Standard Terms and Conditions Applying to All Sales

All sales of products by CaryOn Game Bags, LLC are expressly conditioned upon the terms and conditions set forth below. Any additional or different terms or conditions set forth in purchaser’s purchase order or any similar such communication are hereby rejected by CaryOn Games Bags, LLC and shall not be binding nor effective unless assented to in writing by an authorized representative of CaryOn Game Bags, LLC.

1. A 50% deposit of the total order (product price plus shipping/handling) must be received by CaryOn Game Bags, LLC before CaryOn Games Bags, LLC has any obligation to commence manufacturing of the product. If in the judgment of CaryOn Game Bags, LLC the financial condition of purchaser at the time of manufacture does not justify the terms of payment specified then CaryOn Game Bags, LLC reserves the right to require full payment before manufacture and to suspend any further performance until payment is received.

2. The remaining 50% balance must be received by CaryOn Game Bags, LLC before the product is shipped and within ten days after final billing is sent to purchaser.

3. In the event the remaining 50 % or final payment is not received by CaryOn Game Bags, LLC within ten days after final billing is sent to purchaser, then the order shall be deemed cancelled and CaryOn Games Bags, LLC cancellation policy shall apply.

4. Cancellation policy: If order is cancelled after CaryOn Game Bags, LLC sends written notification that manufacturing of order has commenced, then the 50% deposit shall be non-refundable as a cancellation fee and CaryOn Game Bags, LLC shall be free to sell the products to other purchasers.

5. CaryOn Game Bags, LLC reserves the right to modify the fabric used for whatever reason and to cancel any orders at anytime in the event fabric is unavailable or for any other reason. In event of cancellation by CaryOn Game Bags, LLC any deposits paid by purchaser shall be refunded.

6. All sales are deemed final and non-returnable due to custom manufacturing.

7. All products purchased from CaryOn Gamebags, LLC are to be sold in their original packaging.

8. Except as to title, THERE ARE NO WARRANTIES, EITHER WRITTEN, ORAL, IMPLIED OR STATUTORY relating to any products purchased from CaryOn Game Bags, LLC. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.

9. Prices do not include sales, use, excise, value added or similar taxes and, where applicable, such taxes shall be a separate item and paid by purchaser.

10. Unless otherwise noted, all sales are made f.o.b point of shipment and title shall pass upon delivery to carrier at point of shipment and thereafter all risk of loss or damage shall be upon purchaser. CaryOn Game Bags, LLC shall not be liable for failure to deliver or for delays in delivery or performance due to (a) causes beyond its reasonable control; (b) acts of God, acts of purchaser, acts of civil or military authority, fires, strikes, labor disputes, riots, delays in its usual source of supply, delays in transportation or (c) any other commercial impracticability. In the event of such delay the date of delivery of performance shall be extended for a period equal to the time lost by reason of delay.

11. Any assignment of any order for the purchase of products from CaryOn Game Bags, LLC, or any rights thereunder, by the purchaser without the advance written consent of CaryOn Game Bags, LLC shall be void.

12. Any of the terms and provisions of purchaser’s order which are inconsistent with the terms and provisions hereof shall not be binding on CaryOn Game Bags, LLC and shall not be considered applicable to the sale or shipment of the products referred to herein. Unless purchaser shall notify CaryOn Game Bags, LLC in writing to the contrary within 2 days after receipt of this quotation by purchaser, acceptance of the terms and conditions hereof by purchaser shall be indicated, and, in the absence of such notification, the sale and shipment by Caryon Game Bags, LLC of the products covered hereby shall be conclusively deemed to be subject to the terms and conditions herein.

13. In any suit or action brought on this sale to enforce the provisions of this sales agreement, the losing party agrees to pay the prevailing party's reasonable attorney's fees to be fixed by the trial court, and on appeal the prevailing party's reasonable attorney's fees to be fixed by the appellate court. Any and all disputes shall be resolved in the Courts of the State of Oregon and shall be governed by the laws of the State of Oregon. (Revised 12/29/04)