Bill to: biela group inc 285 Mott S treet B4 New York, NY 10012 United States Ship to: biela group inc 285 Mott S treet B4 New York, NY 10012 United States BIELA GROUP INC BI001 Larisa larisa@millandway.com PO #: Bailey Back UP EB F17 Total Units: 340 Total Price: $11,408.00 Delivery: 11/01/2017-11/17/2017 Order Type: 281 - F17 EB 10% NET30 (USA) Terms: NET 30 taxten Style #: 25102 MS RP $100.00 brown Color Code: br204 S izes: M: 4 L: 4 XL: 2 $40.00 10 $400.00 ormond Style #: 25440 MS RP $55.00 brown herringbone Color Code: bh213 S izes: M: 8 L: 8 $22.00 16 $352.00 ormond Style #: 25440 MS RP $55.00 plaid Color Code: bp003 S izes: M: 10 L: 10 $22.00 20 $440.00 wynn Style #: 7016 Season: fall 2016 pewter Color Code: pw013 S izes: S: 4 M: 6 L: 6 XL: 4 $33.00 20 $660.00 Page: 1 of 7 340 $11,408.00 $11,408.00
wynn Style #: 7016 S izes: S: 2 M: 6 L: 6 XL: 4 $33.00 18 $594.00 curtis Style #: 7005 navy Color Code: nv411 S izes: S: 6 M: 6 L: 6 XL: 6 $35.00 24 $8 40.00 curtis Style #: 7005 viridian Color Code: vr392 S izes: S: 4 M: 4 L: 4 XL: 4 $35.00 16 $560.00 darron Style #: 7021 MS RP $85.00 gunmetal Color Code: gm040 S izes: S: 2 M: 2 L: 2 XL: 2 $34.00 8 $272.00 blixen Style #: 7034 S izes: M: 4 L: 6 XL: 6 $35.00 16 $560.00 Page: 2 of 7 340 $11,408.00 $11,408.00
blixen Style #: 7034 navy Color Code: nv411 S izes: S: 2 M: 4 L: 6 XL: 6 XXL: 2 $35.00 20 $700.00 navy Color Code: nv411 S izes: S: 4 M: 6 L: 6 XL: 6 $33.00 22 $726.00 basalt Color Code: ba000 S izes: S: 2 M: 6 L: 6 XL: 6 $33.00 20 $660.00 oxblood Color Code: ox601 S izes: S: 2 M: 4 L: 2 XL: 2 $33.00 10 $330.00 bluestone Color Code: bl432 S izes: S: 2 M: 2 L: 2 XL: 2 $33.00 8 $264.00 Page: 3 of 7 340 $11,408.00 $11,408.00
S izes: M: 6 L: 6 XL: 6 $33.00 18 $594.00 sperling Style #: 70613BH MS RP $105.00 bluestone Color Code: bl432 S izes: S: 4 M: 4 L: 2 XL: 2 $42.00 12 $504.00 Season: fall 2016 S izes: S: 4 M: 6 L: 6 XL: 6 $36.00 22 $792.00 henna Color Code: he645 S izes: S: 4 M: 6 L: 6 XL: 4 $36.00 20 $720.00 kangaroo Color Code: kn215 S izes: S: 4 M: 6 L: 6 XL: 4 $36.00 20 $720.00 Page: 4 of 7 340 $11,408.00 $11,408.00
woodland mix Color Code: wm212 S izes: M: 8 L: 8 XL: 4 $36.00 20 $720.00 Your order to the Bollman Hat Company (the Order ) as set forth on (a) the Customer Order Acknowledgement or other equivalent order report generated by us (the Acknowledgement ), (b) any invoice regarding the Order generated by us (the Invoice ), and (c) any pick slip included with the goods purchased pursuant to the Order (the Pick Slip and, collectively with the Acknowledgement and Invoice, the Sale Documents ), is made subject to these General Terms of Sale (the Terms of Sale ). By placing the Order, you accept these Terms of Sale as well as any terms and conditions of the front and back (if any) of the Sale Documents, and waive your own terms or conditions set forth in any purchase order or other documents. If there are any inconsistencies between the provisions specified in these General Terms of Sale and any of the Sale Documents, the following order of precedence, to the extent of any inconsistency, shall apply: these General Terms of Sale, the Customer Order Acknowledgement, the Invoice, and the Pick Slip. The Order is subject to credit approval and other considerations. Payment in full is due in legal tender of the United States on or before [30 days] following the date of the Invoice. Depending on your credit status, you may be required to prepay the Order. In the event of payment default, we reserve the right to assess a late fee of the lesser of 2% per month or the maximum allowed by law. We may withdraw from and/or suspend our performance of the Order if (i) you are in arrears with any payment, (ii) you breach any provision of the Terms of Sale or the Sale Documents, or (iii) if, in our reasonable discretion, we find you to be insolvent, and you may not initiate proceedings of any kind against us without first settling all invoices relating to the goods purchased, in addition to any expenses arising from the breach. You shall notify us in writing of any disputed invoiced charge or amount within 30 days of your receipt of any Invoice containing such disputed charge or amount. In no event shall your notice of a dispute relieve you from your obligation to pay in full all non-disputed charges and amounts. After placing the Order, you shall not be permitted to cancel the Order or any part thereof, unless the Bollman Hat Company approves the cancellation in advance. If we cancel any particular style included in the Order for fabrication or production reasons, we will try to work with you to replace such style with another style. You will be deemed to have accepted any such replacement styles if you do not object to them in writing within 5 days of receipt or any change or purchase order notification sent by us. We may make partial deliveries as are reasonable foreseeable from, and within the time limits envisaged by the Order. Payment terms shall also be valid for partial deliveries. You are responsible for all transportation, delivery, and insurance costs incurred in connection with the delivery of the goods. If the cost of transportation is prepaid by us, we shall invoice the goods upon shipping to reflect transportation costs known to us and additional transpiration costs shall be invoiced as they become available from the transportation company. Transportation of the goods will normally be in accordance with the shipping instructions you provide in your order, but we reserve the right to ship goods freight collect and to select the means of transportation and routing. We may insure the full value of the goods or declare full value thereof to the transportation company at the time of delivery and all insurance costs shall be for your account. Risk of loss or damage shall pass to you upon delivery of the goods to the transportation company at the EXW (Ex Works) point. Confiscation or destruction of, or damage to the goods shall not release, reduce, or in any way affect your liability to make payment therefor. Notwithstanding any defect or nonconformity, or any other matter, such risk of loss or damage shall remain in you until the goods are returned at your expense to such place as we may designate in writing. You, at your expense, shall fully insure products against all loss or damage until we have been paid in full thereof, or the goods have been returned to us. All goods must be inspected upon receipt and claims must immediately be filed with the transportation company and us when there is evidence of shipping damage, either concealed or external. Notwithstanding anything to the contrary in the foregoing, we shall not be liable for obligations arising from breaches on the part of any transportation company designated by you. Any returns will be made in accordance with our standard return policy (the Return Policy ) which has, or will, be made available to you; as such Return Policy may be amended from time to time. We will not accept any unauthorized returns, and you are responsible for any freight charges incurred as a result of any unauthorized returns. In addition, a 20% restocking fee may be accessed to any unauthorized return. All goods furnished to you shall be deemed as accepted by you unless written notice of defect or nonconformity is received by us within ten days of delivery thereof. Notwithstanding the foregoing, use, or sale of any such goods by you or any of your agents, employees or licensees for any purpose after delivery thereof shall constitute acceptance of the goods. All goods accepted shall be paid for regardless of any claim relating to other deliveries or undelivered goods. Page: 5 of 7 340 $11,408.00 $11,408.00
Unless you are a wholesaler pre-approved by us, you represent that you are a retailer and that your business is to sell goods to the consuming public in the ordinary course. You recognize that we have suggested retail prices; but you shall set your own retail prices for such resale. You agree to comply at all times with all applicable laws, rules, and regulations. You may not use or mention Bollman Hat Company, Betmar, Plaza Suite, Bailey, Eddy Bros., Country Gentleman, Kangol, Timberland or Helen Kaminski or any of our other trademarks unless we expressly agree in advance in writing. You may not make any amendment, alteration or change to the goods sold by us, or affix any other trademark or inscription to such goods. In accordance with the laws in force, you are prohibited, on penalty of legal action, from reproducing in full or in part any of our goods, now existing or hereafter created, including, but not limited to the appearance, design, models or samples. You are also prohibited from conducting any procurement or inducement to do any of the foregoing, including, but not limited to, transmitting to third parties information that would enable these goods to be reproduced in full or in part. We warrant for a period of one year from the date of purchase that the goods shall be free from defects in material or workmanship at time of shipment, and that the goods delivered will meet the published specifications for such goods or any specifications we have agreed to in writing. This warranty does not extend to any goods which have been subject to misuse, adverse conditions, abuse, neglect, or accident, or which have been altered or repaired outside of our factory. OTHER THAN THE WARRANTIES SET FORTH ABOVE, WE MAKE NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE CONDITION, DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OF THE PRODUCTS, OR AS TO ANY OTHER MATTER, AND THE WARRANTIES SET FORTH ABOVE SHALL SUPERSEDE ANY ORAL OR WRITTEN WARRANTIES OR REPRESENTATIONS MADE OR IMPLIED BY US OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES OR IN ANY OF OUR BROCHURES, CATALOGS, LITERATURE OR OTHER MATERIALS. IN ALL CASES, YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE OBLIGATION FOR ANY BREACH OF THE WARRANTIES CONTAINED HEREIN SHALL BE LIMITED TO, AT OUR OPTION, CREDIT FOR THE DEFECTIVE GOODS OR THE REPAIR OR REPLACEMENT OF THE DEFECTIVE GOODS, PROVIDED THAT SAID GOODS ARE RETURNED TO US ACCORDING TO THE RETURN POLICY, AND PROVIDED THAT UPON OUR EXAMINATION, THE GOODS DO NOT MEET THE WARRANTY CONTAINED HEREIN, AS WE DETERMINE IN OUR SOLE DISCRETION. YOU AGREE AND UNDERSTAND THAT THE PRICE STATED FOR THE GOODS IS IN CONSIDERATION FOR THE LIMITATION OF OUR LIABILITY FOR A BREACH OF THE ABOVE DESCRIBED EXPRESS WARRANTY AND THAT SUCH LIMITATION REPRESENTS A VALID AND REASONABLE ALLOCATION OF COMMERCIAL RISK BETWEEN THE PARTIES. All provisions of these Terms of Sale and the Sale Documents are fundamental to our acceptance of the Order. No waiver of any provision shall constitute a continuing waiver thereof or any other provisions hereof. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST REVENUE, GOODWILL OR PROFIT OF ANY KIND WHATSOEVER REGARDLESS OF CAUSE OR FORSEEABILITY). Delivery and shipment dates are estimates only, and we do not guarantee delivery or shipment on or by any date. We will make reasonable efforts to observe the dates indicated for delivery. However, we shall not be liable for defaults or delays due to acts of God or the public enemy, acts or demands of any government or government agency, strikes, fire, floods, accidents or other unforeseeable causes beyond our control and not due to our fault or gross negligence. You shall defend, indemnify, and hold us harmless from any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorney s fees and costs) arising from any breach by you of these Terms of Sale or the Sale Documents. You shall pay any sales tax or other tax, fee or charge of any nature whatsoever (other than taxes based on our income) imposed by any governmental authority, on or measured by any transaction between us. In the event that we are required to pay any tax, fee, or charge, you shall reimburse us therefore, or, in lieu of such payment, shall provide us at the time the Order is submitted with the exemption certificate or other documentation acceptable to the authority imposing the tax, fee or charge. These Terms of Sale, together with the Sale Documents, constitute the entire agreement between us with respect to the matter contained herein and therein and supersedes all prior written or oral representations and agreements. These Terms of Sale and the Sale Documents may only be modified by an amendment or alteration specifically identified as such and signed by Bollman Hat Company. In the event that these Terms of Sale, the Sale Documents, or any portion hereof or thereof are held invalid or unenforceable by any statute, regulation, ordinance, executive order, or decision of any court of competent jurisdiction then such terms shall be deemed amended or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, order, rule, or order of court and the remaining provisions these Terms of Sale and the Sale Documents shall remain in full force and effect. As the Order is subject to acceptance by us in the United States, these Terms of Sale and the Sales Documents shall be governed by the substantive laws of the Commonwealth of Pennsylvania (U.S.A.) without regard to its conflict of law provisions. Exclusive jurisdiction is granted to the courts of the Commonwealth of Pennsylvania in the case of all disputes relating to these Terms of Sale and the Sale Documents. You hereby irrevocable submit to the jurisdiction of such courts and waive any claim or defense of inconvenient forum or lack of personal jurisdiction under any applicable law, decision, or treaty. In making the foregoing submission to jurisdiction, you waive the benefit of any contrary provision of the laws of any country or its subdivisions, other than the laws of the United States and the Commonwealth of Pennsylvania. Page: 6 of 7 340 $11,408.00 $11,408.00
Authorization Larisa Print: S ign: MAR 19, 2017 Date: Page: 7 of 7 340 $11,408.00 $11,408.00