworthiness at any time.
Seller reserves the right to examine the credit record and check references of Customer at any time. If Customer’s financial condition is unknown or unacceptable, Seller reserves the right to require full payment in advance of shipment. Seller shall determine the amount of any payment in its sole discretion up to 100% of pending orders and any past due balances.
Seller reserves the right to refuse service to any Customer or any former or affiliated customer regardless of whether or not the former or affiliated customer was shipped goods at the same location until satisfactory payment arrangements have been made for all-such indebtedness.
Seller reserves the right to place customers on “credit hold”, and will not ship additional merchandise, until outstanding debts are in good standing.
Credit decisions are based in whole or in part, on information obtained in a credit report and/or references provided by Customer.
Customer has the right under the Equal Credit Opportunity Act to receive a statement of reasons for adverse action taken within 60 days of notification.

Advance payments and credit card authorizations
All Customer credit card orders will be charged prior to any shipment of merchandise.
Credit card charges will be made upon cardholder’s authorization only. Authorizations can be either verbal or written.

Payments and Billing
All customers will receive a written confirmation as to what specific credit terms, if any, were granted by Showstoppers, LLC.
Bills are due and payable as per the terms of sale granted as to any particular invoice.
Seller may assess a charge of thirty-five dollars ($35.00), whenever a check is not accepted by the institution upon which it was written.

Collections
Unless otherwise indicated, all payments are due at the time of sale. Where any credit may be extended to any Customer by Seller, should any payments be received by such Customer in excess of sixty (60) days from the date of invoice, such Customer shall automatically have all credit privileges revoked and will be required to pay for any additional orders in advance for a period of no less than 1 year.
Seller reserves the right to assign any accounts not paid or deemed as uncollectible to an outside collection agency.
Any over-due or past due payments shall bear interest charges at the rate of eighteen percent (18%) per annum, except in no event shall the amount of charges exceed the highest amount allowed by law.
Should it become necessary for Showstoppers, LLC to retain an attorney to enforce any of the transactions between the parties, Customer shall be liable to pay any fees and expenses including its reasonable attorney’s fees, and or costs incurred in the collection of any charges owed to Seller.

Tax Exemption Certificate
In order to be granted tax exempt status Customer shall provide Seller with copies of all tax exemption certificates and other documentation reasonably required by Seller.

Shipping and Delivery
Unless specific shipping instructions are received from the Customer substantially before the shipment date, Seller reserves the right to use its sole discretion in selecting the means of shipment.
All shipping costs shall be added to the price of the goods and shall be reflected on the particular sales invoice, where available.
Showstoppers LLC reserves a 15-day lead time in order to process, fulfill and ship complete orders.
Partial orders will only be shipped upon written request by Customer.

CANCELLATIONS AND RETURNS
No returns will be accepted for credit by the Seller without a prior Return Manufacturer Authorization Number issued, and must be shipped freight prepaid by the Customer.  Please obtain a return authorization number from your sales representative.
Cancellations must be received in writing within 48 hours of date order was placed.
All claims for shortages, differences in the products shipped, or poor quality must be made in writing within 14 days of receipt of shipment.
A standard fifteen percent (15%) restocking fee will be applied for returns or exchanges other than for defects or shipment issues.

LIMITED WARRANTY
Showstoppers, LLC warrants that all products manufactured or sold by Seller shall be free from defects in materials and workmanship. Seller will replace or repair any products which shall prove to be defective provided that the Customer shall have reasonably inspected products received and timely notified Seller of any apparent defects within 30 days of receipt of shipment.

SHOWSTOPPERS, LLC MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE USE OR SUITABILITY OF ANY PRODUCT, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. SELLER’S SOLE OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE, AT SELLER’S OPTION TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFOR.  IN NO EVENT SHALL SELLER’S LIABILITY EVER EXCEED THE CUSTOMER’S PURCHASE PRICE.

THE FOREGOING REMEDY SHALL BE SUBJECT TO CUSTOMER’S WRITTEN NOTIFICATION OF DEFECT AND RETURN OF THE DEFECTIVE PRODUCT WITHIN THIRTY (30) DAYS OF PURCHASE.  THE FOREGOING REMEDY DOES NOT APPLY TO PRODUCTS THAT HAVE BEEN SUBJECTED TO MISUSE, ALTERATION, NEGLECT, ACCIDENT OR MODIFICATION, OR TO PRODUCTS THAT HAVE BEEN USED ON OR IN CONNECTION WITH ANY PARTICULAR SKIN TYPE OR FABRIC,  OR IF DAMAGE OCCURS AS A RESULT OF THE FAILURE OF THE PRODUCT USER TO FOLLOW ANY SPECIFIC INSTRUCTIONS.

IN NO EVENT SHALL SHOWSTOPPERS, LLC BE LIABLE TO THE CUSTOMER, PRODUCT USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGED FABRICS, LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY SHOWSTOPPERS, LLC, OR THE USE OR INABILITY TO USE THE SAME, EVEN IF SHOWSTOPPERS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Prior to using Showstoppers, LLC products, it is highly recommended that the user conduct a spot test of the fabric and/or skin for which the product is intended to be applied, by using a small swatch or inconspicuous portion of the fabric. It should be noted that the product might not be appropriate and/or safe for use with all types of fabrics and/or skin types, without some potential harm or damage to same.