Berry Fit Company Terms of Sale

Payment - a 50% deposit is required with the order, and the entire balance is due prior to shipment.

If the deposit is paid by credit card, the same credit card is required to pay the balance. If a check is used to pay the balance, Berry Fit will ship the order after the check has cleared (approximately two (2) weeks). A $30.00 fee will be applied to any dishonored checks (e.g., NSF). A 20% charge is added for "rush" orders.

A delay in payment will result in delayed delivery.

Shipping - Standard shipping for orders and alterations is via ground carrier (e.g., UPS). Overnight shipping is available at the customer's expense. Shipping and handling are in addition to the purchase price of the merchandise.

Alterations - Berry Fit takes special effort to assure correct fit. Due to variations in patterns, materials, stitching technique, and body shape, alterations may be necessary.

Berry Fit is responsible for alterations so long as measurements have not changed and Berry Fit is notified within thirty (30) days of receipt. TIME IS OF THE ESSENCE. After thirty (30) days, alterations and shipping will be charged to the customer.

Two to three (2 - 3) weeks are required for alterations and return. In some cases a second, final alteration is necessary to assure the desired fit. Berry Fit reserves the right at its sole option to re-make the garment, and to return the unsatisfactory garment to stock for resale.

The customer should not use or make any changes to the garment until the final fit is approved.

Warranty - Berry Fit warrants all merchandise to be free from defects in materials or workmanship. In the event of a defect, Berry Fit will repair or replace the garment which is returned within ninety (90) days after the purchase date. A 50% credit will be applied toward the purchase of Berry Fit merchandise for a defective garment which is returned between ninety (90) and one hundred eighty (180) days. No credit is applied after one hundred eighty (180) days. NOTE: Leather goods and exotic hides exhibit fluctuation in grain and pattern beyond the control of Berry Fit. These differences add individual character to your custom garment and should enhance the enjoyment.

Disclaimer of Implied Warranties and Limitations upon Remedies - The express warranty is in lieu of implied warranties of suitability for particular purpose and merchantability which are specifically disclaimed. Damages, if any, are limited to the purchase price, and Berry Fit is not responsible for consequential or incidental damages, which are excluded from this agreement.

Refunds - All custom orders are non-refundable. See Alteration policy above. All consignment and special sale purchases are "AS IS" and are without warranty, and are considered final.

Thank you for the opportunity to serve you. We appreciate your business and we hope that you are pleased with your selection. At Berry Fit we take pride in our creations and we look forward to serving you again!

LC-3300
April 7, 2005

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