Vendor Manual August 2017 Dear Vendor Partner, This manual is in response to many requests we’ve received regarding how best to work with Universal Direct. Many of the requirements and policies outlined are dictated not by us, but by State and Federal law. Following these procedures is in the best interest of all parties. NEW VENDORS: Please sign and return pages 3 and 5 after reviewing this document. We also need your certificate of insurance as outlined on page 4. You can email to [email protected]or mail to: Universal Direct Fulfillment 5581 Hudson Industrial Parkway Hudson, OH 44236 Attn Purchasing Dept CURRENT VENDORS: If we already have the signed documents on file for your company we still need your annual Insurance certificate as noted on page 4. Documents can be emailed to [email protected]or mailed to: Universal Direct Fulfillment 5581 Hudson Industrial Parkway Hudson, OH 44236 Attn: Purchasing Dept.
Transcript
Vendor Manual
August 2017 Dear Vendor Partner,
This manual is in response to many requests we’ve received regarding how best to work
with Universal Direct. Many of the requirements and policies outlined are dictated not
by us, but by State and Federal law. Following these procedures is in the best interest
of all parties.
NEW VENDORS:
Please sign and return pages 3 and 5 after reviewing this document.
We also need your certificate of insurance as outlined on page 4.
Once a product has been selected to appear in a catalog a product sheet will be sent.
The product sheet must be thoroughly completed and returned in a timely manner. Note that
the required signature sheets and insurance certificates requested in this document must
arrive to us before an order can be submitted. Prices and availability are expected to be
guaranteed for 1 year.
ADDITIONAL INFORMATION NEEDED FOR APPAREL
Spec sheets for clothing must include all sizes and styles available
Sampled color name/color code
Material content, care and washing instructions
All product sheets must include a completed lead information sheet such as the one
below:
We must be assured that our customers receive quality merchandise made to exacting U.S. standards and according to good manufacturing practices.
Recently, issues of unsafe lead content in products from China have been widely reported and we have become aware that some products imported from China were produced with paint, materials and finishes contaminated with lead.
These products included personal care items such as toothpaste and eye shadow and toys, glazed pottery and jewelry products.
While we are confident that none of our suppliers have produced or sold products to Universal Screen Arts, Inc. that contain lead, we ask for your assurance on this matter.
If you know of any product containing lead in amounts greater than 600 parts per million (600 ppm), or more than 0.06% lead to say it another way, as stipulated by the Consumer Product Safety Commission, that has been produced, sold or otherwise distributed to Universal Screen Arts, Inc., we ask you to identify those products to us, including any products now in production or in transit. We will return any items in our possession or in transit to you and request a full refund for cost of goods and any expenses. Any items in production, on order or unshipped will be cancelled for a full refund and expenses. An exception will be leaded crystal items, which may contain up to 24% lead, but such items must be marked with the Proposition 65 warning label. Any jewelry or decorative items that are “pewter” must be made from lead-free pewter.
Please acknowledge your acceptance of this query below where indicated and return to us.
Thank you for your support and cooperation in this matter.
Please sign and return with Page 3 signature sheet.
I acknowledge receipt of this request and certify to Universal Screen Arts, Inc. that none of the products supplied by our company contain unsafe levels of lead.
Company:
Print Name & Title:
Signature: Date _______________
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PURCHASE ORDER GUIDELINES
All merchandise must be delivered in-house by DATE REQUIRED on any P.O. Any
delivery extensions must be requested via e-mail or phone to the contact listed on
the P.O. Approval will be communicated via returned phone, or e-mail if accepted.
UDFC reserves the right to cancel or adjust any PO which arrives after Date Required
without pre-approval of delivery extension.
Failure to meet delivery requirements may result in a 5% deduction off invoice for
the value of the late merchandise for each week beyond the agreed upon ship date.
Purchase Order information on delivery dates and prices are binding, unless
communicated and authorized via fax, phone or e-mail.
Purchase Orders must be acknowledged within 48 hrs by return fax or phone.
Purchase Orders must be confirmed to purchasing agent listed on the bottom of
the P.O.
Purchase Orders will be sent via email.
All P.O.’s shipped to UDFC must be individually bagged or boxed and labeled with
the UDFC item number and size as negotiated. Otherwise, a charge back for in-house
prep will be issued, or the merchandise returned.
Two shipments are acceptable per P.O. Shipping expenses will not be paid on
balances after the first shipment. Partial shipments must be approved by the
Purchasing Department. If partial shipments are approved, please invoice only for the
quantity shipped.
Backorders are NOT to be cancelled unless authorized by the Purchasing
Department.
No substitutions will be accepted without prior authorization from the Purchasing
Department.
Purchase Order acceptance is a binding contract, with legal ramifications if not
adhered to.
All duplicate shipments will require a UPS, Fed Ex or truck Call Tag at the expense
of the vendor. UDFC is not responsible for duplicate shipments. A deduction for
shipping will be taken off the invoice for vendors who do not provide a call tag or
other method to return product.
Any unwanted goods delivered in excess of the P.O. or before the delivery date may
be returned at the vendor’s expense and charge back fees will be incurred for
handling and storage costs.
We reserve the right to keep an over shipment if we deem the goods are needed.
The vendor will not make any changes to the P.O. unless done with the
Purchasing Department’s written instructions/approval.
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DROP SHIP VENDOR PROCEDURES
UDFC will send a cover sheet providing the number of orders in the packet and an
original packing slip for each actual order. Do not use this label for shipping
purposes, as the tracking information will not be valid when shipping from your
location. Orders can be sent via electronic file. E-mail [email protected] for
information on this service. Treat the main body of the order as a packing slip; put it
into the carton so the customer has a record of what was ordered.
Please check each packing slip carefully for QUANTITIES ORDERED.
You MUST provide confirmation of shipment, as invoices will not be paid until
we know the merchandise has been shipped. Please email [email protected] or
fax this notification to 1-330-650-5137. The email address can be built directly into
your carrier system for automatic notification.
When invoicing, please reference our order number and customer name from the
packing list, or send a photocopy of each order. Itemize the following on each
invoice: catalog name, item cost, drop ship fee and actual freight charges unless item
is shipped third party. No more than 10 orders per invoice will be accepted.
Unless otherwise authorized, each shipment must ship via a minimum traceable
ground carrier service or use the previously agreed upon shipper. (Larger items may
be shipped via truck. You will be contacted concerning that special service.)
Drop Ship vendor may not include any materials or vendor contact information
(including websites, vendor name, address, phone, etc.) without prior written
approval from Merchandise Buyer.
Collection, retention or use of any customer information is strictly forbidden
beyond what is required to fulfill the drop ship order. We will protect our
customer’s privacy and our interests to the full extent of the law.
FYI: If the shipment is a gift order, our shipping label will indicate the different “ship
to” address and the packing slip you receive will not show retail prices.
CREDIT AND BILLING FOR DROP SHIP
Invoices should cover no more than 10 orders and include:
1. Customer Name
2. UDFC Order Number
3. UDFC Item Number
4. Drop Ship Fee (if any)
5. Shipping Costs (unless shipped 3rd party)
6. Credit Memos for goods not being replaced should include shipping charges.
In the event that an item is lost, damaged, or defective upon arrival a no charge
invoice must be forwarded for the replacement order.
In the event a no charge replacement cannot be sent the new invoice will be held
pending receipt of a credit memo for the original amount.
Replacement orders are issued if the error was ours: if you require a new order
number to resend - use the original number and replace the letter with the letter “Z.”
(This indicates the order is a replacement and is processed accordingly.)
We expect all credits to be processed in a timely fashion and credit memos to be received at
Merchandise of poor or inferior quality WILL NOT be received.
Style changes or substitutions WILL NOT be accepted, unless pre-authorized.
Defective and inferior merchandise cost will be deducted from the invoice and the
vendor will be notified.
All products requiring preparation for sale (see Purchase Order guidelines) without
advance agreement will be subject to a minimum labor fee for the first hour, and a fee
for each additional hour as noted in our charge back schedule($25/hour).
Due to the cost of processing paperwork and shipping, all merchandise failing our
quality inspection under the cost value of $50.00 cost WILL NOT be returned.
Product totaling $50.00 or more will be returned at vendor’s request and expense.
Please note on invoices if a return authorization is required when returning product.
Short shipments discovered upon receipt are subject to equal deductions off invoice.
Vendor will be notified.
The following guidelines are required when shipping the products listed below:
Jewelry must be hypoallergenic. Please include anti-tarnish strips in each
individually bagged piece of jewelry. Watches must have written warranties and
clear instructions for changing the battery. To increase battery life of watches, battery
life strips must be inserted to deactivate the time function.
Apparel must have sewn in labels showing all information required by law such as
care, fabric content, country of origin, and size. All apparel is to be shipped flat in
individual poly bags without hangers unless otherwise requested. Sizes and styles
must be segregated in individual master cartons.
Electrical items must be UL Listed and properly labeled. Operating instructions or
directions are to be included for all items requiring them, such as radios, games, or
items needing some type of assembly.
Food items must be sealed and have all information required by law including
ingredients and nutritional information listed on the package. The expiration or fresh
date must be clearly marked on each package.
Furniture pieces must be packaged to ensure that the package can withstand shipping
to its final destination, our customer. Sufficient packaging around all surfaces is
required. Product packaging must pass the industry standard drop test. Products
intended for decorative use only must include labeling stating this fact. If required
include assembly instructions.
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Lamps are to be packaged in the same cartons as the shades whenever possible. If
lamps and shades must be packaged in two cartons, written approval must be received
from the buyer. All lamps must have attached label specifying bulb wattage
limitations.
Children’s Jewelry, Items, and Toys must pass all U.S. Consumer Product Safety
regulations. We must be made aware of any age limitations (i.e. ages 3 and up).
Sleepwear must pass all standards for flammability.
Avoid a costly Lawsuit - Familiarize yourself with the California Proposition 65
and how it affects your products!
For more information on Prop 65, visit: http://www.oehha.ca.gov/
The following article is a reprint that points out the complexity of the Prop 65 law. The
scope of products falling under Prop 65 has increased in the past several years and we
encourage our vendors to be diligent. Manufacturers are ultimately responsible for
paying penalties.
Proposition 65: A Deceptively Simple Law With Costly Consequences December 2011 By Cordon T. Baesel
The relentless pursuit by the California plaintiffs’ bar of Proposition 65 claims against companies doing business in the state has all the makings of a reality television show.
Prop. 65 – the deceptively simple law requiring warning signs if products or environments expose
individuals to toxic chemicals – has resulted in more than 2,200 settlements and more than $125 million in damages paid in the last decade alone. Almost 70 percent of that amount – $86 million –
has gone to attorney fees. For companies who lack a thorough understanding of the law and its defenses, a Prop. 65 settlement
can end up being a cost of doing business in the state. If your company's items are sold in California,
you need to know about this litigation reality. WHY IS PROP. 65 PROBLEMATIC?
Formally known as The Safe Drinking Water and Toxic Enforcement Act, Prop. 65 is a seemingly straight-forward statute, authored by several well-known environmental defense groups. The thrust
of the statute is to require a specific warning of potential exposure to harmful chemicals. Codified in California Health and Safety Code section 25249.6, it provides:
No person in the course of doing business shall knowingly and intentionally expose any individual to a
chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in
Section 25249.10. On its face, it is reasonable to expect manufacturers to abide by this statute. Where the problem
arises is that Prop. 65 applies regardless of the amount of the chemical in a product emission or
workplace exposure. Even minute or trace amounts will arguably trigger the warning requirement – even if there is virtually no risk of cancer or reproductive harm from the exposure.
Most Prop. 65 compliance problems arise because targeted products or business operations are not intended to cause exposures to the listed carcinogens or reproductive toxicants. Ongoing
advancements in chemical detection methodologies provide the plaintiffs’ bar with data that supports
claims of alleged exposures to detectible levels of Prop. 65 listed chemicals.
Products and chemicals that have been the target of Prop. 65 litigation include: French fries and potato chips (acrylamide); belts and shoes (lead compounds); secondhand tobacco smoke (numerous
carcinogens); wood dust (carcinogen); shampoo (1,4 dioxane) and railroad ties (creosote). Prop. 65 regulations provide specific guidance on what warning language to use, and how to warn
different classes of individuals that may be exposed to a listed chemical(s). The warning language for
a consumer product should basically read as follows: WARNING: This product contains a chemical known to the State of california to cause
cancer, birth defects or other reproductive harm. (27 cal. code of regs. § 25603.2.)
WELCOME TO THE PLAINTIFFS' PROP. 65 REALITY SHOW: PRIVATE ENFORCEMENT FOR ALL
With their environmental defense background, the authors of Prop. 65 added one critical wrinkle
rendering it a highly effective tool for plaintiffs’ attorneys: A Private Enforcement Right. Private individuals or environmental groups are entitled to bring Prop. 65 enforcement actions if they
determine a listed chemical is present in the product or exposure scenario at issue1. Actions to enforce Prop. 65 “may be brought by the Attorney General in the name of the People of the State of
California, by any district attorney, or any city attorney of a city having a population in excess of
750,000.” (Id., § 25249.7, subd.(c).) Private parties may enforce Prop. 65 “in the public interest,” but only after providing written notice of alleged violation to the alleged violator, the Attorney General,
and every District Attorney in whose jurisdiction the alleged violation occurs. If no public prosecutors commence enforcement within sixty (60) days, then the private party may sue. (Id., § 25249.7(d).)
In practice, the Attorney General’s office and district and city attorneys invariably choose not to bring an enforcement action unless the notice clearly indicates there is a real public health risk or threat. In
virtually all Prop. 65 enforcement actions, the private enforcer will bring its own lawsuit and enforce
its own interpretation of Prop. 65 requirements. Plaintiffs’ attorneys and environmental groups have tested thousands of California products and
environmental conditions to support their alleged exposure scenarios, oftentimes discovering trace amounts of Prop. 65 chemicals that arguably trigger a warning. Not surprisingly, private enforcement
will then occur if no Prop. 65 warning is provided. After almost 25 years of litigation under Prop. 65,
it is (painfully) apparent that many products and workplaces contain trace amounts of listed chemicals. Because of the technical defense issues, and the uncertainty associated with chemical and
toxicological assessments of assumed exposures to listed chemicals, virtually all Prop. 65 litigation results in settlements2.
Consequently, thousands and thousands of lawsuits have been filed and settled under Prop. 65 since
its passage. Plaintiffs’ attorneys and environmental organizations are thus compensated for penalties and attorneys’ fees to the tune of hundreds of millions of dollars.
HOW CAN I ESCAPE THE PROP. 65 SHOW? If your business is the target of a Prop. 65 enforcement action, the most sound legal advice is usually
negotiation of an early settlement. The settlement will include monetary payment(s) and normally involves inclusion of a Prop. 65 warning or an enforceable reformulation of a product’s chemical
composition. This scenario has too often been a “cost of doing business” in California for over two
decades. Despite the predilection to settle Prop. 65 claims early, strategic evaluation of the legal and technical
aspects of a Prop. 65 claim can lead to different results. For example, Prop. 65 requires warnings only if exposures are “knowingly” and “intentionally” caused by the product or business activity. (Ca.
Health & Safety Code, § 25249.6.) “Intentionally” is not defined by Prop. 65 regulations. There are
thus potential defenses in the event an exposure takes place in a manner that is not “reasonably foreseeable” to the business (i.e., not intended). (27 Cal. Code of Regs. §§ 25602(b)-(c).) On the
other hand, “knowingly” is defined in a broad manner by Prop. 65 regulations to mean: …knowledge of the fact that a discharge of, release of, or exposure to a chemical listed pursuant to
Section 25249.8(a) of the [Prop. 65] Act is occurring. No knowledge that the discharge, release or exposure is unlawful is required. (Id. at § 25102 (n).)
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A successful “knowingly” defense will require some unique facts, given the somewhat relaxed Prop.
65 scienter requirement. Notwithstanding these factual and legal complexities, initial evaluation of a Prop. 65 enforcement action should include strategic analysis of a defendant’s intent, knowledge or
both. Prop. 65 is not a strict liability statute; strong facts, coupled with legal argument, can help a business defend itself from inclusion in the Prop. 65 reality show3.
Successful defense (or reasonable resolution) of Prop. 65 litigation should also include sound
technical evaluation, with a strong analysis of the complex Prop. 65 human health risk assessment regulations. In addition to technical defense details, there are Federal preemption issues, workplace
and OSHA defenses, challenges to the adequacy of pre-lawsuit notices from plaintiffs, identification of average consumer product uses and many other aspects of alleged chemical exposures under Prop.
65 regulations4. Successfully litigating Prop. 65 thus requires a defense team that includes seasoned environmental consultants, excellent analytical laboratories and environmental counsel that
understand the variables and uncertainties of Prop. 65 and its chemical exposure and risk assessment
details. THE SUCCESSFUL PROP. 65 "DEFENSE" IS DON'T GET SUED
Notwithstanding potential defenses, very few Prop. 65 cases go to trial due to the litigation costs and the potential for scientific uncertainty (i.e., disagreement) over the actual toxicity posed by alleged
environmental exposures or the assumed usage of products targeted for enforcement. Consequently,
the best “defense” under Prop. 65 is to develop a sound statutory Compliance program. This strategy generally focuses on sourcing consumer products and confidentially testing them to ensure
compliance with Prop. 65, or assessing workplace risks and other environmental exposure scenarios to determine if a warning could shield a company from private enforcement. The most appropriate
defense strategy depends on the interplay of the scientific, regulatory and usage details of a particular product or exposure scenario. Even in compliance or counseling situations, a sound
strategy should include input from environmental litigators that have vigorously defended and tried
Prop. 65 enforcement actions. With the right counsel, your business can avoid being the star of California’s Proposition 65 Reality
Show. There are far better ways to spend time and money when doing business in California. SIDEBAR > PROP. 65 CHEMICAL LIST
Over 700 different chemicals are identified, or “listed” by California, as being subject to Prop. 65’s
prohibitions. The Prop. 65 chemical list can be accessed here: http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html. An entity “violating” the statute may be
enjoined. Violators are liable for civil penalties of up to $2,500 per day for each violation.
1 Prop. 65 is not a class action or other type of suit involving a class or numerous plaintiffs. It is only provides for citizen enforcement of an environmental statute. 2 Luce Forward and the author have successfully defended Prop. 65 claims at trial and received judgment in favor of defendants, but resolution through trial is the exception. 3 Unlike certain California product liability tenets, Prop. 65 warning requirements will apply to businesses that expose anyone to a listed Prop. 65 chemical, even if the exposed individual is a
“sophisticated user” of the product or chemical, and should have known of the potential for human
exposure. (See Johnson v. American Standard, Inc. (2008) 43 Cal.4th 56, 74.) 4 The Prop. 65 regulations are complex and ever-changing, as the California Office of Environmental
Health Hazard Assessment is continually adopting and amending them in an ongoing manner. The latest regulatory updates can be found here: http://www.oehha.ca.gov/prop65.html
If your shipment is 300 lbs or greater, or is palletized, contact: GTS (Group
Transportation Services) at 800-689-6255
If your shipment is less than 300 pounds please ship:
3rd Party FedEx GROUND account number will appear on our purchase orders
Or contact us at 330 650 5000 x 311.
Our Receiving warehouse location:
Universal Direct Fulfillment
6279 Hudson Crossing Pkwy Suite 100 **
Hudson, OH 44236
* Non-compliance with the above will result in a chargeback
** Please update your files to include our Suite Number
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Advance Shipment Notification (ASN) Universal Direct Fulfillment
Timely processing of your shipment is very important to us at UDFC and you can help us in that effort. We can process your shipment more efficiently if you notify us of your shipment in advance.
Ship To: Universal Direct Fulfillment Email To: [email protected] 6279 Hudson Crossing Parkway
Suite 100 Hudson, OH 44236 PO#__________________ Vendor ______________________ Carrier: ______________________________ Tracking or Pro Number: _____________________________________________________ UDFC Style Number Vendor Style Number Total Units Units Per Carton Email the completed form to [email protected] UDFC Internal Use – RC# _____________________
