TERMS OF CONTRACT

Lionheart Sports Incorporated, “LHS”, sells the goods listed in the catalogue of its suppliers (“Goods”, which expression shall as the context admits refer to all or any of such Goods) exclusively upon the terms set out below (the “Terms”). The “Customer” shall refer to any person, firm, company or other organisation placing an order for any goods.  The placing of an order or acceptance of the goods is deemed to constitute an agreement to observe and be bound by the terms and any concession, latitude or wavier that may be or may have been allowed by the company at any time shall not prevent the Company subsequently exercising its full rights under the Terms.  “Time will not be the essence of the contract”. Part and late deliveries will not, therefore, be a justification for withholding payment in any case.

Delivery
·          All manufacturing times expressed as “lead times” are approximate dates.  The approximate “lead time” commences from the confirmation of the final proof of design by the customer.  For the purposes of sale “approximate” could extend to several weeks beyond prescribed delivery indication.

·          Specific guaranteed deadline requests for delivery of product could only be met if the customer does so request in writing prior to final proof confirmation.  Deadline requests made after final proof confirmation can only be met at the discretion of LHS.

·         LHS is not liable for third party error for delay or damage to goods.  LHS will use its reasonable endeavours to assist the Customer in making a claim against the carrier by showing that the relevant Goods were delivered to the carrier in sound condition provided that the Customer notifies the Company and the carrier of all relevant details in writing within 3 days of such delivery.  Failure to take action within such time will render such assistance by the Company entirely discretionary.

Design Proof

·          Upon agreement of final design proofs, by the customer, this is deemed as confirmation of intent to purchase.  Any divergence in design of the garment to the actual proof is not a justification to withhold payment.  It will be at the discretion of  LHS to offer a suitable remedy to the customer.
·          Alterations to the design proofs prior to final confirmation can affect the “lead time”.

·          Alterations to the designs after the final confirmation of proof are at the discretion of LHS.

·          All samples given to customers will remain the property of LHS. Return freight costs will be covered by the customer.

 
Pricing/Payment

·         Goods will be invoiced at the price ruling at the date of despatch.  All prices given by the LHS are “delivered mainland Canada” which includes cost of packing cases where applicable.  Carriage paid goods will be delivered to the customer by the cheapest reasonable method and route unless otherwise requested. The customer shall bear all additional costs invoiced by LHS in respect of any other agreed method of delivery.

·         Cleared payment for Goods is due in full within 30 days of the date of the invoice

·         All new customers shall pay appropriate deposits at the same time as confirmation of final proofs. Order confirmation cannot commence until appropriate deposits are received at LHS.