Terms & Conditions
- General Terms
A. These Corporate Purchasing Terms and Conditions ("Terms and Conditions") govern all sales of products and services (as hereinafter defined) by Beretta USA Corp. to corporate customers ("Beretta," "we," "our," or "us") through the Corporate Apparel Purchase Program.
B. By placing an order through the Beretta Corporate Apparel Program, you agree to be bound by these Terms.
C. Beretta reserves the right to modify, terminate, amend, limit, or otherwise change these Terms and Conditions, benefits of the Program, or conditions of participation in the Program, in whole or in part, at any time with or without notice to you.
- Order Process
A. All orders are subject to Beretta's acceptance. Receipt of an order confirmation does not constitute acceptance.
B. Minimum order quantities apply (12 pieces per style) and are subject to change without notice.
C. Once submitted, orders cannot be canceled except at Beretta's sole discretion. Cancellation fees may apply.
D. Order specifications must be written in writing, including quantity, style, size, color, and customization details.
E. Customer is responsible for reviewing and approving all design proofs before production. Once approved, Customer assumes responsibility for all content, design, and logo placement.
- Customization & Logos
A. Customer warrants that it owns or has permission to use and reproduce all logos, designs, trademarks, and other content provided to Beretta for customization purposes.
B. Customer shall defend, indemnify and hold Beretta harmless from any claims arising from the use of logos, designs, or other intellectual property provided by Customer.
C. Beretta reserves the right to refuse any design it deems offensive, inappropriate, potentially infringing on third-party rights, or for any other reason.
D. Minor color, positioning, and appearance variations between the approved proof and final product are normal and do not constitute grounds for rejection or refund.
- Pricing & Payment
A. The contract terms commence once the customer approves the artwork in writing and the goods are shipped to the designated embroiderer.
B. All prices exclude taxes, customs duties, and shipping costs unless otherwise specified.
C. Price quotes remain valid for 30 days from the date of issuance.
D. A 50% deposit is necessary to begin production. The remaining balance must be settled before shipping.
E. For approved accounts, payment terms are net 30 days from the invoice date. Late payments incur a 1.5% monthly interest charge.
F. The customer is responsible for all applicable taxes.
- Production & Delivery
A. Production time will be determined based on product availability and the volume of embroidery requested. Standard production typically takes 3–4 weeks after proof approval and deposit receipt for non-direct dealers.
B. Delivery dates are estimates only and not guaranteed. Beretta is not liable for delays in production or shipping.
C. Risk of loss transfers to Customer upon delivery to the carrier.
D. Customer must inspect all products upon receipt and report any damages or defects within five business days.
- Returns & Refunds
A. Due to the custom nature of our products, all sales are final and non-refundable, except in cases of manufacturing defects.
B. Claims for defective merchandise must be submitted in writing within 10 business days of delivery, including photographs of the defects.
C. Approved returns for manufacturing defects will be replaced or refunded at Beretta's discretion.
D. Returns will not be accepted for:
- Customer-approved designs that meet specifications
- Size or color selection errors
- Slight variations in color or placement from approved proofs
- Intellectual Property
A. All Beretta trademarks, logos, and designs remain the sole property of Beretta.
B. Customer may not alter, modify, or create derivative works of Beretta’s intellectual property.
C. Beretta may use photographs of non-confidential completed orders for promotional purposes unless Customer expressly prohibits such use in writing.
- Warranty & Liability
A. Beretta warrants that products will be free from manufacturing defects for 30 days from delivery.
B. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. Beretta’s liability is limited to the replacement or refund of defective merchandise. Beretta shall not be liable for indirect, special, incidental, or consequential damages. IN NO EVENT SHALL BERETTA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE PROGRAM. HOWEVER, THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF BERETTA’S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
D. Maximum liability shall not exceed the purchase price of the products.
- Force Majeure
A. Beretta shall not be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, riot, strikes, labor disputes, or material shortages.
- Confidentiality
A. Beretta will maintain the confidentiality of the Customer’s proprietary designs and business information.
B. Customer agrees to maintain the confidentiality of any proprietary information provided by Beretta, including pricing structures and production techniques.
C. Program pricing is confidential and may not be disclosed by you to anyone.
- Governing Law & Dispute Resolution
A. These Terms shall be governed by the laws of the state of Maryland, without regard to its conflict of law provisions.
B. Any dispute arising out of or relating to these Terms shall be resolved by arbitration in accordance with the rules of the American Arbitration Association.
C. The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and costs.
D. If any provision in these Terms and Conditions is found or held to be invalid or unenforceable, then the meaning of said provision will be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of these Terms and Conditions, which will remain in full force and effect.
- Media Rights and Publicity
If you provide any images or video to Beretta, you grant Beretta and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter, adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize, and otherwise exploit your name, photograph, video, likeness, written and other information and materials that you provide t in whole or in part, in any manner and for whatever purpose Beretta shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use. You represent and warrant that Beretta’s use of any images or materials as provided hereunder shall not violate or infringe upon rights of any third parties, including any trademark, patent, copyright or other intellectual property right.
- Miscellaneous
A. These Terms constitute the entire agreement between the parties regarding the subject matter hereof.
B. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
C. Failure by Beretta to enforce any provision of these Terms shall not constitute a waiver of future enforcement.
D. Customer may not assign its rights or obligations under these Terms without Beretta's prior written consent.
E. All notices must be in writing and sent via email to corporateapparel@berettausa.com or by certified mail to Beretta's corporate headquarters.
