Terms and Conditions

ALL ORDERS FOR HEATLAB PRODUCTS CONSTITUTE ACCEPTANCE OF
THE FOLLOWING TERMS AND CONDITIONS (Effective March 1, 2010)
SALES TERMS

1. COD upon approval
2. Visa, and MasterCard accepted.
3. A $5.00 service charge will be added to drop shipment.
4. Payment delinquency will result in the refusal of orders.
5. Any special discounts, prices or policies that deviate form those shown herein must be approved in writing from HeatLab representatives.
6. Buyer Incentive Program (discounts for “Pre-book” and “Pre-pay” orders only):
1. Spring/Summer “Pre-book” Orders:
1. $1,000 pre-book: 2% discount
2. $2,000 pre-book: 4% discount
3. $3,000 pre-book: 6% discount
2. Fall/Winter “Pre-book” Orders:
1. $1,500 pre-book: 2% discount
2. $2,500 pre-book: 4% discount
3. $3,500 pre-book: 6% discount
7. Order date is determined by postmark date or date the order is received by HeatLab or its representative.
8. Adjustments to pre-season orders must be made (30) days in advance of ship date.
9. HeatLab reserves the right to ship up to (20) days prior to the requested ship date.
10. HeatLab will cancel back orders of more than (60) days unless advised otherwise by the dealer.
11. All shipments to stores within the state of Hawaii will be charged ½% excise tax.
12. All prices are subject to change without notice.

PAYMENT AND PAST DUE ACCOUNTS

1. Please remit to HeatLab, Inc, P.O. Box 232058, Encinitas, CA 92023.
2. When making payment to Issel Inc, please adhere to the following guidelines;

                  -write all account numbers on checks
                  - Attach remittance advice indication invoice numbers that are being paid with                                     your check
                  - Do not make any deductions from your payments. Should any errors occur on these invoices regarding prices, due dates, etc., notify HeatLab, Inc. with specific detailed info within 10 days of invoice date. HeatLab, Inc. will make necessary adjustments to the invoice.

1. Accounts that are past due (60) days on amounts over $200 will be put on hold.
2. Accounts past due for (90) days will be considered for collections.
3. Any invoice paid late constitutes loss of any discounts.
4. Purchaser will be held liable for any and all collections costs, attorney’s fees and costs of legal suit relating to purchaser’s breach of this agreement.
5. All past due amounts will be subject to a service charge at the highest legal rate plus reasonable attorneys fees if needed to enforce collection.
6. Any current shipment will become ineligible for discounts while an outstanding balance remains.
7. Checks returned as non-sufficient funds (“NSF”) constitutes loss of any discount for that invoice. A service charge of $25.00 on all or returned checks will be charged to your account; additional bank charges associated with NSF checks will be charged to the purchaser.

FREIGHT ALLOWANCE AND SHIPPING POLICIES

1. All shipments are F.O.B Los Angeles, CA. Delivery to Carrier constitutes delivery to customer. Shipments via UPS Ground or Federal Express. Discounts not permitted on freight charges F.O.B. point of origin. All freight charges will be charged to your account. There will be a $25.00 service charge for all refused shipments.
2. HeatLab shall not be responsible for any claims or damages resulting from any delay in delivery or failure to perform which results from governmental regulations, or strike, lockouts accident, fire, delays in manufacture or transportation, acts of God, alien invasion or any other causes beyond the execution of any contract by any cause, HeatLab  reserves the right to fill this order in proportion to production.
3. In the event HeatLab shall be unable to manufacture any style contained in this order, HeatLab shall not be liable for non-delivery of such merchandise.
4. All orders received by HeatLab are subject to acceptance by HeatLab and may be rejected without cause or liability.
5. Claims for shipping errors or incorrect pricing must be reported to HeatLab within 10 days of invoice date and accompanied with invoice showing date of purchase and price paid. No adjustments will be made after 10 days.
6. Unless “Ship Complete” is specified on the purchase order, HeatLab, Inc may make partial shipments against purchase orders for all items in stock. Items not in stock will be backordered and shipped out as soon as they become available. Freight charges will apply to all backorders.

RESALE POLICY

1. Selling HeatLab products outside of your physical location is not permitted without written approval.

GRAY MARKET PRODUCTS

1. HeatLab will immediately cease doing business with any retailer that purchases HeatLab products from sources other than HeatLab, INC.—or any business found to be supplying an unauthorized dealer with our products.
2. Transshipping of HeatLab products to non-authorized retailers, distributors, agents or E-Commerce companies and/or selling products over internet “auction” sites is strictly prohibited and grounds for account termination.

RETURN AND REPLACEMENT POLICY

1. All returned merchandise must have Return Authorization Number (RA#) on outside of each shipping box, along with original invoice and return address.
2. To obtain a RA#, please contact our customer service Department, tel: 858-752-4580.
3. Unauthorized return shipments will be refused and returned to sender.
4. Authorized returns of saleable merchandise other than shipments made in error, will be subject to a 20% restocking charge plus any applicable freight charges.
5. Returns for repair or any services caused by neglect, damage, accident, or improper repair by others will incur a charge for labor, and return freight.
6. HeatLab, Inc. warrants all products to be free of defects in materials and workmanship for a period of one year from the date of purchase.

SPECIAL EVENTS & “EXPOS”
Retailers must obtain prior written approval to sell HeatLab products at sporting or other outdoor or indoor events.
CHANGES OF LOCATION OR OWNERSHIP AND NEW BRANCH OPENINGS

1. HeatLab requires retailers who are changing location, changing ownership or opening a new branch to obtain your approval from us for HeatLab product distribution.
2. HeatLab has the legal right to make decisions relating to the distribution of our products relating to geographical areas as well as vehicles of distribution used.
3. All dealers are required to submit new account applications to their sales representative when adding new locations or moving locations. All decisions relating to the above are made based on the many variables involved by HeatLab management on a case by case basis.

PRICING POLICY

1. HeatLab has established suggested retail prices on products as delineated in its retail price lists. HeatLab will independently monitor compliance with this policy and will discontinue sales to any dealer that fails to adhere to the suggested price lists without written authorization to do so.
2. At-once orders will be invoiced at the prices prevailing on the date orders are made.

MANUFACTURER SUGGESTED RETAIL PRICE (MSRP)
To assist our various retailers, we have established guidelines for suggested prices that retailers may charge for an individual product in HeatLab’s current dealer price list. We believe that charging a price lower than the current published MSRP could result in end users developing a negative attitude towards HeatLab products. Hence, prices will remain in effect until superseded by a new price listing. Finally, HeatLab reserves the right to adjust these prices and policies as market conditions warrant. Any dealer that wishes to place a "sale tag" or advertise a "sale price" on HeatLab products must first send written notification and contact a HeatLab sales representative before doing so.
CLAIMS
For shortage or wrong style, size, and color, claims must be filed with HeatLab within 5 days after receipt of shipment.
DISTRESSED MERCHANDISE
HeatLab recognizes that distressed merchandise periodically happens and that retailers may not be able to sell it. In such an event, unless you are selling such goods in your own pre-approved outlet, please contact our Sales Manager and indicate which distressed goods you wish to sell (including quantity and product code) and to whom you wish to sell them. Any transfer or sale of such merchandise to any reseller—including retailers that are approved to sell HeatLab products—may occur only with prior authorization.
TRADEMARK USAGE IN MEDIA & ADVERTISING

1. No retailer can offer HeatLab products for sale via national print advertising, direct marketing catalog, electronically via the internet, or any other media without specific signed authorization from HeatLab.
2. Image style advertising is allowed; however, “call for pricing” in the advertising of HeatLab products is not allowed.
3. Any retailer interested in using HeatLab trademarks must first contact HeatLab. Authorized imagery will be sent via email within 7 days of approval.
4. HeatLab product catalogs are in their entirety copyright information and permission to scan images and copy information from these catalogs must be written by permission.
5. Anytime you refer to HeatLab in your catalog or web site, you must use the approved HeatLab registered trademarks.
6. HeatLab reserves the right to review advertisements to ensure that information is correct.
7. HeatLab approved logos and/or trademarks may be used in the retailer’s catalog and/or on the web site so long as:
8. They are not the only brand trademarks represented on the site.
9. The use or position of the logos, word marks and/or trademarks does not imply or suggest that the retailer’s brochure, print-advertising, catalog or website are owned or managed by HeatLab.
10. No HeatLab trademarks may be used in the retailer’s domain name nor may HeatLab trademarks be excessively used in metatag or any other type of searchable web site identification conventions.

BEST EFFORTS

1. The retailer will use its best efforts to promote the sale of HeatLab products in their catalog and/or website by:
2. Educating the consumer about HeatLab products by using HeatLab approved product descriptions about technology, innovations and function.
3. Presenting HeatLab products in a manner consistent with their nationally advertised images.

HeatLab, INC. 2007-2010. All rights reserved.