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CLUB VOLLEYBALL FALL/WINTER 2019 Booking Deadline: 4/12/19 First Ship: 10/1/19 PERFORM IN NEW JERSEYS WITH A FEMININE LOOK YOUR GAME WITH CRAZYFLIGHT X 3
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Page 1: CLUB VOLLEYBALL - Amazon Web Servicesadidasmedia.s3.amazonaws.com/.../aT_FW19_ClubVolleyball.pdf · 2018-12-20 · club volleyball fall/winter 2019 booking deadline: 4/12/19 first

CLUBVOLLEYBALL

FALL/WINTER 2019 Booking Deadline: 4/12/19 First Ship: 10/1/19

PERFORM IN

NEW JERSEYS WITH A FEMININE LOOK

YOUR GAME WITH CRAZYFLIGHT X 3

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Below is information regarding a consolidated 1-800 number specific to US Team Sports / NCAA Customer Service. Customers may select the appropriate internal or external location from the main menu.

1-877-409-0628 THE NUMBER ABOVE WILL BE THE SINGLE CS CONTACT NUMBER FOR ORDERING ASSISTANCE

FOR ADIDAS AND ADIDAS LICENSEES.

Jim Watkins615-585-3460 [email protected] and TN

Tessa [email protected], NYC, Eastern PA, DE Rob [email protected] MD/DC and VA Patty Seta-Tabb 513-858-9421 [email protected] IN, MI and OH Tom Monsell [email protected] ME, NH, VT, MA, RI, CT and Northeast NY Mike Albe 410-322-5665 [email protected] Western PA, West Virginia andWestern and Central New York.

Rob Van Brocklin 813-920-7363 [email protected] FL

Rohn Mulkey 678-492-2527 [email protected] NC, SC and GA

Bob Stanley 601-850-0480 [email protected] AL, LA and MS

EAST REGIONPaul Andrews [email protected] Northern TX, OK and AR Mike Cloud [email protected] West TX, Southern TX and NM

Megan Curry 916-396-8486 [email protected] CO and UT

Eric Luckenbach [email protected] SoCal, Vegas, and AZ Karl Halberg 503-744-9106 [email protected] OR, WA, ID, WY and MT Scott Snyder 316-993-5426 [email protected] KS, MO, and Southern IL Dale Wiebke 612-239-3853 [email protected] MN, WI and ND

Dan O’Donnell 636-698-3629 [email protected] NE, IA, Northern IL and SD

Aaron Van Kleeck 925-324-0817 [email protected] Northern CA, Hawaii, NV

WEST REGIONJeremy Lowey [email protected]

Thomas Bauman [email protected]

Jessica Russo [email protected]

MID ATLANTICMark DeFeyter [email protected] Al Recker [email protected]

Emily Reynolds [email protected]

Stephanie Temple [email protected]

MIDWEST

Megan Okuley Bowen 317-614-5201 [email protected]

Nicholas Tackett [email protected]

Jason Hubbard [email protected]

SOUTHNelson Welch [email protected] Matthew Hatheway [email protected]

Jordan Green [email protected]

Jonathan [email protected] Brett [email protected]

SOUTHEAST

Chris Terrell 775-240-7875 [email protected]

Ryan Lynch 503-327-9026 [email protected]

Brittany [email protected]

WEST

ACCESS TO:• All catalog imagery• Additional image content• Closing book requests• Promotional media requests • Sales resources

• Digital catalogs• Inventory and online ordering access• adidas school announcements

ADIDAS TEAM SERVICES NCAA TEAM SERVICES

V IS IT TODAY!ADIDAS-TEAM.COM

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ADIDAS LICENSED AND SPONSORED SCHOOLS

@ADIDAS | @ADIDASWOMEN | @ADIDASVBALL | @ADIDASRUNNING

@ADIDASFO OTBALL | @ADIDASFBALLUS | @ADIDASHOOPS |

@ADIDASBASE BALL | @ADIDASLACROSSE | @ADIDASFIELDHOCKEY

#TEAMADIDAS

WE ARE THE CREATORS. WE ARE THE ORIGINAL SPORTS BRAND FUSING SPORT AND CULTURE. WE ARE OBSESSED WITH PROVIDING ATHLETES WITH ONLY THE BEST. THROUGH SPORT WE HAVE THE POWER TO CHANGE LIVES.

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Power Red

Power Red

Black

Black

Collegiate Navy

Collegiate Navy

Collegiate Royal

Collegiate Royal

Maroon White

White

DP4365

DP4358

DP4367DP4362

DP4355

DP4366

DP4359

DP4364

DP4357

DP4363

DP4356

Jaquard Print on Fabric and Shoulder Cut-Out

Jaquard Print on Fabricand Shoulder Cut-Out

SPARTANBURGHSapproved

SPARTANBURGHSapproved

• 100% Polyester• Hybrid engineered fabric allows for increased breathability and lighter construction• Fitted fit for a dynamic and athletic look• Open shoulder cut-outs create a feminine look and increased breathability

• Engineered mesh construction on the body of the jersey creates a non-solid appearance • High Density print adidas logo• 25.4” center back length (size M)• Shipped blank without decoration

• 100% Polyester• Hybrid engineered fabric allows for increased breathability and lighter construction• Fitted fit for a dynamic and athletic look• Open shoulder cut-outs create a feminine look and increased breathability

• Engineered mesh construction on the body of the jersey creates a non-solid appearance • High Density print adidas logo• 25.4” center back length (size M)• Shipped blank without decoration

5/31/22

5/31/22

6/1/19

6/1/19

2XS-2XL

2XS-2XL

$55

$45

FIRST SHIP:

FIRST SHIP:

LAST SHIP:

LAST SHIP:

SIZES:

SIZES:

MSRP:

MSRP:

AVAILABLE COLORS:

AVAILABLE COLORS:

QUICKSET LONG SLEEVE JERSEY NEW

QUICKSET CAP SLEEVE JERSEY NEW

6V

OL

LE

YB

AL

L

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Power Red Black Collegiate Navy

Collegiate Royal White Shock Pink

Power Red Heather

Collegiate Royal Heather

Black Heather

GreyHeather

Collegiate Navy Heather

Black Solid

White Soild

DP4343 DP4346DP434Ø

DP4344DP4342DP4341

DP4334

DP4333

DP4335

DP4336

DP4337

DXØ887 DXØ888

Heathered Fabric and Mesh Shoulder Cut-Out

Mesh Shoulder Cut-Out

SPARTANBURGHSapproved

SPARTANBURGHSapproved

• 94% Polyester / 6% Elastane• Four-way stretch material allows for unlimited freedom of movement with zero irritation• Mesh shoulder cut-out creates a feminine look while providing increased breathability

• Semi-fitted pattern allows for superior performance during overhead motions• High Density print adidas logo• 28.2” back length (size M)• Shipped blank without decoration

• 92% Polyester / 8% Elastane• Four-way stretch material allows for unlimited freedom of movement with zero irritation• Mesh shoulder cut-out creates a feminine look while providing increased breathability

• Semi-fitted pattern allows for superior performance during overhead motions• High Density print adidas logo• 28.2” back length (size M)• Shipped blank without decoration

5/31/22

5/31/22

6/1/19

6/1/19

2XS-2XL

2XS-2XL

$30

$35

FIRST SHIP: LAST SHIP:SIZES:

SIZES:

MSRP:

AVAILABLE COLORS:

FIRST SHIP: LAST SHIP:MSRP:

AVAILABLE COLORS:

HI-LO CAP SLEEVE JERSEY NEW

HI-LO LONG SLEEVE JERSEY NEW

8V

OL

LE

YB

AL

L

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Black Collegiate Navy

Black Collegiate Navy

CY914Ø CY9138

CD9594CD9592

SPARTANBURG

HSapproved

P E R F O R M A N C E CO M P R E S S I O N F I T

SPARTANBURG

HSapproved

P E R F O R M A N C E CO M P R E S S I O N F I T

• 85% Polyester / 15% Elastane• Superior moisture management• Secure waistband• Built-in gusset for fit and comfort• Contrast heat transfer adidas logo• Inseam: 4” size M

• 83% Recycled Polyester / 17% Elastane Main Body• 78% Polyester / 22% Elastane Mesh Inserts• Kinetic wrapping design for freedom of movement• Soft-touch elastic waistband• Polygiene permanent odor protection• Metallic heat transfer adidas logo• Inseam: 3” Size M

5/31/20

5/31/20

At Once

At Once

XS-2XL

XS-2XL

$30

$25

AVAILABLE COLORS:

FIRST SHIP: LAST SHIP:SIZES:MSRP:

AVAILABLE COLORS:

FIRST SHIP: LAST SHIP:MSRP: SIZES:

TECHFIT 4” SHORT TIGHT

ALPHASKIN 3” SHORT TIGHT

10V

OL

LE

YB

AL

L

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Black / White White / BlackS98577 S98578

Black Melange

Grey TwoMelange

113SFL1 113SFL9

INDYR EG U L A R F I T

• 100% Double Knit Fleece (270g)• Breathable climawarm™ fabric• Kangaroo hand pockets• Drawcords• Mesh hood liner• High Density heat transfer adidas logo • adidas logo graphic code: WADDA1

5/31/20At OnceXS-2XL, MT-2XLT$55113S

FIRST SHIP: LAST SHIP:MSRP: SIZES:STYLE #:

AVAIL ABL E COLORS:

TEAM ISSUE PULLOVER

HSapproved SPARTANBURG

• Pad: Adiprene EVA• Soft tri-blend sleeve• Maximum protection for elite play• Minimalistic, low profile design• 5” sleeve height

TBDAt OnceS, M, L$25

AVAIL ABLE COLORS:

FIRST SHIP: LAST SHIP:SIZES:MSRP:

5” KP 13

VO

LL

EY

BA

LL

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Black Melange

Grey TwoMelange

113WFL1 113WFL9

INDYR EG U L A R F I T

• 100% Double Knit Fleece (190g)• Breathable climawarm™ fabric• Welt hand pockets• Self fabric collar and cuffs• High Density heat transfer adidas logo • adidas logo graphic code: WADDA1

5/31/20At OnceXS-2XL$60113W

FIRST SHIP: LAST SHIP:MSRP: SIZES:STYLE #:

AVAIL ABLE COLORS:

TEAM ISSUE 1/4 ZIP

Black Melange

Grey TwoMelange

126YFL1 126YFL9

INDYR EG U L A R F I T

• 100% Double Knit Fleece (190g)• Breathable climawarm™ fabric• Drawcords• Pockets

• Zippered leg openings• Tapered leg• High Density heat transfer adidas logo• Inseam: 31” Size M

5/31/20At OnceXS-2XL, MT-2XLT$55126Y

FIRST SHIP: LAST SHIP:MSRP: SIZES:STYLE #:

AVAIL ABLE COLORS:

TEAM ISSUE PANT

15

VO

LL

EY

BA

LL

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Core Black / FTWR White / Gumm 1

Core Black / FTWR White / Gumm 1

FTWR White / FTWR White / Gumm 1

FTWR White / FTWR White / Gumm 1

D97832

D97823 EF8745

D97831

SPARTANBURG

SPARTANBURG

HSapproved

HSapproved

• UPPER: Mesh partnered with fully integrated TPU yarn enforcements allows for lightweight stability• MIDSOLE: BOOST™ technology combines superb cushioning and energy return with every step and jump, fueling the athlete with endless energy• OUTSOLE: Top grip rubber compound for optimum grip. The molded heel counter provides an adaptive heel fit and stability when you are jumping and landing. The S-shaped heel counter also allows optimal movement of the Achilles without compromising on the lockdown.

• UPPER: Mesh partnered with fully integrated TPU yarn enforcements allows for lightweight stability. TPU yarn enforcements provide abrasion resistance for ultimate durability. Bootie construction gives extra support around the ankle when attacking the net. • MIDSOLE: BOOST™ technology combines superb cushioning and energy return with every step and jump, fueling the athlete with endless energy• OUTSOLE: Top grip rubber compound for optimum grip. Molded S shape heel counter allows for optimal Achilles movement

5/31/20

5/31/20

6/1/19

6/1/19

5-14

5-14

$130

$140

FIRST SHIP:

FIRST SHIP:

LAST SHIP:

LAST SHIP:

SIZES:

SIZES:

MSRP:

MSRP:

AVAILABLE COLORS:

AVAILABLE COLORS:

CRAZYFLIGHT X 3 W NEW

CRAZYFLIGHT X 3 MID W NEW

16V

OL

LE

YB

AL

L

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Core Black / FTWR White / Core Black

AQ17Ø1

SPARTANBURGcloudfoam

• UPPER: Quick drying synthetic material with 3-Stripe branding • FOOTBED: Contoured to cradle your foot for maximum comfort • OUTSOLE: Injected EVA outsole for lightweight support

5/31/206/1/194-18 (Whole Sizes)$25

FIRST SHIP: LAST SHIP:SIZES:MSRP:

AVAIL ABLE COLORS:

ADILETTE SHOWER

Power Red Bold BlueBlack Collegiate Navy Jersey Onix5144Ø35 51439745144Ø34 5143985 514296Ø

• Lifetime Warranty - built to last• HYDROSHIELD water-resistant material• freshPAK™ ventilated laundry or shoe pocket• Fits a size 5 soccer ball inside or on the outside in included mesh pocket• Dual water bottle pockets• Space for team branding

TBDAt Once12”L x 9.50”W x 20”H$60

FIRST SHIP: LAST SHIP:MSRP: SIZES:

AVAIL ABLE COLORS:

STADIUM II BACKPACK

White / Black Black / White

HSapproved

• Acrylic, Polyester, Spandex• climalite® moisture-wicking yarns help keep your feet cool and dry• Cushioned foot provides protection from impact

TBDAt OnceM-XL$34

FIRST SHIP: LAST SHIP:MSRP: SIZES:

AVAIL ABLE COLORS:

XL: 5142694DL: 5142693C L: 5142694CM: 5142693B M: 5142694B

XL: 5142693D

TEAM 6-PACK CREW

17

VO

LL

EY

BA

LL

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Notes:

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2018 TEAM CATALOGTERMS AND CONDITIONS

ORDERS: These General Terms and Conditions of Sale (the “Terms and Conditions”) apply to and form an integral part of all quotations and offers made by SLD, all acceptances, acknowledgements (including a functional acknowledgement sent on receipt of an electronic order) and confirmations by SLD of any orders by Customer, and any agreements regarding the sale by SLD and purchase by Customer of product and services. SLD’s acceptance of orders is based upon these Terms and Conditions. All purchase orders or other procurement documents (in-cluding purchase order confirmations, compliance guides, and routing and logistics guides) submitted by Customer shall be governed by these Terms and Conditions. To the extent that any provisions contained in the Customer’s purchase order or other procurement documents con-flict with or would change, modify or supplement these Terms and Con-ditions, these Terms and Conditions will control, even if SLD does not expressly contest such provisions and any such conflicting provisions shall be wholly inapplicable to any sale made by SLD to Customer and shall not be binding in any way on SLD. Without limiting the foregoing, SLD further rejects terms and conditions inconsistent with, different from or additional to those contained herein which are contained on any website of Customer for which access is conditioned on acceptance of such terms and conditions. A functional acknowledgement sent on re-ceipt of an electronic order does not constitute acceptance of electronic data interchange orders. Customer’s order of the product will manifest Customer’s agreement to these Terms and Conditions.

BACK ORDERS: Back orders are shipped FOB shipping point. Back orders will only be created based on stock availability and allocation.

ALLOCATIONS: Orders and shipments are subject to allocation by SLD in times of product shortages as determined by SLD in its sole discretion.

CANCELLATIONS: Requests to cancel orders must be made in writing no later than forty-five (45) days before the start ship date and are sub-ject to SLD’s approval . All cancellations and refusals may be subject to a restocking/processing fee. Cancellations exceeding ten percent (10%) of futures bookings will result in evaluation of future discounts. Container and direct ship orders are not cancellable.

CHANGES IN ORDERS: Changes in orders will be considered only (a) within thirty (30) days of order submission in the case of container or dedicated orders, or (b) no later than forty-five (45) days prior to the first shipment date indicated on the order in the case of warehouse orders.

PRICING: All pricing error claims must be submitted to SLD within thirty (30) days of the applicable invoice due date. All pricing error claims submitted within this timeframe will be reviewed, and approved or denied based on the merits of the claim at the sole discretion of SLD. All pricing error claims submitted beyond this timeframe will be automatically denied. All prices are subject to change without notice. Orders will be billed at prices prevailing at the time of order as reflected on SLD’s then current price lists.

SHIPPING: Freight terms are FOB shipping point for all domestic ship-ments and FOB port for direct shipments, unless otherwise approved in writing by SLD. Customer assumes all risk of loss upon delivery of products by SLD to Customer or Customer’s representative. All delivery indications are estimates only. In no event will SLD assume any liability, consequential or otherwise, as a result of SLD’s failure to deliver prod-uct in accordance with indicated delivery schedules. Delivery of part of an order does not obligate SLD to make further deliveries, and partial deliveries will be billed when made.

TERMS OF SALE: Payment terms are specified in the credit application, unless otherwise specified. Any amounts not paid within net terms are subject to a service charge of 1-1/2 % per month or the maximum rate permitted by law, whichever is lower. No cash or prompt payment discounts will be allowed. Customer shall not set off against or deduct from any amounts due to SLD hereunder all or any part of any amounts owed or alleged to be owed by SLD to Customer. Chargebacks will not be accepted by SLD unless agreed to in writing between SLD and Customer. If SLD, in its sole discretion, at any time is unsatisfied with Customer’s financial responsibility, or feels it needs further assurance that Customer will pay for outstanding orders, Company shall be entitled to require Customer to pay for its orders on a cash-in-advance basis. If Customer is in default under any agreement with SLD, or fails to comply with any written rule or policy of SLD, including these Terms and Conditions, SLD shall have the right, without prejudice to any other legal remedy, to cancel all outstanding orders. SLD shall have the right to set off and deduct any amounts due to SLD from Customer against and from any amounts owed or allegedly owed by SLD to Customer.

GENERAL RETURNS POLICY: All returns must be pre-approved by SLD’s Returns Department. Requests for approval of returns must be received in writing by the Returns Department within thirty (30) days of the applicable invoice date. Customer accommodations and refused shipments may be subject to a fifteen percent (15%) restocking fee. Additional charges will be assessed for footwear that requires reboxing or apparel that requires rebagging or untagging prior to its return to SLD’s stock. SLD also reserves the right to charge for removal of value added services (like labeling, ticketing, and special packaging) on returned product.All returns must be accompanied by a Return Authorization Form, available from the Returns Department, and comply with all instruc-tions provided by the Returns Department. The Return Authorization Number must be clearly marked on the outside of the shipping carton and/or on the face of the shipping documents. Any returns not bearing the Return Authorization Number or not accompanied by a Return Authorization Form will be shipped back to Customer at Customer’s Expense.

All returns must be shipped prepaid at Customer’s expense. In addi-tion, Customer will be responsible for any handling charges incurred by SLD as a result of a return.DEFECTIVE RETURNS POLICY: Whether product is defective will be determined in SLD’s sole discretion. If SLD determines that product is defective, SLD will reimburse Customer for reasonable freight charges upon receipt of a freight bill.

LOSS/DAMAGE IN TRANSIT: SLD will not be responsible for goods lost or damaged in transit. Any damage or shortage in carton count must be noted on the carrier’s delivery receipt and reported directly to the delivering carrier.

CONCEALED SHORTAGES/OVERAGES: In order to make a claim for any shortages/overages in unopened cartons, such claim must be reported to SLD’s Credit Department in writing within thirty (30) days of the applicable invoice due date. All claims must be accompanied by an invoice, carton identification number and shipping order number and an itemization of all shortages/overages by product code, size, and quantity.

PACKING ERRORS: In order to make a claim for packing errors, such claim must be reported to SLD’s Credit Department in writing within thirty (30) days of the applicable invoice due date. All claims must contain the carton identification number.

CUSTOMER’S COVENANTS: Customer agrees to (a) render prompt, effective and courteous service with respect to the sale of SLD’s goods, including all services to which a retail customer of SLD’s goods is enti-tled; (b) vigorously and aggressively encourage the retail sale of SLD’s goods; (c) maintain the minimum sales volume established by SLD from time to time; (d) establish and maintain, independently and in con-junction with SLD, advertising and marketing policies and methods that emphasize the high-quality characteristics of SLD’s goods; (e) provide clean, modern and adequate retail outlet(s) necessary for proper mer-chandising and selling of SLD goods; (f) attend presentations conducted by SLD sales representatives for the purpose of acquiring knowledge about the technical and other aspects of SLD products; and (g) notify SLD’s Credit Department in writing prior to any change in Customer’s legal organization, method of doing business or any other information stated in the credit application filed by Customer.

TRADEMARK & INTELLECTUAL PROPERTY RIGHTS: Customer acknowledges that SLD is a licensee of all intellectual property associ-ated with SLD products, including all trademarks, copyrights, patents and trade secrets (the “Intellectual Property”). Customer obtains no rights to the Intellectual Property. Customer obtains no ownership or license rights to the trademarks, trade names, logos or designs (“Trademarks”) or copyrights except as specifically stated in these Terms and Conditions. Customer may not use the Trademarks, or any marks similar to the Trademarks, in any way without SLD’s express written consent.

RESTRICTIONS ON SALES/PURCHASES/ASSIGNMENT: Customer will not (a) sell, transfer or assign its right as an authorized SLD dealer without the express written consent of SLD; (b) sell or otherwise transfer or transship SLD goods to another retailer, distributor, or broker; or (c) purchase SLD products from any source other than SLD. Additionally, Customer may only resell SLD products (apparel, footwear and accessories) through the outlet location(s) specified in the Credit Application or subsequently approved in writing by SLD. Any other form of resale of SLD products other than as specified above shall be prohibited without the prior written approval of SLD. Such prohibitions shall include, but not limited to, the following: Customer may not resell SLD products (visible or encapsulated) through any electronic means (regardless of the medium and including the Internet), the mail, by catalog, or by phone. Such right, if granted, is limited to sales and de-liveries within the United States. Further, Customer may not advertise SLD products through any electronic means unless such advertisement directs purchase and fulfillment of SLD products specifically at the lo-cation(s) approved in the Credit Application or subsequently approved in writing by SLD. Violations of the aforementioned conditions may result in the immediate termination of Customer’s account and cancellation of existing orders. Further, if Customer opens or acquires additional retail outlet(s), Customer must notify and receive written approval from their sales representative before any additional or new outlet or franchise can be opened. SLD’s approval of a new outlet or franchise does not guarantee SLD approval of any other outlet or franchise location.No Transshipment/Diversion of Merchandise and No Sale of Counterfeit ProductTo enhance informed selection and promote product image, SLD only sells to selected retail outlets on the express condition that such outlets may not: (1) resell to any person or entity who is not also the final user or consumer or (2) sell or purchase any counterfeit SLD product. Accordingly, the resale, transshipment or any form of diversion of SLD product to anyone other than the final consumer and the sale or purchase of any counterfeit SLD product are expressly prohibited. Any such activity may subject the violator to termination of its account and/or cancellation of orders, and shall constitute a breach of the contract of sale for which SLD may seek the appropriate legal remedies, including money damages or injunctive relief.

TERMINATION: The SLD may, at any time and in its sole discretion, immediately terminate or suspend its relationship with Customer. Termination includes, but is not limited to cancelling or refusing to ship any orders placed by Customer and terminating Customer’s ability, if any, to purchase goods on credit or otherwise.

CLAIMS: All claims must be submitted to the SLD within thirty (30) days of the applicable invoice due date unless otherwise specified within this document or detailed on a separate binding agreement made by both parties. Any claims received after this date will not be considered.

LIMITED WARRANTY: SLD warrants that its products, at the time of shipment, are free from defects in workmanship and materials. THE WARRANTY DESCRIBED IN THIS SECTION SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. ALL GOODS PURCHASED PURSUANT UNDER THESE TERMS AND CONDITIONS ARE SOLD AS-IS. SLD HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE THAT MAY ARISE BY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Customer’s remedies are exclusively limited to replacement of or credit for any defective product (at the sole option of SLD) but such replacement or credit shall be made only if the Customer complies with the terms and conditions set forth herein on general returns and defective returns.

LIMITATION ON DAMAGES; STATUTE OF LIMITATIONS: SLD WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT, INTERRUPTION OF BUSINESS OR ANY OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED OR SUSTAINED BY CUSTOMER. Any action by Customer related to these Terms and Conditions, including for breach of contract, must be commenced within one year from the date of delivery of the goods.

SECURITY AGREEMENT: To secure payment and performance of all of Customer’s current and future obligations to SLD, Customer grants to SLD a security interest in all inventory and equipment that Customer has purchased or will at any time in the future purchase from SLD and in all accounts, other forms of receivables, documents, instruments, returns and general intangibles that are related in any way to such inventory and equipment. A copy of Customer’s credit application may be filed as a financing statement in which case Customer is the debtor and SLD is the secured party. If, in SLD’s judgment, Customer loses the financial ability to pay and perform all of Customer’s current and future obligations to SLD under these Terms and Conditions, then, upon de-mand by SLD, Customer will return all Collateral to SLD for disposition in accordance with the Uniform Commercial Code.

ENTIRE AGREEMENT: Customer’s credit application along with these Terms and Conditions contain the entire understanding between the parties. Customer acknowledges that there are no terms, conditions, warranties or representations from or by SLD other than those con-tained in the credit application and these Terms and Conditions.

MODIFICATIONS: No supplement, modification or amendment of Customer’s credit application or these Terms and Conditions will be binding unless executed in writing by an authorized representative of SLD. These Terms and Conditions are subject to change by SLD without prior notice.

CUSTOMER TERMS AND CONDITIONS: SLD rejects Customer terms and conditions, including those contained in purchase order confirma-tions, compliance guides, and routing and logistics guides, unless SLD specifically agrees to such terms in writing.

CUSTOMER ROUTING AND LOGISTIC REQUIREMENTS: SLD will not be bound to terms, directives or requirements set forth by Customer through routing and logistic guides unless SLD has agreed in writing to such terms, directives or requirements. In addition, Customer may incur charges for value added services, such as labeling, ticketing, and special packaging. Routing and logistics guides should be directed to the Compliance Department located at SLD’s Customer Satisfaction office in Indianapolis, Indiana.

SEVERABILITY; WAIVER; CONSTRUCTION: Any portion of these Terms and Conditions that are found to be unenforceable will not invalidate the remainder of these Terms and Conditions. Any delay in enforcing or any failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of any other or subsequent breach of these Terms and Conditions unless such waiver is in writing and signed by SLD. Caption headings are for convenience of reference only and will not affect the interpretation of these Terms and Conditions. Ambiguous terms will be construed without regard to authorship.

CONFIDENTIALITY: Except as required by law, Customer will not disclose SLD’s Confidential Information to any third party, directly or indirectly, without SLD’s prior, written consent. Confidential Information is described generally as any and all current and future product infor-mation, roadmap, technical or financial information and other business information including, but not limited to reports, plans, documents, drawings, machines, tools, models, patent disclosures, samples, and materials, and Request For Proposals that may be disclosed between the parties whether in written, oral, electronic, website-based, or other form, designated by SLD in writing as confidential. If Customer is required by any law or regulation, judicial or administrative process to disclose Confidential Information, Customer shall promptly notify SLD so that SLD has a reasonable opportunity to oppose such requirement or process. Customer shall promptly notify SLD of any actual or suspected misuse or unauthorized disclosure of the Confidential Information.

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 SLD’s reasonable control and if, as a result of such a delay, the goods ordered are unavailable, SLD may substitute comparable goods. Additionally, in the event of a freight strike beyond SLD’s control, SLD may ship goods via another carrier without being subject to any penalties.

ASSIGNMENT: SLD may assign this contract to a parent, subsidiary, or affiliated firm, or to another entity in connection with the merger, sale or transfer of all or substantially all of its business. Subject to these re-strictions, the provisions of the contract shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

COSTS AND ATTORNEY FEES; CHOICE OF LAW; CONSENT TO JU-RISDICTION: For collection matters: (1) Customer will pay such costs, collection agency commission, expenses and reasonable attorney fees (including, without limitation, at trial and on appeal) as SLD may incur in any manner of collection of any sums past due; (2) Oregon law (without resort to its choice of law provisions) will govern; and (3) Customer consents to the nonexclusive jurisdiction of and venue in any state or federal court located in the state of Oregon or South Carolina.

FOR ALL NON-COLLECTION MATTERS: (1) THESE TERMS AND CON-DITIONS SHALL BE GOVERNED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON AND (2) CUSTOMER CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF OREGON.

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