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TERMS AND CONDITIONS OF SALE

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CANCELLATIONS, CHANGES & RETURNS

Accepted only with prior written approval from Gallery of Tops.

No cancellations will be accepted if order is in process.

Any costs incurred by Seller prior to acceptance of cancellation will be invoiced.

Changes to orders (prior to production) will usually require an extra cost.

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PRODUCT & COLORS

Gallery of Tops cannot guarantee exact shade, color, size, texture, consistency in quality or construction of finished goods as they vary from lot to lot. Customer may check actual product prior to ordering if this is a concern or issue. Exact duplication of colors including PMS (pantone matching system) colors is not always possible, Gallery of Tops will always attempt to match the colors as closely as possible.

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TRADEMARKS

Customer assumes complete responsibility for artwork and warrants that they have the right to use the marks, symbols, or designs depicted in the artwork. Gallery of Tops soley relies on the customer’s representation that they are authorized to utilize any copy or marks and Customer holds Gallery of Tops harmless and will indemnify Gallery of Tops for any and all claims resulting from printing, embroidery or other embellishments performed for customer by Gallery of Tops.

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SHIPPING

Title to the goods shall pass to Customer upon delivery to customer or common freight carrier at the shipping point. Gallery of Tops is not responsible for delays, lost goods or damages caused by the freight carrier but will assist in tracking shipments. Shipping dates are estimated and not guaranteed. If you have a hard deadline or in-hands date, please verify this at the beginning of the order process with your sales representative.

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DELAYS

In the event Gallery of Tops shall be unable or fail at any time to make or supply the goods ordered due to any condition, contingency, delay, failure or cause beyond the control of the Gallery of Tops and whether or not any such contingency is presently occurring, Gallery of Tops SHALL NOT BE LIABLE TO BUYER FOR FAILURE TO SUPPLY DURING THE PERIOD AND TO THE EXTENT OF SUCH DISABILITY INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING PROFITS OR PROFITS LOST).

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LIMITATION OF LIABILITY

In no event shall Gallery of Tops be liable to Customer for any amount greater that the amount paid to Gallery of Tops to provide goods or services.

All transactions are subject to and governed by the laws of the State of Iowa.

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