MPG – Mondetta Performance Gear

Terms & Conditions

The terms and conditions on MPG current invoices are as follows:

  1. ORDERS: All orders are subject to acceptance by MPG. Such acceptance is conditional upon the customer’s acceptance of the terms and conditions in the invoice.
  2. PRICES: The amount reflected in any MPG invoice will be deemed accepted and conclusively binding upon Customer as an account stated, unless Customer notifies MPG in writing within thirty (30) days after the date such invoice is due.
  3. TERMS OF SALE: All MPG goods will be sold F.O.B. shipping point. Payment for all MPG goods sold on open account will be due and payable pursuant to the terms and conditions stated on MPG’s invoice. The terms and conditions contained in any MPG invoice, Customer’s account application, MPG sales order, MPG order confirmation and any MPG discrepancy letter take precedence over any terms and conditions set forth in Customer’s purchase order or other similar document and to the extent the terms in any MPG invoice conflict with the terms of any other MPG document, MPG’s invoice terms will control. Any sums not paid within the net terms are subject to a service charge of ONE AND ONE-HALF PERCENT (1.5%) PER MONTH or the maximum rate permitted by law, whichever is lower. No discount will be allowed to any Customer having an overdue balance. Customer will pay such costs, collection agency commissions, expenses and reasonable attorney fees (including, without limitation, at trial and on appeal) as MPG may incur in any manner of collection of any sums past due.
  4. CANCELLATION: Any request for cancellation of an order for MPG goods must be made through MPG’s Customer Service Department. A request to cancel an order which has been entered into MPG’s order system must be made, in writing, within 10 days from the date the order was first written.
  5. LOSS OR DAMAGE IN TRANSIT: MPG will not be responsible for MPG goods lost or damaged in transit. Customer will be responsible for checking its shipment upon delivery for total carton count and condition. Any shortage in total carton count or evidence of damage to MPG goods must be noted on the carrier’s delivery receipt and reported to the carrier’s local office. All claims must be filed with the carrier within thirty (30) days from the date of loss or damage.
  6. SHORTAGES IN UNOPENED CARTONS: All shortages must be reported to the MPG Customer Service Department within fifteen (15) days from the date of MPG’s invoice or pick ticket. Customer will be required to furnish MPG with an invoice or shipping order number and an itemization of all shortages/overages by product code, size, and quantity. Incomplete claims and claims filed more than fifteen (15) days after the MPG invoice date will not be accepted. Customer will be required to furnish Customer’s claim number, if any, when reporting claim.
  7. POLICIES – ALL RETURNS: All returns must be pre-approved by a MPG Customer Service Representative. An authorization number must be obtained through the MPG Customer Service Representative by stating the goods being returned, purchase order number, pick ticket number, invoice number,reason for goods being returned, and the number of units. Merchandise found unacceptable for credit or shipped without an authorization number will not be returned unless Customer specifies and agrees to pay for its return. Only those specific item for which the authorization number was given will be accepted for any return order. A Customer may not add other items into a return shipment unless additional authorization number is issued in advance by MPG’s Customer Service to cover those additional items. The Authorization number must be prominently displayed on the outside of the box, on the bottom right hand corner. To prevent misuse of authorization numbers, MPG’s Customer Service Department will fax you a debit note with written confirmation of the particulars which you have given us by phone. You must immediately sign the debit note and return it to MPG by fax; also a paper copy of that signed debit note must be included in the box with the merchandise being returned.
  1. While an authorization number must be obtained before any item can be returned, issuing of said authorization number does not, in itself, constitute either consent or obligation on the part of MPG to issue credit. This will be done at MPG’s sole discretion once the goods have been received and examined at our warehouse.
  2. RETURN TO STOCK POLICY: MPG pick ticket or invoice number is required for return to stock claims. Return to stick request due to MPG error must be received within twenty (20) days of the pick ticket date. Merchandise must be returned in the same salable condition as received. A fifteen percent (15%) restocking charge will be levied unless the return is due to a MPG error. Charges will be assessed if rebagging, retagging, and/or removal of customer tags is necessary. If the return is a result of a MPG error, credit for freight will be issued upon receipt of freight bill, unless MPG authorizes the Customer to use their freight carrier collect. Credit will be issued at the lowest price unless invoice is supplied.
  3. DEFECTIVE ITEM RETURN POLICY: Whether or not product is defective will be at the sole discretion of MPG. In order to return factory defective merchandise, an authorization number must be obtained from the MPG Customer Service Department. Customer must state the reason for the return of the defective merchandise, pick ticket number, invoice number, number of units, style number and name, and category. Freight allowance for merchandise found to be defective will be given at MPG’s sole discretion, MPG will only accept items that are returned by PARCEL POST. Should the Customer wish to return merchandise by other means, MPG will pay a maximum of one dollar ($1.00) per unit, for goods which we have found defective. All returns must be insured as MPG is not responsible for any lost or damage shipments. The exact postage from the box, including insurance, will be credited back to you if the product is deemed defective. Merchandise over two seasons old will not be accepted at all.
  4. REFUSAL BY THE CUSTOMER:To accept delivery of pre-ordered shipments which have been delivered on time, and in good condition, will be deemed as a breach on contract; and the Customer will be responsible for payment of all expenses, including freight, restocking, etc.
  5. REPLACEMENT OF GOODS: Replacement of goods will be at the sole discretion of MPG. Goods that are over two seasons old very definitely will not be replaced. All replacement goods will be shipped by parcel post at our cost. Should the Retailer wish goods to be shipped by any other method, this will be done at the Retailer’s expense provided MPG receives a confirmation notice for same prior to shipping.
  1. 8. HANDLING CHARGE: MPG will not pay handling charges.
  3. 10. MODIFICATIONS: No supplement, modification, or amendment of these Terms and Conditions will be binding unless executed in writing by MPG.
  4. 11. TERMINATION: MPG may immediately terminate Customer’s ability, if any, to purchase goods if their credit is revoked.
  5. 12. GOODS DAMAGED DUE TO IMPROPER CARE AND/OR LAUNDERING: The Retailer is responsible to reiterate instructions for proper laundering and care if the product to their customers. Laundry instructions are permanently attached to each garment. MPG will not accept requests to return damaged goods from your customer; nor will we grant replacement or refund for any garment that is damaged due to improper care. MPG will only accept request for return from authorized dealers.
  6. 13. FORCE MAJEURE: If a delivery date is specified, that date will be extended to the extent that delivery is delayed by reason of fire, flood, war, riot, strike, natural disaster, or any other event beyond MPG’s reasonable control and if, as a result of such a delay, the goods ordered are unavailable, MPG may substitute comparable goods.