Terms & Conditions
Legendary Holdings, LLC, the exclusive licensee of Thorogood for Workwear, as Vendor and You, the Undersigned, as Buyer.
The following Terms and Conditions shall govern all purchases of Thorogood Workwear from Legendary Holdings, LLC, Licensee of Thorogood workwear, by You, the undersigned.
Only the terms set forth in Your purchase order as to prices, sku, sizes, quantity set forth in the order acceptance issued by Legendary Holdings, LLC shall apply.
1. Purchaser Responsibility
You agree the Thorogood products You purchased are marketed and displayed in approved manners only as described in the Thorogood Workwear brand guidelines – attached. You agree that the Thorogood Workwear product will not be sold via online marketplaces such as Amazon, eBay, or Your direct online site without explicit written permission from Legendary Holdings, LLC.
2. Order Minimums
Purchaser opening orders require a minimum of $5,000. Reorder minimum is $500.
3. Risk of Loss
Title and risk of loss shall pass to Purchaser at the time of shipment from FOB. point.
4. Delivery & Acceptance
All product shipments are deemed accepted by the You upon five (5) business days of delivery to You, unless You have notified the Legendary Holdings, LLC Customer Service Department of defects, receipt of incorrect items and/or any short ships within these 5 (five) business days of delivery. You shall immediately file claims with the carrier when there is evidence of shipping damage.
5. Return Policy
All sales from Legendary Holdings, LLC are final, subject to adjustment for product defects in materials or workmanship approved by Legendary Holdings, LLC
6. Return Material Authorization Request Process
Purchasers wishing to request to return defective products must obtain a return authorization from Legendary Holdings, LLC, applying on the Legendary Holdings, LLC website for Thorogood Workwear at wholesale@thorogoodworkwear.com.
Legendary Holdings, LLC Customer Service will provide the Customer with a Return Material Authorization number or instruct you to destroy the product and provide evidence of destruction.
An approved Return Material Authorization RMA is valid for thirty (30) days, after which no credit will be given for the returned product. After the returned product is received and the Return Material Authorization has been approved, please allow up to 30 (thirty) business days from the date of receipt of the returned product for processing of the credit or refund.
7. Payment Terms
Approved payment terms will be stated on Legendary Holdings, LLC’s order acceptance.
Legendary Holdings, LLC offers the following payment options: Payment in Advance by Cashier’s Check, Your Check (on approval), VISA, MasterCard, American Express, Discover, ACH or Wire Transfer. Net payment terms are available on approved credit. Legendary Holdings, LLC reserves the right to preauthorize credit cards. To pay by company check, or net 30 (thirty) day terms, You must submit a credit application. Your sales representative is able to provide Credit Applications forms. Credit Application forms are also available by e-mailing Legendary Holdings, LLC at wholesale@thorogoodworkwear.com.
Credit applications are normally processed within 5 business days. New businesses may require longer. Legendary Holdings, LLC may insure Your accounts receivable. Approval of terms by insurance carriers are subject to frequent variance and no approved terms are guaranteed until date of shipment.
Invoices issue upon shipping. Invoices are payable within the terms established by Your order acceptance issued by Legendary Holdings, LLC.
Any invoice still due one day after the stated terms is considered past due. A 1.5% per month service charge will be added to all past due invoices. No additional credit will be extended to past due accounts unless satisfactory arrangements are made with the Legendary Holdings, LLC credit department. If a credit card is on file for a Purchaser, credit card payments will be processed within two (2) business days of shipment.
If Your payment is past due, You agree to pay all costs incurred by Legendary Holdings, LLC in attempting to collect Your past due payment including collection agency and attorney’s fees.
8. Special Handling
In the event You require re-ticketing hangers, re-boxing, etc. or other special services, before placing our order, please detail Your requirements in a request for a quote for special services. Otherwise, Your order will be shipped standard.
9. Intellectual Property
You shall not use Legendary Holdings, LLC or Thorogood’s intellectual property, whether tangible or intangible, including, but not limited to, Seller’s designs, descriptions, illustrations, artwork, photographs, layouts, trademarks or trade names (“Intellectual Property”), without Legendary Holdings, LLC prior written approval. No license or right to use Legendary Holdings, LLC or Thorogoods Intellectual Property is implied or granted herein.
10. Warranty and Limitation of Warranty
Legendary Holdings, LLC warrants only to replace defective product with conforming product.
Legendary Holdings, LLC disclaims, any warranty, guaranty or representation, express or implied, including, but not limited to, merchandise design, value condition, quality, durability, suitability, merchantability, fitness for a particular purpose, or express or implied warranties as to quality or correspondence with prior description or sample with exception of defects in materials and/or workmanship.
Legendary Holdings, LLC’s maximum liability to You is limited to the price of the defective merchandise sold to You. You agree Legendary Holdings, LLC shall not be liable for any consequential, incidental, special or punitive damages, including but not limited to any damages for lost profits or business opportunities or damage to reputation.
You agree that any alteration (including adding company logos) of flame resistant clothing voids any and all warranties, either expressed or implied.
If merchandise is purchased by way of a purchase order or similar document, that document is deemed to include this disclaimer of express and implied warranties, regardless of whether the purchase order or document is silent or contrary to this disclaimer.
11. Entire Agreement/Amendments/Assignment
This Agreement supersedes and replaces all prior agreements between Legendary Holdings, LLC, and You, and constitutes the entire agreement and understanding between the parties, concerning the sale and purchase of merchandise. This Agreement shall not be modified or amended orally, or by any course of dealing or trade usage, but only in writing executed by both parties, and shall not be assigned by You without the express written consent of Legendary Holdings, LLC. The terms and conditions of this Agreement shall be binding upon each party’s successors and assigns, as applicable. Legendary Holdings, LLC may, without the consent of You, assign its rights hereunder, including its rights to collect and receive payment of amounts due hereunder.
12. Governing Law, Venue and Jurisdiction
We mutually consent to the Courts of Gallatin County, Montana as the 146 exclusive venue and the law of the State Laws of Montana, without regard to Montana law of Conflicts, as the law to govern this Agreement.
13. Force Majeure – Product Shortage
If Legendary Holdings, LLC’s ability to deliver merchandise is impaired due to circumstances beyond Legendary Holdings, LLC’s reasonable control, by reason of fire, flood, government action, acts of God, wars, insurrections perils of the sea, accidents, labor disputes or shortages, or inability to obtain from its usual sources raw material, materials, (including energy), finished goods, equipment, or transportation, Legendary Holdings, LLC shall be excused without liability from making delivery to the extent of such impairments. If Legendary Holdings, LLC’s ability to deliver a product is reduced due to such circumstances, Legendary Holdings, LLC may reduce the contract quantity upon notice to You.
If lack of available product does not permit full shipment to You, Legendary Holdings, LLC, may allocate available product between customers.
14. Your consent to credit checks
You authorize Legendary Holdings, LLC and its agents to investigate Your credit history, bank references and any information deemed necessary to extend credit. You agree to immediately notify the Legendary Holdings, LLC credit department by e-mail of any change in Your ownership, form of business, or address, or the termination of any person’s authority to incur charges under Your account.