Buyer(s) consent to the following Terms and Conditions:
Buyer(s) consent to the following Terms and Conditions: HK Trading (herein after "Ever Hottie LLC" and/or "Seller") acceptance of Buyer's orders is expressly made conditional on Buyer's
assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the
terms and conditions set forth on this credit/buyers’ application order confirmation and/or
invoice supersede the terms and conditions of the Buyer's purchase order(s) and will govern all
transaction between the Buyer and the Seller. These terms and conditions also apply to all future
transaction unless modified in writing signed by all parties. Seller specifically rejects any terms
or provisions which set any standards, specifications or damages related to quality and time
of delivery or which contradict or purportedly claim to supersede these terms and conditions.
Buyer's acceptance of goods delivered by Seller in conjunction with this invoice, credit/buyer
application, or order confirmation is an acknowledgement by Buyer of its acceptance of these
terms and conditions.
Notice of Defects/Returns:
The Buyer must make any claims of defects, including but not limited to those related to
shortages, quality, or specification, within the first 7 days after the receipt of merchandise. The
Seller cannot be responsible for shortages when shipments are directed to a third party. It is the
responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches its order.
Modification of Goods:
Once merchandise is printed, garment dyed, washed or altered in anyway, the Buyer cannot
return or make a claim relating to such merchandise. Garments modified by the Buyer, or
modified by seller at the request of Buyer, may not be returned, Seller may agree, as an
accommodation to Buyer, to purchase these items. Should seller make this accommodation,
Buyer authorizes Seller to sell such garments and warrants that it has the right to sell such goods
to Seller and releases and indemnifies seller from any liability related to labels, marks, designs or
other intellectual property rights in anyway related to the sale or distributions of these goods.
It is the responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches
its order. A written authorization from the seller must be obtained by the Buyer for any returned
merchandise. All returns must be made within 7 days of receipt of goods. The Seller will charge
the Buyer a 25% restocking fee with a $ 5.00 minimum charge for any returned merchandise.
Buyer authorizes seller to sell any garments with Buyer's label, mark, custom, design or print
that have been returned, rejected, or abandoned.
Acceptance of goods with Known Defects Waives Claims for Damages:
Buyer must notify Seller in writing of all claims for damages resulting from late delivery or any
other defect that is known to Buyer at the time Buyer accepts the merchandise. Buyer hereby
waives any claim for damages resulting from any defect Buyer is aware of, including late
delivery, at the time Buyer accepts the merchandise.
It is understood that should the Buyer become Delinquent in payment, no further credit will
be Extended and the Seller will charge the Buyer a past due service charge at the rate of 1 ½%
per month (18% per annum), collection agency fees in the amount of 30%, and/or reasonable
attorney's fees, and all other costs and expenses which may be incurred by the Seller in the
enforcement of the terms and conditions set forth on this invoice, credit application, and/order
confirmation. Any returned checks will be charged back to the Buyer, and a $50 handling
fee will be charged to the Buyer. If the Buyer's account is insured and the Buyer's account is
turned over to a receivable insurance company for a claim, Seller can also charge the client
an additional 30% of the principal amount due which is in default. It is understood that these
charges are a reasonable estimation of the damages Seller will incur upon Buyer's default.
Any transactions between the Buyer and the Seller are governed by the laws of California. To
the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby
consent to the jurisdiction of the courts of Los Angeles County, California, for any claims or
controversies arising in the sale of garments by the Seller to the Buyer. The Seller also reserves
the right to sue the Buyer or its Guarantor in the province or state of its domicile. However, the
foregoing shall not in any way diminish or limit the arbitration provisions set forth below.
EXCLUSION OF IMPLIED WARRANTIES:
THE BUYER RECOGNIZES THAT IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES
IMPLIED ARE EXCLUDED FROM ANY TRANSACTION BETWEEN BUYER AND
SELLER AND SHALL NOT APPLY TO THE GOODS SOLD BY SELLER. SELLER SHALL
ALSO NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES.
Buyer acknowledges that Seller has no responsibility for any work performed by any vendor
referred by Buyer and hereby waives any right to assert any claim against Seller for work
performed by any other firm, including but not limited to claims for negligent referral, agency, or
Deterioration of Buyer's Credit:
The Seller has the right, in addition to other Remedies provided by law, to terminate any
delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for
anyone shipment when the same becomes due. Should the Buyer's financial condition become
unsatisfactory to the Seller, the Seller may require cash payments or satisfactory securities for
delivery of goods.
In consideration of such credit extended and/or to be extended by Ever Hottie in its discretion to
Buyer, or the release of goods paid by credit card or check, the individual(s) signing this invoice,
credit/buyer application, other confirmation, or delivery receipt or check or credit slip (who, if
more than one, shall be jointly and severally bound) hereby unconditionally guarantee(s) to HK
Trading and its successors, endorsees, and assigns the punctual payment when due, with such
interest as may accrue thereon either before or after any maturity(ies) thereof, of all debts and
obligations of Buyer and any other party or parties, now existing or hereafter arising, as well as
the performance and observance by Buyer of the terms, conditions, stipulations, and agreements
of Buyer contained in this invoice, credit application, and/or order confirmation of HK Trading.
This Guaranty will be continuing and irrevocable guaranty and indemnity for such indebtedness
of Buyer. The undersigned do(es) hereby waive notice of acceptance of this Guaranty, notice of
the occurrence of any default, presentments, demands, protests, and notices of any and all action
at any time taken or omitted by Buyer regarding its indebtedness to HK Trading. The signer
consent(s) to any modification or renewal of the credit hereby guaranteed. This guaranty shall
bind the executors, administrators, and assigns of the undersigned and shall remain in force and
effect unless and until canceled by written notice sent to Seller by registered mail, in which case
it shall then be binding as to any balances still owing and outstanding as of the date of Seller
receipt of such registered notice. This Guaranty also gives Ever Hottie the right to investigate
credit from time to time of both Buyer and the Personal Guarantor(s), if deemed necessary by
This is a business to business online market place. The buyer agrees that the company they
represent is a valid sellers’ permit and has entered in their valid seller’s permit ID number in
their information when purchasing products. Ever Hottie will only sell to buyers who show a
proof that they have a seller’s permit.
Agreement and Acknowledgement:
Buyer(s) have carefully read and agree to these Terms and Conditions. Buyer authorizes HK
Trading to verify the credit of the Company and/or the individual(s) whose signature(s) appears
on this or the other documents specified above. Buyer and Guarantor(s) authorize its bank(s)
and/or business references to release credit information of Buyer and for Guarantor(s) as
requested by Everh Hottie. If any term, provision, covenant or condition of this agreement is held
by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the
remaining terms and provisions of this agreement will remain in full force and effect and shall in
no way be affected, impaired, or invalidated.
EVER HOTTIE LLC
1841 E 50th St, Suit #A
Los Angeles, CA 90058