NRG Terms and Conditions

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TERMS & CONDITIONS

Lead Times: Orders generally ship within 8-10 business days from final artwork approval, and receipt of goods. Please inquire for lead time on orders over 500 applications as production times may vary based on decoration method. A 25% rush charge will apply to orders that require shipping in 72 hours or less.

Abandoned Merchandise: All merchandise ordered or drop shipped is used for immediate order fulfillment. Apparel not used within 60 days of receipt will be considered “abandoned apparel” and will become property of NRG Active Apparel. All abandoned merchandise will be donated to a charity of our choice.

Supplied Order Merchandise: All supplied client merchandise used for orders must arrive in new/good condition, with accurate printed inventory documentation. It is recommended that a size breakdown of your items be provided to ensure order accuracy. Failure to supply goods and inventory in a proper manner will increase completion and delivery timelines. NRG Active Apparel is not responsible for lost merchandise as a result of compromised and damaged packaging delivered from clients to NRG Active Apparel. We reserve the right to refuse damage or broken packages.

Indemnification: Customer warrants that they have the legal right to use the marks, symbols, and/or designs depicted in the artwork supplied. Customer shall indemnify and hold NRG Active Apparel harmless in any infringement actions as a result of reproducing artwork.

Product Photos: NRG Active Apparel assumes the right to use photos of garments and/or logos for promotional purposes 60 days after an invoice.

Cancellations: All orders are considered firm upon receipt of a purchase order, or email confirmation. You will be charged for any work that has begun directly related to your purchase order.

Damages: NRG Active Apparel reserves the right to over ship/under ship up to 2% of the inventory received due to damages from the original manufacturer, or during the embellishing process.

Shipments: Orders can ship: UPS or Purolator. We cannot accept liability for the failure of any carrier to fulfill a promised delivery time. All split shipments will be charged $10 per location. We will use other couriers at our discretion. NRG Active Apparel will not accept liability for late shipments from clients resulting in failure to meet a delivery time. Orders can be shipped directly to NRG Active Apparel.

Freight & Taxes: All prices exclude taxes. All shipping and handling charges are to be paid for by the customer. NRG Active Apparel will ship on your UPS or Purolator account (all other logistics or courier companies will need to be setup by the client). Should you not have an account, you will be invoiced for freight using NRG Active Apparel’s UPS or Purolator services.

Payment Methods Accepted: We accept: Visa, MasterCard, Debit, Company Cheque, Money Order and e-Transfer.

Terms: N/30 (on approved credit) 2% per month, will be charged on overdue accounts. All orders are FOB. All orders are COD unless approved for terms. A 50% deposit may be required for all new accounts, or large volume orders.

 

LEGAL STATEMENTS

Terms and Conditions of Use 

Please read these terms and conditions of use carefully before using this website. By using this website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website following the posting of any changes to these terms, subject to our procedures for material changes to our policy will mean that you accept those changes. 

Restriction on Use of Materials

This website is owned and operated by NRG Active Apparel. No material from this website or any website owned, operated, licensed or controlled by NRG Active Apparel may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase products from NRG Active Apparel, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purposes, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this website is permitted without the prior written consent of NRG Active Apparel. Except as expressly stated in this legal notice, no right or license to the materials or any portion thereof, shall be granted or implied. 

Use of Website 

Impersonation of others, including a NRG Active Apparel employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others for any other commercial online service or other organization. You may not engage in the mass downloading of files from this website; use the computer processing power of this website for purposes other than those permitted above; or flood this website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this website without the prior written consent of NRG Active Apparel. 

External Links 

This website may contain links to other sites. We are not responsible for the privacy practices of such other websites. The terms and conditions herein do not apply to any such linked websites. NRG Active Apparel does not endorse any linked websites or the information, materials, products or services that are contained in or accessible through such linked websites. NRG Active Apparel disclaims all warranties, express or implies, with respect to the information, materials, products and services that are contained in or accessible through linked websites, including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose or non-infringement. You acknowledge and agree that NRG Active Apparel Inc. is not responsible for the content, accuracy, legality, decency, copyright compliance, privacy practices, security or any other aspects of any such linked websites, and that the access or use of any such liked websites is solely at your own risk, and you hereby waive any and all claims against NRG Active Apparel with respect to such linked websites. 

Intellectual Property 

All content included on this website, such as text, graphics, code, logos, button icons, images, audio clips and software, and the compilation of such content (i.e. collection, arrangement, and assembly) is the exclusive property of NRG Active Apparel or its suppliers and is protected by US, Canadian, and other copyright laws and international treaties. The content and software on this website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited. NRG Active Apparel, and www.NRGActiveApparel.com are registered trademarks of NRG Active Apparel. All other product names contained in this website are trademarks or registered trademarks of their respective owners. The use or misuse of those trademarks except as expressly authorized is prohibited. NRG Active Apparel enforces its intellectual property rights to the fullest extent of the law. 

Submissions to NRG Active Apparel Incorporated 

Any information, including, but not limited to, remarks, suggestions, ideas, graphics, or other submissions, communicated to NRG Active Apparel through this website becomes the exclusive property of NRG Active Apparel, and NRG Active Apparel is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to NRG Active Apparel and accepts responsibility for its accuracy, appropriateness, and legality. 

Warranty Disclaimer 

This website and the materials and products on this website are provided “as is” and without any warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, NRG Active Apparel disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. NRG Active Apparel does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. NRG Active Apparel does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not NRG Active Apparel) assume the entire cost of all necessary servicing, repair, or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you. 

Limitation of Liability 

Under no circumstances, including, but not limited to, negligence, shall NRG Active Apparel be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or the inability to use this website or the performance of the products, even if NRG Active Apparel or authorized representatives of NRG Active Apparel have been advised of the possibility of such damages. Some provinces, and states do not permit limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall NRG Active Apparel total liability to you for damages, losses and causes of action (whether in contract negligence or otherwise) exceed the amount paid by you, if any, for accessing this website. 

Indemnification 

As a condition of use of this website to indemnify, defend, and hold harmless NRG Active Apparel, its officers, directors, employees, agents, licencors, and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of this website, including any claims alleging facts that if true, would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account. 

Typographical Errors 

In the event that a product sold is mistakenly listed with an incorrect price, NRG Active Apparel reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, NRG Active Apparel shall issue a credit to your credit card account.