MEN’S CHEST WAIST INSEAM S 35" – 37" 29" – 31" 30.75" M 38" – 40" 32" – 34" 31" L 41" – 43" 34" – 36" 32" XL 44" – 46" 36" – 38" 34" 2XL 47" – 49" 38" – 40" 34" 3XL 50" – 53" 40" – 43" 34.75" WOMEN’S INSEAM BUST WAIST HIP XS (0/2) 30" 31" – 33" 22.5" – 25" 33" – 35" S (4-6) 30.5" 33.5" – 35" 25.5" – 27.5" 35.5" – 37.5" M (8-10) 31" 35.5" – 38" 28" – 30" 38" – 40.5" L (12-14) 31.5" 38.5" – 41" 30.5" – 33" 41" – 43.5" XL (16) 32" 41.5" – 44" 33.5" – 36" 44" – 46.5" 2XL (18) 32.5" 44.5" – 47.5" 36.5" – 39" 47" – 50" YOUTH S M L XL number 8-10 10-12 14-16 18-20 height 50" – 53" 54" – 59" 60" – 64" 64" – 68" weight 55 – 75 lb 76 – 95 lb 99 – 117 lb 118 – 138 lb GIRLS’ S M L XL number 7-8 10-12 14 16 height 50" – 53" 54" – 59" 58" – 60" 61" – 63" weight 53 – 69 lb 70 – 84 lb 85 – 99 lb 100 – 110 lb SIZING CHART
Pricing All prices are subject to change without notice. Orders will be invoiced at pricing prevailing at time of shipment. The amount refl ected in any adidas America, Inc. (“adidas”) invoice shall be deemed accepted and binding on Customer as an account stated. Partial shipment of an order shall not bind adidas to deliver the remainder of the order at the same prices. Orders All orders are subject to acceptance by adidas. Acceptance of orders is conditioned upon Customer’s acceptance of these Terms and Conditions of Sale. If the Terms and Conditions of this acknowledgement differ in any way from the Terms and Conditions of Customer’s order, this acknowledgement will be construed as a counter offer and will not be effective as an acceptance of Customer’s Terms and Conditions which confl ict herewith. The Terms and Conditions contained herein will be the <strong>com</strong>plete and exclusive statement of the terms of the agreement between the parties. Customer’s acceptance of the goods sold hereunder will manifest Customer’s assent to the Terms and Conditions hereof. No addition to or modifi cation of any of these Terms and Conditions will be effective unless made in writing and signed by an authorized representative of adidas. Orders with a total dealer cost of less than $100.00 will incur a service charge of $10.00. Back Orders Back orders are shipped FOB shipping point. Back orders will not be created for less than four (4) pieces. No Transshipment/Diversion of Merchandise To enhance informed selection and promote product image, adidas only sells to selected retail outlets on the express condition that such outlets may not resell to any person or entity who is not also the fi nal user or consumer. Accordingly, the resale transshipment or any form of diversion of adidas product to anyone other than the fi nal consumer is expressly prohibited. 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 adidas may seek the appropriate legal remedies, including money damages or injunctive relief. Terms of Sale All adidas products are sold FOB shipping point, unless approved in writing by adidas. Payment terms are net thirty (30) days from invoice date, unless otherwise specifi ed. Any amounts not paid within net terms are subject to a service charge of 11⁄2% per month or the maximum rate permitted by law, whichever is lower. No cash or prompt payment discounts will be allowed on any invoice paid past the invoice discount period. Loss/Damage in Transit adidas 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 Any shortages/overages in unopened cartons must be reported to adidas’ Credit Department in writing within thirty (30) days of the date of adidas’ invoice. All claims must be ac<strong>com</strong>panied by an invoice, carton identifi cation number and shipping order number and an itemization of all shortages/overages by product code, size, and quantity. Packing Errors Packing errors must be reported in writing within ten (10) days of receipt of shipment and must contain the carton identifi cation number. Adjustments can be made only if reported within ten (10) days to the adidas “Credit Department.” Cancellations Orders may be canceled by the Purchaser only upon written notifi cation to and written authorization by adidas. Orders may not be canceled within 45 days of the scheduled shipment date. Approved cancellations may affect volume discounts. All cancellations are subject to a restocking and/or reprocessing fee. General Returns Policy All returns must be pre-approved by adidas’ Returns Department. Requests for approval of returns must be received in writing by the Returns Department within thirty (30) days of the invoice date. Customer ac<strong>com</strong>modations and refused shipments may be subject to a fi fteen 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 adidas stock. All returns must be ac<strong>com</strong>panied by a Return Authorization Form, available from 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 ac<strong>com</strong>panied 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. Defective Returns Policy Whether product is defective will be determined in adidas’ sole discretion. Freight allowance will be given upon receipt of a freight bill. Customer’s Covenants Customer agrees to (a) render prompt, effective and courteous service with respect to the sale of adidas goods, including all services to which a retail customer of adidas goods is entitled; (b) vigorously and aggressively encourage the retail sale of adidas goods; (c) maintain the minimum sales volume established by adidas from time to time; (d) establish and maintain, independently and in conjunction with adidas, advertising and marketing policies and methods that emphasize the high-quality characteristics of adidas goods; (e) provide clean, modern and adequate retail outlet(s) necessary for proper merchandising and selling of adidas goods; (f) attend presentations conducted by adidas sales representatives for the purpose of acquiring knowledge about the technical aspects of adidas products; and (g) notify adidas’ 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 fi led by Customer. Restrictions on Sales/Purchases/Assignment Customer will not (a) sell, transfer or assign its right as an authorized adidas dealer without the express written consent of adidas; (b) sell or otherwise transfer or transship adidas goods to another retailer, distributor, or broker; or (c) purchase adidas products from any source other than adidas. Additionally, Customer may only resell adidas products (apparel, footwear and accessories) through the outlet locations(s) specifi ed in the Credit Application or subsequently approved in writing by adidas. Any other form of resale of adidas products other than as specifi ed above shall be prohibited without the prior written approval of adidas. Such prohibitions shall include, but not be limited to, the following: Customer may not resell adidas products (visible or encapsulated) through the mail, by catalog, by phone or through the use of any <strong>com</strong>puter network, the Internet, the World Wide Web, or any other electronic means (regardless of the medium). Such right, if granted, is limited to sales and deliveries within the United States. Further, Customer may not advertise adidas products over the Internet unless such advertisement directs purchase and fulfi llment of adidas products specifi cally at the location(s) approved in the Credit Application or subsequently approved in writing by adidas. Violation 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. adidas’ approval of a new outlet or franchise does not guarantee adidas’ approval of any other outlet or franchise location. © 2012 adidas America, Inc. adidas, the Trefoil, and the 3-Stripes mark are registered trademarks of the adidas Group. The following trademarks are owned by the adidas group or adidas International BV: adiDRY ® , adiFIT ® , adiLETTE ® , adiPRENE ® , adiPRENE ® ⊕, adiSTAR ® , adiTUFF , adiWEAR ® , Circular 4-Spike Technology, CLIMACOOL ® , CLIMALITE ® , CLIMAPROOF ® , CLIMAWARM, FitWedge, Point of Defl ection, Predator ® , RESPONSE, Samba ® , Spider Tongue Lacing System, Streetball ® , Tango ® , The Brand with the 3-Stripes ® , TORSION ® , TRAXION, Tubular Technology ® . The following marks are trademarks of their respective owners, not the adidas group: CoolMax ® , Delfi ® , Dryline ® , Gore-Tex ® , LightStrike, Lycra ® , Microfeel ® , Neumann ® , Nylex, Pebax ® , Phaseable, Spandex ® , Supplex ® , Sympatex ® , 3M ® , Tefl on ® , VISA ® fi nish. Security Agreement To secure payment and performance of all of Customer’s current and future obligations to adidas, Customer grants to adidas a security interest in all inventory and equipment that Customer has purchased or will at any time in the future purchase from adidas 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 fi led as a fi nancing statement in which case Customer is the debtor and adidas is the secured party. Limitation on Damages; Statute of Limitation adidas 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 for breach of contract must be <strong>com</strong>menced within one year from the date of delivery of the goods. 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 other than those contained in the credit application and these Terms and Conditions. Modifi cations No supplement, modifi cation or amendment of Customer’s credit application or these Terms and Conditions will be binding unless executed in writing by adidas. Termination adidas may immediately terminate Customer’s ability, if any, to purchase goods on credit or otherwise at any time in adidas’ sole discretion. This includes, but is not limited to, adidas’ ability to terminate or refuse to ship orders placed by Customer. 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 adidas. 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. Costs and Attorney Fees; Choice of Law; Consent to Jurisdiction Customer will pay such costs, collection agency <strong>com</strong>mission, expenses and reasonable attorney fees (including, without limitation, at trial and on appeal) as adidas may incur in any manner of collection of any sums past due. Oregon law (without resort to its choice of law provisions) and the law of the Ninth Circuit will govern. Customer consents to the nonexclusive jurisdiction of and venue in any state of federal court located in the state of Oregon or South Carolina. This means that adidas can fi le suit against Customer in any court located within the state of Oregon or South Carolina. Force Majeure If a delivery date is specifi ed, that date will be extended to the extent that delivery is delayed by reason of fi re, fl ood, war, riot, strike, natural disaster, or any other event beyond adidas’ reasonable control and if, as a result of such a delay, the goods ordered are unavailable, adidas may substitute <strong>com</strong>parable goods. Additionally, in the event of a freight strike beyond adidas’ control, adidas may ship goods via another carrier without being subject to any penalties. Effective January 1, 2012. Customer Service 1-800-4-adidas adidas, the Trefoil, and the 3-Stripes mark are registered trademarks of the adidas Group. © 2012 adidas-America. Printed in USA.
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