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The Discount Warehouse, Inc.

5501 N. Nob Hill Road, Sunrise, Florida 33351


Tel: 1-954-746-8701 Fax: 1-954-746-8703
Email: diana@tdwcloseouts.com Web: www.tdwcloseouts.com
CONDITIONS OF PURCHASE
This Agreement concerns and applies to all department stores and merchandisers not mentioned. Purchaser agrees
not to advertise merchandise using the above listed department store name(s). All labels and tags must be removed.
All signatures contained within facsimiles transmitted between the Purchaser and The Discount Warehouse, Inc. will
be treated and given the same legal effect as an original signature of each party.
CONDITIONS OF MERCHANDISE/WARRANTIES
This Agreement supersedes any prior written or oral agreements between the parties, and the Purchaser
is not relying on any prior representations when entering this Agreement.
All merchandise is Salvage/Store Returns/Used merchandise and sold AS IS and with no warranties or
guarantees of any kind expressed or implied, including merchantability and fitness for a particular
purpose. All merchandise is sold in AS IS condition, with no refunds, returns, credits, no cancelation or
exchanges offered or given. Salvage/returns merchandise, used clothing and/or used footwear are sold
with no specific grade. Purchaser may receive mixed grades, salvage, returns, used clothing and/or
salvage/return. All merchandise may be ripped, stained and/or damaged. The above listed department
stores and The Discount Warehouse will not be held liable for any dissatisfaction in regards to the sale or
quality of merchandise and any shortages of merchandise. Loads may be sold as bulk loads (no wholesale
value, percentage, or piece count given). The approximate value and amount of each load is merely a
number that has been provided to The Discount Warehouse by its providers as an estimate only of
wholesale or retail value at the time of the purchase and The Discount Warehouse Inc. in no way
represents or guarantees that this is the true value of the products, or the amount of each load. All
pictures of sample loads of merchandise are not representative of the entire load shipped to the
Customer.
If Purchaser refuses to accept a load, or any part of a load, the Purchaser assumes responsibility for any
and all costs associated with shipping and/or storing, and redelivers the load. A freight carrier may
confiscate the refused load to recover all expenses in regards to the refused load. The Discount
Warehouse Inc. shall not be liable to the Purchaser for any charges on this load.
The Discount Warehouse Inc. shall not be liable to the Purchaser by way of indemnity or by reason of any
breach of the contract or of statutory duty, or by reason of tort (including but not limited to negligence)
for any loss of profit, for any financial or economic loss or for any indirect or consequential damage
whatsoever that may be suffered by the Purchaser arising out of or relating to the purchase of this
merchandise. Customer has inspected all merchandise and agrees that merchandise is as

represented and described also agrees that T.D.W. has provided all merchandise listed in terms
and conditions of sale, invoice and bill of lading. Any returns, refused, or cancelation of any
orders without prior written authorization from TDW will be subject to a 25% restocking fee of
the total amount of invoice.
Purchaser agrees that they will be fully responsible for all credit card and/or other charges incurred for
the merchandise and will not dispute and/or charge back a credit card purchase for any reason what so
ever.
TRANSPORTATION COSTS
Purchaser will be held responsible for transportation costs from the distribution center(s) and/or warehouse(s). All
claims must be submitted directly to freight carrier of Purchasers choice.
LITIGATION/VENUE
This Agreement shall be governed by the laws of Florida. In the event of any litigation arising out of or related to this
Agreement, the sole and exclusive venue shall be in the state and federal courts of Broward County, Florida, the
parties waive the right to a jury trial, and the prevailing party in such litigation shall be entitled to recover from the
non-prevailing party reasonable attorneys fees and costs.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Buyer and/or Company

Name:

Signature:

Date:
Please sign and fax back to 1-954-746-8703 Att: Diana Sales Dept.