United States Department of Labour
| 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. | 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. |
| 2. EXCESS TRANSPORTATION CHARGES DUE TO SPLIT SHIPMENTS OR FAILURE TO COM PLY WITH ROUTING INSTRUCTIONS WILL BE CHARGED BACK TO SELLER. | 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. |
| 3. BASIC TRADE PROVISIONS ADOPTED BY NRMA ARE INCLUDED IN TERMS OF THIS ORDER BY REFERENCE THERETO. | 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. |
| 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: |
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. |
| A)THE PRICE DISCRIMINATION ACT APPROVED JUNE 19, 1936. | 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. |
| B)THE FEDERAL CHILD LABOR LAW, | 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, |
| c)ALL FEDERAL, CALIFORNIA AND LOCAL LAWS AND REGULATIONS REGULATING THE MANUFACTURING AND SALE APPLICABLE HERETO. | 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. |
| D)THE WEIGHT, MEASURES AND SIZES AS REQUIRED BY THE STANDARDS OF THE GOVERNMENT. | 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. |
| 5. THE SELLER REPRESENTS AND WARRANTS THAT THERE HAS BEEN NO VIOLATION OF ANY TRADEMARK RIGHTS, COPYRIGHTS OR PATENT RIGHTS. | 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. |