Table of Contents:
For Vendors....................................................................................................
Page 2
Introduction....................................................................................................
Page 3-4
PO Requirements............................................................................................
Page 5-10
Packing & Marking Requirements....................................................................
Page 11-14
Routing Guide.................................................................................................
Page 15-38
Testing Requirements.....................................................................................
Page 39-57
A) Letter to Business Partner...........................................................................
Page 39
B) Adult Apparel.............................................................................................
Page 40
C) Children's Apparel......................................................................................
Page 41
D) Toys............................................................................................................
Page 42
E) Acrylic or Plastic Tableware.........................................................................
Page 43
F) Artificial Flowers.........................................................................................
Page 44
G) Ceramic & Glassware...................................................................................
Page 45
H) Cutlery........................................................................................................
Page 46
I) Electronics...................................................................................................
Page 47-48
J) Furniture.....................................................................................................
Page 49
K) Picture Frames............................................................................................
Page 50
L) Seasonal......................................................................................................
Page 51
M) Wood Articles - Food..................................................................................
Page 52
N) Household Rugs..........................................................................................
Page 53
O) Handbags………………………………………………………… Page 54
P) Jewelry...................................................................... Page 55
Q) Footwear - Children's.............................................. Page56
R) Metal Articles - Food Contact................................. Page57
C-TPAT....................................................................................... Page 58
Appendix................................................................................... Page 59-103
A) Contact List............................................................. Page 59
B) PO Terms & Conditions......................................... Page 60-74
C) Marking Requirements for wearing apparel…….. Page 75-83
D) Ticket Types........................................................... Page 84
E) Ticket Placement Requirements............................. Page 85-95
F) Hanger Requirements..........................................................................
Page 96
G) Carton Label Samples..........................................................................
Page 97-100
H) Expense Offset Policies.......................................................................
Page 98-99
I) Bealls Import Vendor Chargeback Violation Key...................................
Page 100-103
Page 1 of 103
For Vendors
1) Review Bealls Outlet Vendor Partnership Guide. This is published twice a year, February and August.
Changes to the Store Listing may not coincide with the twice a year publication schedule. Be sure to continually check for store listing updates.
a) Bealls Outlet Vendor Partnership Guide. Important to review and understand all sections, and specifically the following:
i) PO Terms and Conditions – Appendix
ii) Store Listing
iii) Transportation Routing Guide
(1) Domestic
(2) International
iv) Expense Offset Policies – Appendix
For Imports ONLY:
v) C-TPAT Compliance
The vendor is responsible for communicating to the Buyer any changes in the information initially supplied
by the vendor in these forms as changes occur.
Page 2 of 103
Introduction
Summary
This Vendor Partnership Guide is valid for purchase orders issued by Beall’s Outlet Stores Inc. only. The instructions contained in this guide are only valid for shipments made February 15, 2015 through July 31, 2015.
This guide supersedes all previous guides and exception routing issued by Beall’s Outlet. It is the responsibility
of the vendor to obtain the current Transportation Routing Guide in this Vendor Partnership Guide in effect at
the time of shipment. Beall’s Outlet does not mail guides.
All instructions in this Vendor Partnership Guide are terms and conditions of our purchase orders and must be
carefully checked before forwarding any shipments to our Distribution Center / Stores. If the instructions in
the Transportation Routing Guide section cannot be strictly followed, you must contact Beall’s Transportation
Office prior to shipment. It is the responsibility of the vendor / shipper to access and comply with any changes
to the Transportation Routing Guide.
Beall’s Transportation Office cannot give out routing instructions if the Purchase Order is:
a. not updated in Beall’s Outlet’s system,
or
b. cancelled,
or
c. past the cancellation date
or
d. prior to the start ship date
The vendor will be instructed to contact the buyer in any of these cases.
Any changes to routing instructions can only be authorized by Beall’s Transportation Office. Buyers should not
be contacted for routing instructions.
Every routing exception expires on the effective date of each new guide. It is the vendor’s responsibility to renegotiate the exception with Beall’s Transportation Office.
Our next update to the Vendor Partnership Guide will be August 1, 2015. The Beall’s Outlet Vendor Partnership Guide is available on our web site at www.beallsinc.com.
Please submit your email address to our Transportation Office (traffic@beallsinc.com) to allow us to issue notice of Vendor Partnership Guide updates. Beall's Inc. and its family of stores including Beall's Outlet Stores
are not affiliated with Bealls of Texas or Stage Stores Inc.
Here’s a summary of the Vendor Partnership Guide and Routing Guide updates (appear in red throughout the
guides):
 Effective Dates, Vendor Partnership Guide & Routing Guide – Changed
 Routing Guide – Changed
Bealls is enabling a Transportation Management System that requires vendors to register. See instructions.
Page 3 of 103
Purchase Order Verification
You must verify that you have a duly approved PO from our buyer before you ship merchandise to Beall’s Outlet. Always ship merchandise quoting a valid 7-digit Beall’s Outlet PO number. You must ensure that you review the PO and verify that the details match your records, paying close attention to quantities, unit cost, discount terms, ship and cancel dates, and FOB point (city and state). Do not ship before the ship date. You may
ship up to and including our cancel date. The FOB Point (city and state), if “SEE GUIDE” is not indicated, should
be the actual point of origin for all shipments made to Beall's Outlet Stores. Failure to ship from the FOB point
specified in the PO can result in a non-compliance penalty. Our Buyers must be made aware of any changes to
normal shipping points as soon as they are known to your company.
If our buyer agrees to substitutions, or any other PO change, you must verify that our PO has been updated
accordingly by requesting a buyer copy of the change. If our PO does not match your records, or is incomplete, notify the buyer and request an updated copy of the corrected order before shipment is made.
How to Use this Manual
First, review the Purchase Order Requirements section to determine the type of PO you received.
Second, review the Packing and Marking Requirements section to find the type of PO you received in order to
properly pack your products.
Finally, review the Transportation Routing Guide section for the appropriate routing instructions.
The Appendix contains a contact list, forms, expense offset policies, and other documentation referenced in
the above sections.
If you have any questions on this manual, contact Christine Soto, DVP Merchandise Support, at 941-744-4568
or via email at christis@beallsinc.com.
Page 4 of 103
Purchase Order Requirements
Purchase Order Types
Beall’s provides three types of POs, listed in order of preference as follows:
1. Complex Case-pack PO
2. Simple Case-pack PO
3. Bulk PO
These PO types apply to all orders, domestic and import (POE, Direct Import, and Bealls Outlet Import).
Complex Case-pack PO
This type of PO has pre-defined A,B,C… assortment groups with multiple style/colors/sizes.
Page 5 of 103
The Complex Case-pack PO information describes the assortment and quantities by case-pack type as seen
above.
In the body of the document, the first line identifies the quantity of case-pack A’s, B’s, etc. to be shipped to
Beall’s Outlet. The vendor will ship 200 case-pack A’s and 100 case-pack B’s.
Each line item is listed by manufacturer style, color, size description, unit description, cost, unit of measure,
SKU number, total quantity, quantity per case-pack.
Case-pack A’s will include one size small, and B’s two size small.
Case-pack A’s will include two size medium, and B’s four size medium.
This logic applies to all line items within the PO.
Page 6 of 103
Simple Case-pack PO
This type of PO requires goods to be packed by individual style/color with an assortment of sizes if applicable.
Page 7 of 103
Style 100 – Order qty is 60 units, Pack qty. is 6 units per pack; 10 packs.
Style 300 – Order qty is 60 units, Pack qty . is 6 units per pack; 10 packs.
Page 8 of 103
Bulk PO
This is a traditional PO type with bulk quantities for each style/color/size.
Page 9 of 103
Page 10 of 103
Packing and Marking Requirements
Unnecessary Materials Guidelines
Beall’s Outlet recognizes the need to include certain packing or protective material on products. However a
considerable amount of waste and labor is incurred to remove materials considered “unnecessary”.
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No safety pins, straight pins, or pins of any type, in any category of merchandise, for any reason, except
Boy’s and Men’s folded dress shirts.
No tiebacks or clips of any type, in any category of merchandise.
No tissue or paper or other materials placed inside garments, in pockets or sleeves, or folds, or
wrapped around hangers that will fall off while garment is on display on our selling floor or that requires removal at point of receipt. Plastic and cardboard collar inserts in Boy’s and Men’s folding dress
shirts are OK.
Use protective packing that can easily be removed in one motion. Example: poly bags covering garments should easily pull away; plastic and cardboard protecting handbags or luggage etc. must not require scissors or knives to remove. If protective plastic is necessary, wherever possible bundle multiple
items NOT singles.
Complex Case-pack Packing/Label Requirements
Packing Requirements
1. Complex Case-pack merchandise is to be packed by the style, color, size, and quantity assortment as
stated in the PO.
2. Pack each case-pack assortment in separate cartons.
3. Pack each PO in separate cartons. Do not combine POs in the same carton.
4. Seal with distinctive tape, i.e. company name / logo or security tape. Do not use clear tape.
5. Do not use metal, plastic bands, or straps. Cartons must be of a construction that will withstand transportation handling.
6. Individual carton dimensions cannot be less than 9”L x 7”W or 4”H or exceed 39”L x 30”W x 22”H unless an individual item exceeds these dimensions.
7. Individual cartons cannot weigh less than 2 lbs. or more than 50 lbs. unless an individual item exceeds
this weight.
8. Fragile merchandise – All cartons of fragile merchandise should be marked FRAGILE in bold type.
Carton Marking / Label Requirements
Label each carton on at least one side with the following (see Error! Reference source not found. in Appenix):
1. Vendor name and address
2. Beall’s Company name
3. PO number
4. Department number
5. Complex Case pack quantity (per carton)
6. Complex Case-pack assortment type i.e. “A, B, C” as defined on the PO
7. Carton count by assortment type, for example for Assortment Type A use A1 of 2, A2 of 2.
8. Total cartons in shipment
Page 11 of 103
Simple Case-pack Packing/Label Requirements
Packing Requirements
1. Merchandise must be packed with only one style, one color per carton.
2. If the carton is a Master Carton with inner-packs of one style/color, then each inner-pack must be bundled (banded or poly-bagged).
3. Pack each PO in separate cartons. Do not combine POs in the same carton.
4. Seal with distinctive tape, i.e. company name / logo or security tape. Do not use clear tape.
5. Do not use metal, plastic bands, or straps. Cartons must be of a construction that will withstand transportation handling.
6. Individual carton dimensions cannot be less than 9”L x 7”W or 4”H or exceed 39”L x 30”W x 22”H unless an individual item exceeds these dimensions.
7. Individual cartons cannot weigh less than 2 lbs. or more than 50 lbs. unless an individual item exceeds
this weight.
8. Fragile merchandise – All cartons of fragile merchandise should be marked FRAGILE in bold type.
Carton Marking / Label Requirements
Label each carton on at least one side with the following information:
1. Beall’s Outlet Distribution Center address
2. PO number
3. Department number
4. Beall’s Outlet Style number or Manufacturer’s Style number
5. Color
6. Pack size breakdown, for example 1sm, 2med, 2lge, 1xl
7. If a Master Carton is applicable (i.e. inner-packs within an outer Master Carton), you must indicate on
the carton label.
a. “MASTER CARTON”
b. Number of inner-packs per carton
c. Any carton with a pack quantity that is inconsistent with the rest of the cartons for that style or
pack type must be labeled as “ODD CARTON”.
8. Carton count by PO, for example PO# 123456 1 of 3, 2 of 3, 3 of 3.
9. If shipped from outside the USA, “Made in:” (Country of Origin of Merchandise).
10. Attach packing slip to outside of lead carton for each PO.
Page 12 of 103
Bulk Packing/Label Requirements
Packing Requirements
1. Merchandise must be packed with only one style, one color, and one size per carton. (Exception: less
than 24 units per color by style.)
2. Pack each PO in separate cartons. Do not combine POs in the same carton.
3. Seal with distinctive tape, i.e. company name / logo or security tape. Do not use clear tape.
4. Do not use metal, plastic bands, or straps. Cartons must be of a construction that will withstand transportation handling.
5. Individual carton dimensions cannot be less than 9”L x 7”W or 4”H or exceed 39”L x 30”W x 22”H unless an individual item exceeds these dimensions.
6. Individual cartons cannot weigh less than 2 lbs. or more than 50 lbs. unless an individual item exceeds
this weight.
7. Fragile merchandise – All cartons of fragile merchandise should be marked FRAGILE in bold type.
Carton Marking / Label Requirements
Label each carton on at least one side with the following information:
1. Beall’s Outlet Distribution Center address
2. PO number
3. Department number
4. Beall’s Outlet Style number or Manufacturer’s Style number
5. Color
6. Size
7. Carton count by PO, for example PO# 123456 1 of 3, 2 of 3, 3 of 3.
8. If shipped from outside the USA, “Made in:” (Country of Origin of Merchandise).
9. Attach packing slip to outside of lead carton for each PO.
10. Attach packing slip to outside of lead carton for each PO and include the following information:
a. PO number
b. Department number
c. Carton count
d. Style number and description
e. Carton count per style
f. Total quantity of units per style / color / size.
Direct to Store Packing/Label Requirements
Packing Requirements
1. Pack each PO in separate cartons. Do not combine POs in the same carton.
2. Carton must not exceed 50 pounds gross weight unless one individual item exceeds 50 lbs.
3. Seal with distinctive tape, i.e. company name / logo or security tape. Do not use clear tape.
Carton Marking / Label Requirements
Label each carton on at least one (1) side with the following information:
1. “Beall’s Outlet Stores” Store Name, Address and Store number
2. PO number
3. Department number
4. Carton count by PO, for example PO# 123456 1of 3, 2 of 3, 3 of 3
Page 13 of 103
Beall’s Outlet Import Inc. PO Packing/Label Requirements
Note: This supersedes all other carton marking instructions
Carton Marking / Label Requirements
Shipping Mark:
 Inner Carton: Color/Size assortment to be printed on front side of box.
 Export Carton: Carton Mark Front side/Back side
Beall’s Outlet Imports Inc.
PO #________________
Dept #______________
Style #______________
Color_______________
Inner Pack Size Scale ________________
_______________________=____
Units Per Master Carton ___________
Master Carton #_________of_________
Country of Origin_______________
Destination: Beall’s Bradenton, Florida USA 34208
Page 14 of 103
Domestic Transportation Routing Guide
For international shipments in which Beall’s is not the Importer of Record, please reference POE Shipments in Beall’s International
Routing Guide.
Issued February 1, 2015
Effective: February 15, 2015 – July 31, 2015
This Transportation Routing Guide is valid only for purchase orders issued by:
Beall’s Outlet Stores / Beall’s Home Outlet Stores / Burke’s Outlet Stores (hereafter referred to as Beall’s)
The instructions contained in this guide are only valid for purchase orders shipped:
February 15, 2015 - July 31, 2015
Please use the previous guide for all shipments prior to February 15, 2015.
This guide supersedes all previous Domestic Transportation Routing Guides and exception routing issued by Beall’s Outlet
Stores.
All instructions shown in this routing guide are transportation compliant terms and conditions of our purchase orders and must be
followed when shipping to Beall’s Outlet distribution center or direct to stores. All Bealls merchandise and non-merchandise vendors are required to use Bealls Routing Guide on all shipments that Bealls is paying the freight charges. A charge back will result for
any, all violations to this policy. It is the responsibility of the vendor (or the vendor’s agent) to access and comply with all instructions of the most current issue of this guide. If you cannot fully comply with all instructions in this guide, you must contact Beall’s
Transportation Office prior to shipping. Failure to fully comply with all instructions will result in a charge back of full freight costs
and $275 handling fee.
Our next update to the Domestic Transportation Routing Guide will be released August 1, 2015. Beall’s Outlet Domestic Transportation Routing Guides are available on our web site at www.beallsinc.com. Click on “for vendors” and then select Outlet Vendor Relations, then select Domestic Transportation Routing Guide.
All changes within this routing guide are identified in red.
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Only Beall’s Transportation Office can authorize changes to routing instructions.
If a vendor receives any routing instructions from the Transportation Department, the vendor is still responsible for all of the
routing requirements in this guide.
Vendors may call for routing instructions prior to the start of the shipping window.
It is the vendor’s responsibility not to ship prior to the start of the shipping window or after the cancellation date.
Page 15 of 103
Bealls Outlet Domestic Transportation Routing Guide
Table of Contents
I.
II.
Domestic Transportation Routing Guide Changes and Key Points
Distribution Center Shipments (Includes Non-Merchandise Shipments)
Shipments weighing 250 lbs. or less and under 25 cartons
Shipments weighing 251 lbs. to 7,999 lbs. or over 24 cartons and not exceeding 1,200 cu. ft. or 10-nonstackable pallets
Carrier Selection Chart based on Shipping Zip Codes
Consolidators and LTL Carrier's Addresses and Contact Information
National Retail Transportation Terminal Contact Information
Commercial Zone Zip Codes
Consolidator Information
Consolidator Requirements
Shipments weighing 8,000 lbs. or more or 1,200 cube or more or 10 non-stackable pallets or more
III.
IV.
V.
VI.
VII.
VIII.
IX.
Bill of Lading Requirements
Air Shipments
Direct to Store Shipments (Includes Non-Merchandise Shipments)
Invoice Information
Domestic Carton Markings and Packing Guidelines
Packing Slip Guide Lines
Samples of VICS Bill of Ladings
Sample #1:
Within Commercial Zone, picked up by Consolidator
Within Commercial Zone, dropped off by Vendor
Within Commercial Zone, Vendor used 3rd party to make delivery
Sample #2:
Within Consolidation Area, outside of Commercial Zone
Sample #3:
Less than Truckload Shipments
Sample #4:
Direct to Store Shipments
Sample #5:
Truckload Shipments
Sample #6:
Blank VICS Bill of Lading
VICS Bill of Lading Supplement
Page 16 of 103
I. Domestic Transportation Routing Guide Changes and Key Points
Issued: February 1, 2015
Effective: February 15, 2015 – July 31, 2015
Please read each section carefully.
Routing Key Points
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Beall’s Distribution Center shipping address is:
Bealls Distribution Center
2100 47th Terrace East
Bradenton, FL. 34203
Vendors must pack by style, color, and size if applicable based upon the purchase order’s level of detail. Cartons should be
packed by solid style, color and size whenever possible.
All shipments must contain a packing slip on the lead carton. Packing slips must include the number of units by style, color,
and size if applicable based upon the purchase order’s level of detail.
Beall’s current return policy is that any merchandise that is refused by Beall’s receiving docks, will be shipped freight collect
back to the vendor on Beall’s designated LTL carrier. These shipments are refused and sent back to the vendor without obtaining any return authorization.
When completing the “Carrier Information” in the VICS bill of lading, Beall’s will accept the carton quantities in either the
“Handling Unit” or “Package” section. If your shipment is palletized enter the pallet quantity under the “Handling Units” and
the carton quantity under the “Package” section. The total weight must include the pallet weight.
Important Contacts
Transportation Department
Phone
941.744.4658
Fax
941.747.4378
E-mail
traffic@beallsinc.com
Distribution Center Delivery Appointments
Phone
941.744.4377
Carton Packaging Questions
Phone
941.744.4410
E-mail
snoel@beallsinc.com
Transportation Routing Guide Violations and Early / Late Shipments
Phone
941.744.4658
Fax
941.747.4378
E-mail
traffic@beallsinc.com
Accounts Payable / Vendor Services
Vendors A-L 941.744.4369
Vendors M-Z 941.744.4404
Email
accountspayable@beallsinc.com
Page 17 of 103
II. Distribution Center Shipments (Includes Non-Merchandise Shipments)
All shipments must contain a packing slip on the lead carton. Packing slips must include the number of units by style, color, and size if
applicable based upon the purchase order’s level of detail.
Shipments Weighing 250 lbs. or less (actual or dimensional weight), and under 25 cartons utilize United
Parcel Service
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Ship to:
Bealls Outlet Stores
2100 47th Terrace E
Bradenton, FL. 34203
From any U.S. origin, ship Collect via UPS Ground. Contact the Inbound Transportation Department for UPS account number.
Do not ship 3rd Party Billing, Consignee Billing or UPS Hundred Weight.
Beall’s requires that first and second reference fields are utilized for Beall’s information only and that the vendor may use the
third, fourth and fifth reference fields for their own data. The purchase order number must be in the first reference field and
the store number in the second reference field of the UPS shipping label. Complete the first reference as “PO1234567” and
the second reference as “ST115”, if you are completing the UPS bill of lading manually, enter this data on the first address
line.
If you are unable to ship via UPS due to size restrictions and ship through the consolidator, you must put the carton dimensions on your bill of lading. Please see “Shipments Weighing 251 lbs. up to 7,999 lbs. or over 24 cartons and not exceeding
1,200 cu. ft. or less than 10 non-stackable pallets.” within this section for instructions.
UPS Size Limits
UPS has established specific size limits for the packages that you send with all UPS services. The restrictions below only pertain to
individual packages.
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Packages can be up to 165 inches (419 cm) in length and girth combined.
Packages can be up to 108 inches (270 cm) in length.
How to measure your package size
To measure ground packages use the following formula:
Length + 2x Width + 2x Height
Step 1. Determining Length
 Measure the longest side of the package, rounding to the nearest inch. This is your length.
Step 2. Determining Girth (2x Width + 2x Height)
 Measure the width of the package, rounding to the nearest inch. Multiply this number by 2.
 Measure the height of the package, rounding to the nearest inch. Multiply this number by 2.
 Add these two numbers together. This is your girth.
Step 3. Add the length and the girth together. This is your package measurement.
Step 4. Weigh the package to obtain its actual weight.
Page 18 of 103
How to determine dimensional weight
Multiply the package length by the width by the height. The result is the cubic size in inches. If the cubic size of the package in inches
is 5,184 or larger, divide the cubic size by 300 to determine dimensional weight in pounds.
Shipments weighing 251 lbs. to 7,999 lbs. or over 24 cartons and not exceeding 1,200 cu. ft. or less than 10
non-stackable pallets.
All shipments weighing between 251 lbs. and 7,999 lbs. (actual or dimensional weight), less than 1200 cubic feet, or less than 10 nonstackable pallets use the Carrier Selection Chart below. If your shipment exceeds any of these measurements please refer to “Shipments Weighing 8,000 lbs. or more or 1200 cube or more or 10 non-stackable pallets or more - Truckload Shipments"
Vendors are required to combine all shipments from the same location with the same destination to no more than one LTL
shipment per week.
Carrier Selection Chart based on Shipping Zip Codes
State and Origin Zip Codes
Designated Carrier
Freight Terms
Shipments that are 251 lbs. to 7,999 lbs. or
“Freight Charge Terms” and “Special Instrucover 24 cartons, are less than 1200 cubic
tions” to be completed by the vendor on a
feet or less than 10 non-stackable pallets
VICS Bill of Lading
(Must meet all criteria)
Freight Charge Terms: “Prepaid”
Special Instructions: “Prepaid to consolidator,
collect beyond”
Commercial Zone
CA zip codes 900 to 930
City Logistics & Transport
CA - All other Zip Codes
Submit routing through
www.sterlingwebforms.com Please take
the time to review the TMS Vendor OperFreight Charge Terms: “Collect”
ating Manual. This will guide you through
the registration (if you are not already registered).
Commercial Zones
NJ 070-079, 088-089
NY 100-116
CT 068-069
National Retail Transportation
Freight Charge Terms: “Prepaid”
Special Instructions: “Prepaid to consolidator,
collect beyond”
NJ - All other zip codes
National Retail Transportation
Freight Charge Terms: “Collect”
All Other States and Zip Codes
Submit routing through
www.sterlingwebforms.com Please take
the time to review the TMS Vendor OperFreight Charge Terms: “Collect”
ating Manual. This will guide you through
the registration (if you are not already registered).
Page 19 of 103
Consolidators Addresses and Contact Information
City Logistics & Transport Inc
(CGMC)
VICS bill of lading addressed to:
Bealls Outlet Stores
C/o City Logistics & Transport Inc
2888 El Presidio Street
Carson, CA 90810
VICS bill of lading addressed to:
Bealls Outlet Stores
National Retail Transportation (NART) C/o National Retail Transportation
1624 16th Street, Building “C”
North Bergen, NJ 07047
Contact: Customer Service
Telephone: 310.223.1010
Fax: 310.223.1018
Hours: 7:00 am to 6:00 pm
Monday-Friday
Deliveries: 10:00 am to 2:00 pm
Must call 48 hours in advance to schedule
a pick up (weekends and holidays not included)
To schedule a delivery or pickup appointment
visit www.nrsonline.com
Must setup a pickup 48 hours in advance
(weekends and holidays not included)
Delivery Appt.: 201.330.3635
Delivery Hours: 7:00 a.m. - 1:00 p.m.
National Retail Transportation Terminal Contact Information
Pickup requests should be made through the N.R.T. website www.nrsonline.com or by calling 201.863.3200. First time users will need
to create an account by choosing the “Request An Account Here” link. For assistance with problems or questions with registration call
201.863.3200 and choose option 4. Direct all other questions or comments to customerservice@nrsonline.com
Vendors must call to schedule a pick up no less than 48 hours prior to the order's cancel date and deliveries must be called in 24 hours
prior to delivery (weekends and holidays not included).
Commercial Zone Zip Codes
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New Jersey Zip Codes 070 - 079 and 088 - 089
New York Zip Codes 100 - 116
Connecticut 068 - 069
California Zip Codes 900 - 930
Defining Commercial Zone vs. Consolidation Zone
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Commercial Zone = Shipments made within this area are at the vendor’s expense from their dock to Beall’s consolidator.
Consolidation Zone = is the geographical area in which an agent for Beall’s Outlet Stores collects vendor shipments at
Beall’s direction and builds truckloads destined for Bradenton Florida.
Consolidator information
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Vendors must call to schedule a pick up no less than 48 hours prior to the orders cancel date and deliveries must be called in
24 hours prior to delivery (weekends and holidays not included).
When vendors are scheduling a pickup with the consolidators and the time the shipment is ready for pick up is after 12:00
p.m., the consolidator will consider the next business day as the first available pickup day for that shipment.
The vendor has the responsibility to arrange for the shipment to the consolidator.
The vendor, at their discretion, within the Commercial Zone may select Beall’s consolidator (at vendor’s expense) to make
the pickup or utilize their own truck or a 3 rd party carrier to make the delivery to the consolidator.
If a vendor selects to use their own truck or a third party provider to make deliveries to the consolidator, the date the merchandise is delivered to the consolidator is the official pickup date for Beall’s. The carrier must provide vendor's bill of lading to the consolidator.
It is the vendor’s responsibility to ensure that the consolidator picks up within the designated shipping window.
The consolidators will not accept shipments sent via small package carriers (UPS, FedEx, etc.).
If you arranged with the consolidator for a pick up and he does not make the pick up on the scheduled day, or if you have any
problems with our consolidator, call the Beall’s Transportation Department immediately at 941.744.4658.
Page 20 of 103

Vendors in the Commercial Zone are responsible for all freight charges to the consolidator. Therefore, vendors who choose to
use our consolidator’s trucking services are required to pay our consolidator. Not doing so will result in a charge back from
Beall’s inclusive of full freight plus a $275.00 administrative fee.
Consolidator Requirements
City Logistics & Transport Inc
Consolidator notification for pickup.
National Retail Transportation
Vendors must call to schedule a pick up no
less than 48 hours prior to the order's canVendors must call to schedule a pick up no
cel date (weekends and holidays not inless than 48 hours prior to the order's cancel
cluded).
date (weekends and holidays not included).
Scheduling Delivery appointments
Deliveries must be called in 24 hours prior Deliveries must be called in 24 hours prior to
to delivery (weekends and holidays not
delivery of any shipments over 50 cartons
included).
(weekends and holidays not included).
Palletizing Shipments
No Requirement
Palletize any shipment over 25 cartons. Pallets size 48X40 preferred. Do not mix purchase orders.
Original plus one (1) copy per purchase
order. The pickup driver must sign all
BOLs.
Two options: 1) Have the NRT driver sign
your completed VICS BOL and then the
vendor will make one copy per purchase
order of the signed BOL, or 2) Have the
VICS BOL original plus one (1) copy per
purchase order and the NRT driver will sign
the original and all copies.
VICS bill of lading (BOL) requirements
LTL Requirements
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Vendors are required to combine all shipments from the same location with the same destination to no more than one
LTL shipment per week.
Palletize any shipment over 25 cartons. The pallet dimension that Distribution Center recommends is 48 x 40. Pallets should
not exceed 6 feet in height. One purchase order per pallet, do not mix purchase orders on pallets.
All vendors must allow LTL drivers to perform the count on the largest handling unit only at the time of pickup.
No “Shipper Load and Count” (SLC) allowed unless the shipment is a sealed full truckload.
Any shipment with freight shortages and the Bill of Lading is signed STC / SLC / SWP the vendor will be charged for the
shortage.
LTL carriers require the original VICS bill of lading.
If you need assistance in obtaining NMFC numbers contact the LTL carrier assigned to your shipping point.
If a quote number is provided by Bealls, you must list it within the commodity description of the VICS bill of lading.
If the carrier does not make the pick up on the date you requested through Sterling Webforms or if you have any problems
with the service from our designated carrier, call the Beall’s Transportation Department immediately.
Shipments Weighing 8,000 lbs. or more, or 1200 cube or more or 10 non-stackable pallets or more Truckload Shipments
If your shipment meets any of the following criteria:
 Exceeds 1200 cubic feet or more,
 Weights 8,000 lbs. or more,
 10 non-stackable pallets or more.
Submit routing through www.sterlingwebforms.com Please take the time to review the TMS Vendor Operating Manual. This will
guide you through the registration (if you are not already registered); and gives step-by-step instructions for using the system.
Page 21 of 103
If the shipment is determined to be a volume or truckload quantity by the Beall’s Transportation Department:
 Shipper is responsible for the carton count, loading, securing and sealing the trailer. Beall’s authorized carrier does not require their drivers to count or assist in truck loading. Truckload shipments are to be sorted and loaded in the order specified
by our Transportation Department.
 All truckload shipments must be sealed with a metal bolt seal only. Seal number and trailer number including all alpha and
numeric characters must be noted on the bill of lading. Beall’s Distribution Center will not accept deliveries without a metal
bolt seal.
 Metal bolt seals can be purchased through American Casting 800.342.0333 or E.J. Brooks Company 800.458.7325.
 The pallet dimension that Distribution Center recommends is 48 x 40. Pallets should not exceed 6 feet in height. One purchase order per pallet, do not mix purchase orders on pallets.
III. Bill of Lading Requirements
All shipments over 250 lbs. must use a VICS bill of lading. All vendors should only provide a VICS bill of lading, any vendor bill of
lading is unacceptable.
Bill of lading must state the following:
 Ship from: Company name and shipping address (including zip code).
 “Ship to” address must be completed as shown in “Consolidator Addresses and Contact Information.” All LTL and Truckload shipments direct to the Bealls Outlet DC must be addressed to:
Bealls Outlet Stores
2100 47th Terrace East
Bradenton, FL 34203.
 Freight terms must be marked on VICS bill of lading as outlined on the Carrier Selection Chart. All Truckload shipments to
the Distribution Center must be marked as “Freight Collect.”
 List all purchase orders on one VICS bill of lading.
 Provide carton count by purchase order, if you are shipping pallets, you must give the number of cartons by purchase order
on your bill of lading.
 Provide weight by purchase order.
 Provide Department number by purchase order (write in the section of “Additional Shipper Info”).
 Vendor must complete the information in the “Carrier Information” section of the VICS bill of lading, including handling
quantity & type, packaging quantity & type, weight, commodity description, Class and NMFC number.
 Beall’s will no longer require the National Motor Freight Classification number (NMFC) on shipments through our consolidators.
 The NMFC number is still required for shipments through LTL Carriers and Truckload shipments. The Commodity Description and Class Number are still required on ALL shipments and must conform to the National Motor Freight Classification
(NMFC) and Uniform Classification requirements. Carton quantities should be noted in either the “Handling Unit” or “Package” section of the VICS bill of lading.
 If a quote number is provided by Bealls, you must list it within the commodity description of the VICS bill of lading.
 Except for consolidator shipments, the total weight in the carrier information section must include the pallet weight.
Truck Load Shipments – Must include this additional information:
 Seal number and trailer number including all alpha and numeric characters must be noted on the VICS bill of lading. On multi stop truckloads, second stop vendor must note seal number trailer arrived with.
 Vendor must notate under special instructions the carrier's appointment time, arrival time, departure time.
 Vendor must provide 2 bills of lading to the assigned driver.
Page 22 of 103
IV. Air Shipments
Beall’s Outlet Stores, Inc. will accept collect and prepaid air shipments only when the following conditions have been met:
 You have negotiated with the buying office, and
 Contacted the Beall’s Transportation Department to obtain shipment authorization and carrier information.
 Collect and Prepaid Air Shipments require a delivery appointment to be scheduled with the Transportation Department by
calling 941.744.4377
Do not ship freight prepaid and add freight charges to the merchandise invoice. This will result in a charge back.
Advertised merchandise shipped past cancel date will be subject to air shipment at 100% vendor cost.
V. Direct To Store Shipments (Includes Non-Merchandise Shipments)
All direct to store orders require Transportation involvement. Send a routing request for all DTS orders regardless of shipment size
and Transportation will provide the correct routing.
Page 23 of 103
Routing Request
Beall’s Transportation Department
Phone: (941) 744-4658 / Fax: (941) 747-4378 Email: traffic@beallsinc.com
The following information is required by our Beall’s Transportation Department to provide the carrier selection
for your shipment. Please email or fax this form at least 48 hours before this shipment is ready for pickup.
Ready for pickup date:
Vendor Name:
Pickup Address:
Contact Name:
City/State Zip:
Phone Number:
Total Pallets:
Fax Number:
Are Pallets Stackable?
Double click table to enter shipment information.
PO Number
Commodity Description
Cartons
Totals:
Pallets
0
Cube
0
Weight
0
0
Comments:
All shipments are shipper load and count. Beall’s will not authorize driver loads or counts. Please notify us of
any changes to this information as soon as possible. Failure to provide accurate information may result in
shipping violation penalties. If you have any questions, please contact us before you ship.
All Truckloads must be sealed with a metal bolt seal.
Page 24 of 103
Follow these instructions if shipment is routed via UPS

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From any U.S. origin, ship 3rd Party Billing via UPS Ground. Contact the Inbound Transportation Department for new UPS
account number.
Do not ship Direct to Store via UPS Consignee Billing.
Beall’s requires that first and second reference fields are utilized for Beall’s information only and that the vendor may use the
third, fourth and fifth reference fields for their own data. The purchase order number must be in the first reference field and
the store number in the second reference field of the UPS shipping label. Complete the first reference as “PO1234567” and
the second reference as “ST83”, if you are completing the UPS bill of lading manually, enter this data on the first address
line.
UPS Size Limits
UPS has established specific size limits for the packages that you send with all UPS services. The restrictions below only pertain to
individual packages.


Packages can be up to 165 inches (419 cm) in length and girth combined.
Packages can be up to 108 inches (270 cm) in length.
How to measure your package size
To measure ground packages use the following formula:
Length + 2x Width + 2x Height
Step 1. Determining Length
 Measure the longest side of the package, rounding to the nearest inch. This is your length.
Step 2. Determining Girth (2x Width + 2x Height)
 Measure the width of the package, rounding to the nearest inch. Multiply this number by 2.
 Measure the height of the package, rounding to the nearest inch. Multiply this number by 2.
 Add these two numbers together. This is your girth.
Step 3. Add the length and the girth together. This is your package measurement.
Step 4. Weigh the package to obtain its actual weight
Page 25 of 103
How to determine dimensional weight
Multiply the package length by the width by the height. The result is the cubic size in inches. If the cubic size of the package in inches
is 5,184 or larger, divide the cubic size by 300 to determine dimensional weight in pounds.
Follow these instructions if shipment is routed via LTL
Direct to Store: Bill of Lading requirements
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A VICS bill of lading is required on all shipments. All vendors should only provide a VICS bill of lading, any vendor bill of
lading is unacceptable.
Palletize any shipment over 25 cartons. The pallet dimension that Distribution Center recommends is 48 x 40. One purchase
order per pallet, do not mix purchase orders on pallets.
All vendors must allow LTL drivers to perform the count on the largest handling unit only at the time of pickup.
No “Shipper Load and Count” (SLC) allowed unless the shipment is a sealed full truckload.
Any shipment with freight shortages and the Bill of Lading is signed STC / SLC / SWP the vendor will be charged for the
shortage.
Do not prepare a manifest or master bill of lading for total purchase orders shipped in one day.
Bill of lading must state the following:












Ship from: Company name and shipping address.
Ship to:
Beall’s Department Store, Store Number
Store Address
City, State Zip
List all purchase orders on one VICS bill of lading.
Provide carton count by purchase order, if you are shipping pallets, you must give the number of cartons on your bill of lading.
Provide weight breakdown by purchase order.
Department number by purchase order (write in the section of “Additional Shipper Info”).
Vendor must complete the information in the “Carrier Information” section of the VICS bill of lading, including handling
quantity & type, packaging quantity & type, weight, commodity description, NMFC number and Class.
Commodity descriptions on the shipper’s VICS bill of lading must conform to the National Motor Freight Classification
(NMFC) and Uniform Classification requirements.
Carrier must call to schedule a delivery appointment.
Shipping terms must be marked on your VICS bill of lading in the “Freight Charge Terms” as 3rd Party Billing to Beall’s.
The “Third Party Charges Bill To” must show as:
Beall’s Outlet Stores
2100 47th Terrace E
Bradenton, FL 34203
The total weight in the carrier information section must include the pallet weight
Page 26 of 103
Follow these instructions if shipment is routed via Truckload
If the shipment is determined to be a volume or truck load quantity by the Beall’s Transportation Department:
 Shipper is responsible for the carton count, loading, securing and sealing the trailer. Beall’s authorized carriers do not require
their drivers to count or assist in truck loading. Truckload shipments are to be sorted and loaded in the order specified by our
Transportation Department.
 The shipper is responsible for properly securing truckloads to ensure load integrity while in transit.
 All truckload shipments must be sealed with a metal bolt seal only. Seal number and trailer number including all alpha and
numeric characters must be noted on the bill of lading. Beall’s will not accept deliveries without a metal bolt seal.
 Metal bolt seals can be purchased through American Casting 800.342.0333 or E.J. Brooks Company 800.458.7325.
VICS Bill of Lading Direct to Store
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A VICS bill of lading is required on all shipments. All vendors should only provide a VICS bill of lading, any vendor bill of
lading is unacceptable.
Bill of lading must state the following:
Ship from: Company name and shipping address
Ship to:
Beall’s Department Stores, Store Number
Store Address
City, State Zip
List all purchase orders on one VICS bill of lading.
Provide carton count by purchase order, if you are shipping pallets, you must give the number of cartons on your bill of lading.
Provide weight breakdown by purchase order.
Department number by purchase order (write in the section of “Additional Shipper Info”).
Vendor must complete the information in the “Carrier Information” section of the VICS bill of lading, including handling
quantity & type, packaging quantity & type, weight, commodity description, NMFC number and Class.
Commodity descriptions on the shipper’s VICS bill of lading must conform to the National Motor Freight Classification
(NMFC) and Uniform Classification requirements.
Seal number and trailer number including all alpha and numeric characters must be noted on the bill of lading. On multi stop
truckloads, second stop vendor must note seal number trailer arrived with.
Shipping terms must be marked on your VICS bill of lading in the “Freight Charge Terms” as 3rd Party Billing to Beall’s.
The “Third Party Charges Bill To” must show:
Beall’s Outlet Stores
2100 47th Terrace E
Bradenton, FL 34203
The total weight in the carrier information section must include the pallet weight
Vendor must notate under special instructions the carrier's appointment time, arrival time, departure time.
Air Shipments
Beall’s, Inc. will accept collect air shipments only when the following conditions have been met:
 You have negotiated with the buying office, and
 Contacted the Beall’s Transportation Department to obtain shipment authorization and carrier information.
Prepaid air shipments do not require air authorization from our Transportation Department. Do not ship freight prepaid and add freight
charges to the merchandise invoice.
Page 27 of 103
VI. Invoice Information
Product Invoice
 If merchandise is marked and packed for each store individually, each store should be invoiced individually.
 All invoices should be mailed under separate cover (e.g. not with the merchandise), to:
Bealls Inc.
Attn: Accounts Payable
P.O. Box 25030
Bradenton, FL 34206-5030
 We require that Sellers bill us for only one purchase order per invoice. Invoices with multiple purchase orders will not be
processed for payment.
 Please include your DUNs number on each invoice. Do not prepay freight and add freight charges to the merchandise
invoice. Freight charges received without prior approval from the Transportation Department will be returned unpaid to the
vendor.
 Any violation of this routing guide or the terms and conditions as outlined on the purchase order are subject to penalties. Penalties are subject to collection by Bealls Outlet Stores and its Subsidiaries or Affiliates.
VII. Domestic Carton Marking and Packing Guidelines
General requirements for all cartons:
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All shipments received by Beall’s should be in cardboard cartons.
Exterior Shipping Cartons: Cartons should be of a construction that conforms to general transportation guidelines. The
preferred carton should be “C” Flute cardboard with a thickness of 11/64” with 41 Flutes per lineal foot. Cartons should also
be a minimum of 30 LB crush.
Fragile Merchandise: All outer cartons of fragile merchandise should be marked FRAGILE in bold type. Inner packaging
materials should be the same as the exterior shipping carton guideline.
Individual carton dimensions cannot be less than 9” L x 7” W x 4” H or exceed 39” L x 30” W x 22” H.
Individual cartons cannot weigh less than 2 lbs. or more than 50 lbs. unless an individual item exceeds this weight.
Do not use metal or plastic bands or straps.
UCC-128 labels are not required for Beall’s Outlet shipments.
General Instructions for Bulk Orders and Simple Case Pack Orders
ANY SIMPLE CASE PACK ORDERS NOT RECEIVED ACCORDING TO SPECIFIC CASE PACK INSTRUCTIONS ARE SUBJECT TO CHARGEBACK TO OFFSET EXPENSES FOR NON CASE PACK PROCESSING. ADDITIONALLY: STYLES, COLORS OR SIZES RECEIVED THAT ARE NOT ON THE PURCHASE ORDER ARE SUBJECT TO A HANDLING FEE OF
$275.00 IN ADDITION TO ANY COST ADJUSTMENT THAT THE BUYER NEGOTIATES.
Due to new internal operations, it is mandatory that the “Beall’s "style” and “color” are part of the carton markings if applicable based
upon the purchase order’s level of detail.
Unless otherwise indicated on the purchase order, all orders should be packed as follows:
 Vendors must pack by style, color, and size if applicable based upon the purchase order’s level of detail. Each carton must be
packaged with only one Beall’s Outlet style, solid color and size whenever possible.
 Package each purchase order in separate cartons. Do not combine purchase orders in the same carton.
Bulk or Simple Case Pack Carton Labeling Instructions
Label each carton on one of the long sides with the following information:
 Vendor’s name and address.
 Beall’s Outlet Stores, Inc. and address.
 Purchase order number.
 Department number.
 Beall’s Style number must be on all cartons.
 Color.
Page 28 of 103



Size.
Carton count identification by purchase order. For example, PO # 1234567, 1 of 3, 2 of 3, 3 of 3.
Total Cartons.
Label Example:
Bulk or Simple Case Pack Order
From:
ABC Company
1 Taylor Road
Edison, N.J. 08817
To:
Beall’s Distribution Center # 115
2100 47th Terrace East
Bradenton, Fl. 34203
PO#:
0720034
Department #: 140
Beall’s Style#: 1234
Color:
Blue
Size:
10
Carton:
1 of 96
Total Cartons: 96
General Instructions for Complex Case Pack calls for a pre-arranged assortment of goods to be packed in either inner packs, single
cartons or, in cases where the assortment is too large for a single carton, in groups of cartons. The specific packing requirements are
spelled out on the face of the Beall’s Outlet purchase order.
ANY COMPLEX CASE PACK ORDERS NOT RECEIVED ACCORDING TO SPECIFIC CASE PACK INSTRUCTIONS ARE
SUBJECT TO CHARGEBACK TO OFFSET EXPENSES FOR NON CASE PACK PROCESSING. ADDITIONALLY: STYLES,
COLORS OR SIZES RECEIVED THAT ARE NOT ON THE PURCHASE ORDER ARE SUBJECT TO A HANDLING FEE OF
$275.00 IN ADDITION TO ANY COST ADJUSTMENT THAT THE BUYER NEGOTIATES.
All case pack orders should be packed as follows:
 Case pack merchandise is to be packed as stated in purchase order.
 Pack each "case pack" assortment in separate cartons.
 Pack each purchase order in separate cartons. Do not combine purchase orders in the same carton.
 The packing slip should be attached to outside of lead carton for each purchase order.
In some instances, multiple case pack assortments may exist on the same order. The purchase order explains how to build
these assortments and will give each assortment a unique code (an alphabetic character). When shipping orders with multiple
case pack assortments it is critical that you follow these additional carton-labeling steps for each carton (see example below).
Complex Case Pack Carton Labeling Instruction
Label each carton on one of the long sides with the following information:
 Vendor’s name and address.
 Beall’s Outlet Stores, Inc. and address.
 Purchase Order number.
 Department number.
 Case Pack quantity (per carton).
 Case Pack assortment code (e.g. A, B, C, etc.) that corresponds with the purchase order case pack being shipped.
 Carton counts by assortment code (e.g. Assortment A 1 of 2, A 2 of 2).
 Total Cartons in the shipment.
Page 29 of 103
Label Example:
Complex Case Pack With Multiple Assortments
From:
ABC Company
1 Taylor Road
Edison, N.J. 08817
To:
Beall’s Distribution Center # 115
2100 47th Terrace East
Bradenton, Fl. 34203
PO#:
Department #:
Case Pack Qty:
Case Pack Asst:
Carton ID:
Total Cartons:
0720034
140
24
A
A 1of 2
96
VIII. Packing Slip Guide Lines
All shipments must contain a packing slip on the lead carton.
Packing slips must include the number of units by:
 Purchase Order,
 Beall’s style number,
 Color, and
 Size if applicable based upon the purchase order’s level of detail.
IX. Samples of VICS Bills of Lading
Page 30 of 103
Sample #1) This VICS bill of lading is only to be utilized in zip codes 900-930, 070-079, 088-089, 100-116, 068-069
VICS Bill of Lading for use within the Commercial Zones, A) when the consolidator is making the pickup, B)
vendor dropped off at Consolidator, or C) vendor used a 3rd party to make delivery.
Page _______
Date:
BILL OF LADING
SHIP FROM
Name:
ABC Garment Manufacturing
Address:
100 North Main Street
City/State/Zip: Los Angeles, CA 90045
SID#:
Co.
Bill of Lading Number: _12345678-9____
BAR CODE SPACE
FOB: 
SHIP TO
Name:
CARRIER NAME: _____Carrier
Beall’s Outlet Stores
Location #: __________
used___________
Trailer number:
c/o City Logistics & Transport Inc
Address:
Seal number(s):
CID#:
SCAC:
Pro number:
2888 El Presidio Street
City/State/Zip: Carson, CA 90810
FOB: X
THIRD PARTY FREIGHT CHARGES BILL TO:
Name:
Address:
BAR CODE SPACE
City/State/Zip:
Freight Charge Terms:
SPECIAL INSTRUCTIONS:
Prepaid ___X___

Prepaid to the consolidator / Collect beyond
# PKGS
3rd Party _____
Master Bill of Lading: with attached
underlying Bills of Lading
(check box)
CUSTOMER ORDER NUMBER
Collect _____
CUSTOMER ORDER INFORMATION
PALLET/SLIP
WEIGHT
ADDITIONAL SHIPPER INFO
(CIRCLE ONE)
P.O. 789123
P.O. 889457
P.O. 771456
120
100
300
GRAND TOTAL
480
300
1000
520
(Y)
(Y)
(Y)
N
Y
N
Y
N
N
N
Dept. 400
Dept. 400
Dept. 650
1780
CARRIER INFORMATION
HANDLING UNIT
QTY
TYPE
8
PLTS
8
PACKAGE
QTY
TYPE
520
CTNS
520
COMMODITY DESCRIPTION
WEIGHT
H.M.
(X)
1780
Commodities requiring special or additional care or attention in handling or stowing
must be so marked and packaged as to ensure safe transportation with ordinary
care.
See Section 2(e) of NMFC Item 360
Ladies Hosiery
LTL ONLY
NMFC #
CLASS
100
RECEIVING
STAMP SPACE
GRAND TOTAL
1780
Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared
value of the property as follows:
“The agreed or declared value of the property is specifically stated by the shipper to be not exceeding
__________________ per ___________________.”
COD Amount: $ ______________________
Fee Terms: Collect:  Prepaid: 
Customer check acceptable: 
NOTE Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.  14706(c)(1)(A) and (B).
RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between
the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by
the carrier and are available to the shipper, on request, and to all applicable state and federal regulations.
The carrier shall not make delivery of this shipment without payment of
freight and all other lawful charges.
_______________________________________Shipper
Signature
SHIPPER SIGNATURE / DATE
Trailer Loaded:
Freight Counted:
CARRIER SIGNATURE / PICKUP DATE
This is to certify that the above named materials are properly classified,
packaged, marked and labeled, and are in proper condition for
transportation according to the applicable regulations of the DOT.





Carrier acknowledges receipt of packages and required placards. Carrier
certifies emergency response information was made available and/or
carrier has the DOT emergency response guidebook or equivalent
documentation in the vehicle.
By Shipper
By Driver
By Shipper
By Driver/pallets said to contain
By Driver/Pieces
Page 31 of 103
Property described above is received in good order, except as noted.
Sample #2) Do NOT utilized this VICS bill of lading if your shipping zip codes are one of the following: 900-930,
070-079, 088-089, 100-116, and 068-069
VICS Bill of Lading for use within the Consolidation Area, outside of the Commercial Zone.
Page _______
Date:
BILL OF LADING
SHIP FROM
ABC Garment Manufacturing Co.
100 North Main Street
Cranbury, NJ. 08512
Name:
Address:
City/State/Zip:
SID#:
Bill of Lading Number: _12345678-9____
BAR CODE SPACE
FOB: 
SHIP TO
Name:
CARRIER NAME: _____Carrier
Beall’s Outlet Stores
Location #: __________
used___________
Trailer number:
c/o National Retail Transportation
1624 16th Street, Building C
City/State/Zip: North Bergen, NJ 07047
Address:
Seal number(s):
CID#:
SCAC:
Pro number:
FOB:
THIRD PARTY FREIGHT CHARGES BILL TO:
Name:
Address:
BAR CODE SPACE
City/State/Zip:
Freight Charge Terms:
SPECIAL INSTRUCTIONS:
Prepaid ______

(check box)
CUSTOMER ORDER NUMBER
# PKGS
CUSTOMER ORDER INFORMATION
PALLET/SLIP
WEIGHT
Collect
3rd Party _____
__X_____ ___
Master Bill of Lading: with attached
underlying Bills of Lading
ADDITIONAL SHIPPER INFO
(CIRCLE ONE)
P.O. 789123
P.O. 889457
P.O. 771456
120
100
300
GRAND TOTAL
480
300
1000
520
(Y)
(Y)
(Y)
N
Y
N
Y
N
N
N
Dept. 400
Dept. 400
Dept. 650
1780
CARRIER INFORMATION
HANDLING UNIT
QTY
TYPE
10
PLTS
10
PACKAGE
QTY
TYPE
520
CTNS
520
COMMODITY DESCRIPTION
WEIGHT
H.M.
(X)
1780
Commodities requiring special or additional care or attention in handling or stowing
must be so marked and packaged as to ensure safe transportation with ordinary
care.
See Section 2(e) of NMFC Item 360
Ladies Hosiery
LTL ONLY
NMFC #
CLASS
100
RECEIVING
STAMP SPACE
GRAND TOTAL
1780
Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared
value of the property as follows:
“The agreed or declared value of the property is specifically stated by the shipper to be not exceeding
__________________ per ___________________.”
COD Amount: $ ______________________
Fee Terms: Collect:  Prepaid: 
Customer check acceptable: 
NOTE Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.  14706(c)(1)(A) and (B).
RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between
the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by
the carrier and are available to the shipper, on request, and to all applicable state and federal regulations.
The carrier shall not make delivery of this shipment without payment of
freight and all other lawful charges.
_______________________________________Shipper
Signature
SHIPPER SIGNATURE / DATE
Trailer Loaded:
Freight Counted:
CARRIER SIGNATURE / PICKUP DATE
This is to certify that the above named materials are properly classified,
packaged, marked and labeled, and are in proper condition for
transportation according to the applicable regulations of the DOT.





Carrier acknowledges receipt of packages and required placards. Carrier
certifies emergency response information was made available and/or
carrier has the DOT emergency response guidebook or equivalent
documentation in the vehicle.
By Shipper
By Driver
By Shipper
By Driver/pallets said to contain
By Driver/Pieces
Page 32 of 103
Property described above is received in good order, except as noted.
Sample #3) VICS Bill of Lading to be used for our Less than Truckload carriers.
Date:
Page _______
BILL OF LADING
SHIP FROM
Name:
ABC Manufacturing Co.
Address:
City/State/Zip:
SID#:
125 Riverside Drive
Atlanta, GA. 30301
Bill of Lading Number: ______________________
BAR CODE SPACE
FOB: 
SHIP TO
CARRIER NAME: _____Carrier
Name: Beall’s Outlet Stores
Address:
2100 47thTerrace East
Location #: __________
City/State/Zip Bradenton, FL. 34203
CID#:
used___________
Trailer number:
Seal number(s):
SCAC:
Pro number:
FOB: 
THIRD PARTY FREIGHT CHARGES BILL TO:
Name:
Address:
BAR CODE SPACE
City/State/Zip:
Freight Charge Terms:
SPECIAL INSTRUCTIONS:
Prepaid ______
3rd Party __
Collect
__X___

Master Bill of Lading: with attached
underlying Bills of Lading
(check box)
CUSTOMER ORDER INFORMATION
PALLET/SLIP
# PKGS
WEIGHT
CUSTOMER ORDER NUMBER
ADDITIONAL SHIPPER INFO
(CIRCLE ONE)
P.O. 789123
P.O. 889457
P.O. 771456
120
100
300
GRAND TOTAL
480
300
1000
520
(Y)
(Y)
(Y)
N
Y
N
Y
N
N
N
Dept. 400
Dept. 400
Dept. 650
1780
CARRIER INFORMATION
HANDLING UNIT
QTY
TYPE
6
PLTS
PACKAGE
QTY
TYPE
520
CTNS
COMMODITY DESCRIPTION
WEIGHT
H.M.
(X)
1780
Commodities requiring special or additional care or attention in handling or
stowing must be so marked and packaged as to ensure safe transportation with
ordinary care.
See Section 2(e) of NMFC Item 360
Ladies Hosiery
LTL ONLY
NMFC #
049940 00
CLASS
100
RECEIVING
STAMP SPACE
6
520
1780
GRAND TOTAL
Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared
value of the property as follows:
“The agreed or declared value of the property is specifically stated by the shipper to be not exceeding
__________________ per ___________________.”
COD Amount: $ ______________________
Fee Terms: Collect:  Prepaid: 
Customer check acceptable: 
NOTE Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.  14706(c)(1)(A) and (B).
RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the
carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the
carrier and are available to the shipper, on request, and to all applicable state and federal regulations.
The carrier shall not make delivery of this shipment without payment of
freight and all other lawful charges.
_______________________________________Shipper
Signature
SHIPPER SIGNATURE / DATE
Trailer Loaded:
Freight Counted:
CARRIER SIGNATURE / PICKUP DATE
This is to certify that the above named materials are properly classified,
packaged, marked and labeled, and are in proper condition for transportation
according to the applicable regulations of the DOT.




Carrier acknowledges receipt of packages and required placards. Carrier
certifies emergency response information was made available and/or
carrier has the DOT emergency response guidebook or equivalent
documentation in the vehicle.
By Shipper
By Driver
By Shipper
By Driver/pallets said to
contain

By Driver/Pieces
Page 33 of 103
Property described above is received in good order, except as
noted.
Sample #4) Sample VICS for Direct to Store Shipments
Date:
Page _______
BILL OF LADING
SHIP FROM
Name:
ABC Manufacturing Co.
Address:
City/State/Zip:
SID#:
125 Riverside Drive
Atlanta, GA.
Bill of Lading Number: ______________________
BAR CODE SPACE
FOB: 
SHIP TO
Name:
CARRIER NAME: _____Carrier
Beall’s Outlet Stores,
Location #: __________
used________
Trailer number:
Store #226
8205 S John Young Pkwy
City/State/Zip Orlando, FL 32819
Address:
Seal number(s):
CID#:
SCAC:
Pro number:
FOB: 
THIRD PARTY FREIGHT CHARGES BILL TO:
Beall’s Outlet Stores
Name:
Address:
BAR CODE SPACE
th
2100 47 Terrace East
Freight Charge Terms:
City/State/Zip: Bradenton, FL 34203
SPECIAL INSTRUCTIONS:
Prepaid ______
Collect ______
___X____
Master Bill of Lading: with attached
underlying Bills of Lading

(check box)
CUSTOMER ORDER INFORMATION
PALLET/SLIP
# PKGS
WEIGHT
CUSTOMER ORDER NUMBER
3rd Party
ADDITIONAL SHIPPER INFO
(CIRCLE ONE)
P.O. 789123
P.O. 889457
P.O. 771456
120
100
300
GRAND TOTAL
480
300
1000
520
(Y)
(Y)
(Y)
N
Y
N
Y
N
N
N
Dept. 400
Dept. 400
Dept. 650
1780
CARRIER INFORMATION
HANDLING UNIT
QTY
TYPE
5
PLTS
PACKAGE
QTY
TYPE
520
CTNS
COMMODITY DESCRIPTION
WEIGHT
H.M.
(X)
1780
Commodities requiring special or additional care or attention in handling or
stowing must be so marked and packaged as to ensure safe transportation with
ordinary care.
See Section 2(e) of NMFC Item 360
Ladies Hosiery
LTL ONLY
NMFC #
049940 00
CLASS
100
RECEIVING
STAMP SPACE
5
520
1780
GRAND TOTAL
Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared
value of the property as follows:
“The agreed or declared value of the property is specifically stated by the shipper to be not exceeding
__________________ per ___________________.”
COD Amount: $ ______________________
Fee Terms: Collect:  Prepaid: 
Customer check acceptable: 
NOTE Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.  14706(c)(1)(A) and (B).
RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the
carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the
carrier and are available to the shipper, on request, and to all applicable state and federal regulations.
The carrier shall not make delivery of this shipment without payment of
freight and all other lawful charges.
_______________________________________Shipper
Signature
SHIPPER SIGNATURE / DATE
Trailer Loaded:
Freight Counted:
CARRIER SIGNATURE / PICKUP DATE
This is to certify that the above named materials are properly classified,
packaged, marked and labeled, and are in proper condition for transportation
according to the applicable regulations of the DOT.




Carrier acknowledges receipt of packages and required placards. Carrier
certifies emergency response information was made available and/or
carrier has the DOT emergency response guidebook or equivalent
documentation in the vehicle.
By Shipper
By Driver
By Shipper
By Driver/pallets said to
contain
 By Driver/Pieces
Page 34
of 103
Property described above is received in good order, except as
noted.
Sample #5) Sample VICS for Truckload Shipments
Date:
Page _______
BILL OF LADING
SHIP FROM
Name:
ABC Manufacturing Co.
Address:
City/State/Zip:
SID#:
125 Riverside Drive
Atlanta, GA. 30301
Bill of Lading Number: ______________________
BAR CODE SPACE
FOB: 
SHIP TO
Beall’s Outlet Stores
Name:
Address:
City/State/Zip
CARRIER NAME: _____Carrier
Location #: __________
2100 47th Terrace E
Bradenton, FL 3420
Seal number(s):
SCAC:
FOB: 
CID#:
used___________
Trailer number: ABCD999999
12345
Pro number:
THIRD PARTY FREIGHT CHARGES BILL TO:
Name:
Address:
BAR CODE SPACE
City/State/Zip:
Freight Charge Terms:
SPECIAL INSTRUCTIONS: Appointment time: 12:00 pm
Arrival time: 12:00 pm Departure time: 2:00 pm
Prepaid ______
Collect _X__

Master Bill of Lading: with attached
underlying Bills of Lading
(check box)
CUSTOMER ORDER INFORMATION
PALLET/SLIP
WEIGHT
CUSTOMER ORDER NUMBER
3rd Party _____
# PKGS
ADDITIONAL SHIPPER INFO
(CIRCLE ONE)
P.O. 789254
P.O. 888123
P.O. 725896
785
100
350
GRAND TOTAL
21,000
500
6,000
1235
(Y)
N
(Y)
N
(Y)
N
Y
N
Y
N
Dept. 400
Dept. 400
Dept. 200
2025 cubic ft.
27,500
CARRIER INFORMATION
HANDLING UNIT
QTY
20
TYPE
PACKAGE
QTY
TYPE
PLTS 1235 CTNS
COMMODITY DESCRIPTION
WEIGHT
H.M.
(X)
27,500
Commodities requiring special or additional care or attention in handling or
stowing must be so marked and packaged as to ensure safe transportation with
ordinary care.
See Section 2(e) of NMFC Item 360
Ladies Hosiery
Quote Number
LTL ONLY
NMFC #
049940 00
CLASS
100
RECEIVING
STAMP SPACE
20
1235
27,500
GRAND TOTAL
Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared
value of the property as follows:
“The agreed or declared value of the property is specifically stated by the shipper to be not exceeding
__________________ per ___________________.”
COD Amount: $ ______________________
Fee Terms: Collect:  Prepaid: 
Customer check acceptable: 
NOTE Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.  14706(c)(1)(A) and (B).
RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the
carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the
carrier and are available to the shipper, on request, and to all applicable state and federal regulations.
The carrier shall not make delivery of this shipment without payment of
freight and all other lawful charges.
_______________________________________Shipper
Signature
SHIPPER SIGNATURE / DATE
Trailer Loaded:
Freight Counted:
CARRIER SIGNATURE / PICKUP DATE
This is to certify that the above named materials are properly classified,
packaged, marked and labeled, and are in proper condition for transportation
according to the applicable regulations of the DOT.




Carrier acknowledges receipt of packages and required placards. Carrier
certifies emergency response information was made available and/or
carrier has the DOT emergency response guidebook or equivalent
documentation in the vehicle.
By Shipper
By Driver
By Shipper
By Driver/pallets said to
contain
 By Driver/Pieces
Page 35 of 103
Property described above is received in good order, except as
noted.
Date:
Page _______
BILL OF LADING
SHIP FROM
Bill of Lading Number: ______________________
Name:
Address:
City/State/Zip:
SID#:
BAR CODE SPACE
FOB: 
SHIP TO
CARRIER NAME: _______________________________
Location #: __________
Name:
Address:
City/State/Zip:
CID#:
Trailer number:
Seal number(s):
SCAC:
Pro number:
FOB:
THIRD PARTY FREIGHT CHARGES BILL TO:
Name:
Address:
BAR CODE SPACE
City/State/Zip:
Freight Charge Terms:
SPECIAL INSTRUCTIONS:
Prepaid ___ ___

(check box)
CUSTOMER ORDER NUMBER
# PKGS
Collect _____
3rd Party _____
Master Bill of Lading: with attached
underlying Bills of Lading
CUSTOMER ORDER INFORMATION
PALLET/SLIP
WEIGHT
ADDITIONAL SHIPPER INFO
(CIRCLE ONE)
Y
N
Y
N
Y
N
Y
N
Y
N
GRAND TOTAL
CARRIER INFORMATION
HANDLING
UNIT
QTY
TYPE
PACKAGE
QTY
TYPE
COMMODITY DESCRIPTION
WEIGHT
H.M.
(X)
Commodities requiring special or additional care or attention in handling or stowing
must be so marked and packaged as to ensure safe transportation with ordinary care.
See Section 2(e) of NMFC Item 360
LTL ONLY
NMFC #
CLASS
RECEIVING
STAMP SPACE
GRAND TOTAL
Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared
value of the property as follows:
“The agreed or declared value of the property is specifically stated by the shipper to be not exceeding
__________________ per ___________________.”
COD Amount: $ ______________________
Fee Terms: Collect:  Prepaid: 
Customer check acceptable: 
NOTE Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.  14706(c)(1)(A) and (B).
RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between
the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by
the carrier and are available to the shipper, on request, and to all applicable state and federal regulations.
The carrier shall not make delivery of this shipment without payment of
freight and all other lawful charges.
_______________________________________Shipper
Signature
SHIPPER SIGNATURE / DATE
Trailer Loaded:
Freight Counted:
CARRIER SIGNATURE / PICKUP DATE
This is to certify that the above named materials are properly classified,
packaged, marked and labeled, and are in proper condition for transportation
according to the applicable regulations of the DOT.




Carrier acknowledges receipt of packages and required placards. Carrier
certifies emergency response information was made available and/or
carrier has the DOT emergency response guidebook or equivalent
documentation in the vehicle.
By Shipper
By Driver
By Shipper
By Driver/pallets said to
contain

By Driver/Pieces
Page 36 of 103
Property described above is received in good order, except as noted.
Date:
SUPPLEMENT VICS BILL OF LADING
Page _______
Bill of Lading Number: __________________
CUSTOMER ORDER INFORMATION
CUSTOMER ORDER
NUMBER
# PKGS
WEIGHT
PALLET/SLIP
(CIRCLE ONE)
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
Y
N
ADDITIONAL SHIPPER INFO
PAGE SUBTOTAL
CARRIER INFORMATION
HANDLING
UNIT
QTY
TYPE
PACKAGE
QTY
TYPE
COMMODITY DESCRIPTION
WEIGHT
H.M.
(X)
Commodities requiring special or additional care or attention in handling or stowing
must be so marked and packaged as to ensure safe transportation with ordinary care.
See Section 2(e) of NMFC Item 360
PAGE SUBTOTAL
37
LTL ONLY
NMFC #
CLASS
Dear Vendor Partner:
Beall's Inc. requires the utilization of our Transportation Management System for all inbound transportation to our
distribution facilities.
The link below provides step by step instructions on how to register and get started.
TMS Inbound - Vendor Operating Manual
For details on how to register or questions about TMS, please call 941-744.4658 or email us at traffic@beallsinc.com.
Please note: Truckload and LTL shipments will utilize TMS. For vendors shipping through a consolidator you will
not use the new system at this time if your shipment does not exceed 8,000 lbs, 1,200 cubic feet or 10 nonstackable pallets, please continue to contact City Logistics & Transport (on the west coast) or National Retail
Systems (on the east coast) directly to coordinate routing.
Bealls will notify you when you can utilize TMS for consolidator shipments.
Thank you for your cooperation and partnership.
Sincerely,
The Beall’s Transportation Team
38
July 30, 2009
To: All Bealls Outlet Business Partners
Bealls Outlet sets high standards for quality, performance and consumer safety for all of the
products that we carry for sale in our stores. In order to provide our customers with the highest
level of standards, we require our business partners to provide certification or documentation that
the merchandise we sell in our stores has undergone and passed any and all applicable product
testing mandated by the United States Consumer Product Safety Commission.
We ask that all vendors:
a) provide copies of certification of conformity where required by regulatory policy
b) provide certification or documentation of product testing within 48 hours of the Buyers request.
Please refer to our Purchase Order Terms and Conditions for more detailed information regarding this topic.
As a valued business partner, we ask that you share our concern for the safety and satisfaction of
our customers.
39
BEALLS OUTLET STORES, INC.
GENERAL CONFORMITY CERTIFICATE
For Adult Apparel
Certificate Date:
Certificate Issuer: Bealls Outlet Stores, Inc
Product Description:
Style Number:
Purchase Order Number:
Importer: Bealls Outlet Stores, Inc.
700 13th Avenue East
Bradenton, FL 34208
Place of Manufacture:
Date of Manufacture:
Testing Facility/Third-Party Laboratory
Name: Address: Bureau Veritas
Testing Records Maintained By
Name of Individual: Ruth Kelly
Company: Bealls Outlet Stores
Address: 700 13th Ave. East
Bradenton, FL 34208
Telephone:
Email:
Contact Person:
Date of Testing:
Place of Testing:
Telephone: 9417444418
Email: ruthk@beallsinc.com
Contact Person: Ruth Kelly
The following safety rules enforceable by the U.S. Consumer Product Safety Commission are applicable to the above-noted product (check all that apply):
Testing Protocol for :
Product:
Adult Apparel
Test
Test Method
Flammability
CFR 1610
Requirement
must pass test based on
fabric class (excluding
exempt fabrics) required
fabrications are: polar fleece,
loop terry, corduroy and
boucle
In compliance with Section 102 of the Consumer Product Safety Improvement Act
(CPSIA), I hereby certify that, pursuant to the attached test results, the above-noted product conforms to each safety rule checked above.
40
ATTACH LABORATORY TESTING RESULTS
BEALLS OUTLET STORES, INC GENERAL CONFORMITY CERTIFICATE
For Children’s Apparel
Certificate Date:
Certificate Issuer: Bealls Outlet Stores, Inc
Product Description:
Style Number:
Purchase Order Number:
Importer: Bealls Outlet Stores Inc.
700 13TH Avenue East
Bradenton, FL 34208
Place of Manufacture:
Date of Manufacture:
Testing Facility/Third-Party Laboratory
Name:
Address:
Testing Records Maintained By
Name of Individual:
Company:
Address:
Telephone:
Email:
Contact Person:
Telephone:
Email:
Contact Person:
Date of Testing:
Place of Testing:
The following safety rules enforced by the U.S. Consumer Product Safety Commission are applicable to the above-noted product (check all that apply):
Testing Protocol for :
Product:
Test
Children's Apparel
Test Method
Flammability
CFR 1615 and 1610
Requirement
must pass test based on
fabric class (excluding
exempt fabrics)
Toxic elements - lead paints on
surfaces (buttons, novelty zipper
pulls, etc.)
CFR 1303
Strangulation hazards
Visual check
Choking hazards
16 CFR 1501.4 (age 3 or younger),
16 CFR 1500.48 and
1500.49 (age 8 and younger)
Lead substrates
CH E1001-08 CH - E1002-08
Phthalates
CH - C1001-09
Requirement not to exceed
90ppm
Review for unsecured
drawstrings, tie backs, etc.
Examine garments for loose
buttons, other trim that can
be easliy removed and
become a choking hazard
Required not to exceed
100ppm
Required not to exceed
100ppm
In compliance with Section 102 of the Consumer Product Safety Improvement Act
(CPSIA), Bealls hereby certifies that, pursuant to the attached test results, the above-noted
product conforms to each safety rule checked above.
41
ATTACH LABORATORY TESTING RESULTS
Testing Protocol for :
Product:
Toys
Test
Test Method
Requirement
Toxic elements - lead
paints on surfaces
ASTM F963-03
Requirement not to exceed
100ppm
Heavy Metal contents
(Cadmium)
Cadmium in surface
coating
Shall meet requirements of metal
content levels by weight
Shall not exceed 40 ppm total
cadmium
C 738-94
ASTM E1613-04 and
E1645-01
Battery operated
ASTM F963-03
Meets requirements
Stuffing cleanliness
ASTM F963-03
Meets requirements
pacifiers, rattles &
teethers
ASTM F963-03 & ASTM
D3421
Up to 3% of total solid content
hazardous chemical
test - lead
16 CFR 1500.231
Not detected
UPLR
Manufactuer's name, address,
product identification and contents
are listed on packaging
Country of Origin
Marking
19 CFR 134.11 and visual
check
DC personel inspect all import
products for proper c/o labeling.
Goods do not get worked until
vendors send stickers to add to
the product
Age Grading
ASTM F963-07 determining
guidelines for age
appropriateness
All toys shall be labeled to
indicate the minimum age
intended for use
ASTM F963-07
Information provided for safe use
or assembly of toys in English to
be understood by persons of the
age level for whom the toy is
intended
16 CFR 1500.19 and ASTM
F963.07
Toys intended for children who are
at least 3 yrs of age but no older
than 6 must have "Warning:
choking hazard - small parts".
Warning labels for
aquatic toys
ASTM F963.07
Shall carry safety labeling on toy
& package: "Warning: this is not
a lifesaving device. Do not leave
child unattended while device is in
use."
Flammability of
texiles used in toys
Textile fabrics used in toys should
16CFR 1610 and ASTM F963- comply with fabric tests are
07
required.
labeling
Definition and
descriptions
Warning Labels
Choking hazards
Examine toys for loose or easily
removed parts that can be a
choking hazard
visual check
42
Testing Protocol for :
Acrylic drinkware and tableware
Chemical Characteristics
Test
Test Method
Requirement
Food Contact
CFR Part 177-10.10
Regulations
CFR Part 177-199
Must meet requirements
Total lead content on
painted & surface
coating
16 CFR 1303
must not exceed 90ppm
Product:
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer
and Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory
results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office
along with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
43
Product:
Testing Protocol for :
Artificial Flowers
Test
Test Method
Requirement
Labeling
16 CFR 500 , visual inspection
Manufacturer's complete name and
address on packaging
Country of Origin Marking 19 CFR 134.11 and visual check
DC personel inspect all import
products for proper c/o labeling.
Goods do not get worked until
vendors send stickers to add to the
product
Workmanship
No major defects, points or edges
that pose a potential hazard
visual check
Testing Requirements and Approval Procedures
*
1
Compliance Coordintor communicates to vendor what tests are required based on product category
2
Compliance Coordinator will note tests required on WT applications
3
Test results from vendor are sent to Compliance Coordinator for review.
4
Compliance Coordinator will notify buyer of receipt and approval of test results.
5
Compliance Coordinator sends a "Buyers Authorization to Ship" form to vendor
confirming styles are now able to be booked on a vessel.
6
Program spreadsheet will have 2 new columns - tests requested & tests received
so buyer and coordinator can track the progress of testing results receipt
7
Bookings will not be approved until all test results have been received with satisfactory
results for all items on a PO.
8
Test results and Buyers Authorization to Ship form will be filed in the import office along with the
WT application.
Buyers must be aware of what product categories require testing so first cost negotiations
include the cost of testing.
44
Testing Protocol for :
Product:
Ceramic & glassware (food contact only)
Test
Test Method
CA Prop 65 Ghost
Wipe (for external
Decoration)
NIOSH 9100
lip rim test for cups and
mugs
C927-80
Country of Origin
Marking
Lead in glaze or
enamel
4.0ug/ml
DC personel inspect all import
products for proper c/o
labeling. Goods do not get
19 CFR 134.11 and visual worked until vendors send
check
stickers to add to the product
105 CMR460
Use labeling
Toxic elements - lead
paints on surfaces
visual check
Workmanship
visual check
Dishwasher safe
Microwave Safe
Requirement
All samples will have proof that
CA Prop 65 requirements are
met
not to exceed 2ppm
Care instructions are to be in
English, clear and
understandable
Requirement not to exceed
90ppm
16 CFR 1303
Cracks or defects, no points or
rough edges during normal use
No crack, crazing, chipping or
color faded due to normal
washing
10 normal wash with
domestic detergent
fill with 80% of capacity
with water - microwave for No crack, crazing or chipping
3 min.
should occur
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer
and Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory
results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office
along with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
45
Testing Protocol for :
Product:
Table Cutlery and Flatware
Test
Test Method
Requirement
F.P.&L. Act (16CFR500)
Distributors name and address
product identification and country of
origin must be on packaging
Workmanship
visual inspection
Product must be free from cracks,
pits and other defects
Dishwasher safe
Cadmium
Lead
5 normal washings
C 738-94
C 738-94
No color change or visible damage
.5ug/ml
3.0ug/ml
Packaging
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer
and Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory
results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office
along with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
46
Testing Protocol for :
Product:
Electronics & applainces (includes DVD players)
Test
Test Method
Requirement
Labeling
Country of Origin
Marking
Safety Certification
Mark
Toxic elements - lead
paints on surfaces
16 CFR 500 , visual
inspection
NAFTA & FTCA Sect.5
Manufacturer's complete name and
address on packaging
DC personel inspect all import
products for proper c/o labeling.
Goods do not get worked until
vendors send stickers to add to the
product
document check
Provide UL Listing safety mark
Accessories
Requirement not to exceed 90ppm
Instructions and warnings shall be
provided in a manual in English.
Informing the user of potential risk of
fire, electrical shock or injury if not
UL 153
used as intended
Markings should be legible for
manuafacturer's name, address and
UL153 & maximum watts electrical rating
Major dimensions (HxWxL) excluding
measurements
flexible cord
All accessories are described in
visual check
product user manual
Workmanship
visual inspection
Stability
incline on 8 degree plane
User manual
General Markings
Product Dimensions
16 CFR 1303
Lead in PVC cable
visual
US FCC Rules
documentation
UPC Code
No crack or other visible defect
Should remain stable without
overturning
Product must bear warning "Prop 65
warning: this product contains
chemicals, including lead, known to
the State of California to cause
cancer and reproductive toxicity
Shall have valid FCC part 15V report
for verification
Power cord and plug
actual use
UL 60065 and visual
check
Temperature test
UL 60065
Battery Test
BE-EA802
47
Using a commercial bar code reader
to read the UPC code printed on the
packaging. The code shall match
with the number underneath. Record
the reading that is displayed
Inspect cord for anchorage and plug
should be 3-wire grounding type
When tested with normal operation,
maximum temperature rise allowable
on accessible surfaces
Required if product is sold with
batteries.
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer
and Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory
results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office
along with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
48
Testing Protocol for :
Product:
Seating Furniture (indor or outdoor)
Test
Test Method
Requirement
Assembly
Lead
visual inspection
EPA 3050B and 6010B
Assemble by following
manufacturer's instructions
not to exceed 100ppm
Edges & corners
visual inspection
Free from sharp points, edges
or burrs.
Stability
visual inspection
Shall not overturn when in use
Note - wood furniture needs wood origin certificate from maker
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer
and Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory
results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office
along with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
49
Product:
Testing Protocol for :
Photo Frames/Picture Frames
Test
Test Method
Requirement
Labeling
16 CFR 500 , visual inspection
Manufacturer's complete name and
address on packaging
Country of Origin Marking
19 CFR 134.11 and visual check
DC personel inspect all import
products for proper c/o labeling.
Goods do not get worked until
vendors send stickers to add to the
product
Fit for Use
actual use
Shall function as decorative item
only
Size of frame
measurement
Report the actual measurements
Photo area
measurement
Report the actual measurements
Workmanship
visual check
No cracks, blisters or visual defects
that would be a potential hazard
Testing Requirements and Approval Procedures
*
1
Compliance Coordintor communicates to vendor what tests are required based on product category
2
Compliance Coordinator will note tests required on WT applications
3
Test results from vendor are sent to Compliance Coordinator for review.
4
Compliance Coordinator will notify buyer of receipt and approval of test results.
5
Compliance Coordinator sends a "Buyers Authorization to Ship" form to vendor
confirming styles are now able to be booked on a vessel.
6
Program spreadsheet will have 2 new columns - tests requested & tests received
so buyer and coordinator can track the progress of testing results receipt
7
Bookings will not be approved until all test results have been received with satisfactory
results for all items on a PO.
8
Test results and Buyers Authorization to Ship form will be filed in the import office along with the
WT application.
Buyers must be aware of what product categories require testing so first cost negotiations
include the cost of testing.
50
Testing Protocol for :
Product:
Seasonal Decorations - non-food decorative use only
Test
Test Method
Requirement
Labeling
16 CFR 500 , visual inspection
Manufacturer's complete name
and address on packaging
19 CFR 134.11 and visual check
DC personel inspect all import
products for proper c/o labeling.
Goods do not get worked until
vendors send stickers to add to
the product
Use labeling
visual check
Care instructions are to be in
English, clear and
understandable
Workmanship
visual check
No cracks, blisters or visual
defects
Toxic elements - lead paints
on surfaces
16 CFR 1303
Requirement not to exceed,
100ppm
Hardware
visual check
All listed hardware components
must be provided
Fit for Use
actual use
Shall function as decorative item
only
visual check
No sharp points or edges. Label
as "not suitable as a toy" if
appropriate.
Country of Origin Marking
Child appealing
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer
and Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory
results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office
along with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
51
Product:
Testing Protocol for :
Wood articles (food contact only)
Test
Test Method
CA Prop 65
ITS-6572
Country of Origin
Marking
Requirement
All samples will have proof that
CA Prop 65 requirements are
met
DC personel inspect all import
products for proper c/o
labeling. Goods do not get
19 CFR 134.11 and visual
worked until vendors send
check
stickers to add to the product.
Country of origin must be
visible at time of point of
purchase.
Use labeling
visual check
Care instructions are to be in
English, clear and
understandable
Food contact
requirement
USFDA 21 and CFR
178.3800
Must meet FDA requirements
50ppm
visual check
No splinter or crack on the
item that pose potential
hazard under normal use. No
rocking on flat surface.
Workmanship
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer
and Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory
results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office
along with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
52
Testing Protocol for :
Product:
Household Rugs
Test
Test Method
Flammability Warning
Label
Visual
Requirement
Fails 16 CFR 1631 – a small
carpet or rug needs a legible,
conspicous, permanent label
in caps that states"flammable
(Fails U.S. department of
commerce FF 2-70) Should
not be used near sources of
ignition".
Flammability Testing
CFR 1630 and 1631
Must comply (pass). Can sell
a small carpet or rug that fails
16 CFR 1631 with a warning
label as stated above.
Lead In Surface
Coating (all painted
surfaces like
screenprints, etc)
16 CFR 1303
Shall not exceed 90ppm
(0.06% by weight) of total
lead.
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer
and Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory
results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office
along with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
53
Product:
Testing Protocol for :
Handbags (adult)
Test
Test Method
Requirement
Country of Origin
marking
19 CFR 134.11
Shall indicate country of origin
legibly and permanently. Must be
visible at point of purchase
CA Prop 65
CPSC Protocols
Based on CA Prop 65 requirements
Total lead content on
paints & surface
coating
16 CFR 1303
Less than .0009% by dry weight
after 8/09
Workmanship
visual inspection
No points or edges that pose an
unreasonable injury
Handbags (children)
Country of Origin
marking
19 CFR 134.11
Shall indicate country of origin
legibly and permanently. Must be
visible at point of purchase
Flammability Test
16 CFR 1500.44
Less than 0.1" per second
CPSIA
Any part of the product shall not
contain more than 100ppm
ASTM F963
Shall meet requirements
Phthalates
CPSIA
Product shall contain
concentrations below 0.1% of
DEHP, DBP, BBP, DINP, DIDP,
DNOP
Workmanship
visual inspection
No points or edges that pose an
unreasonable injury
Lead of accessible
component parts
Heavy Metal contents
(Cadmium)
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product
category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming
styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer and
Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office along
with the WT application
 Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
54
Product:
Testing Protocol for :
Jewelry (adult)
Test
Test Method
Requirement
CA Prop 65
CPSC Protocols
Based on CA Prop 65 requirements
Country of Origin
marking
Lead of accessible
component parts
Total lead & heavy
metal content on
paints & surface
coating
Heavy Metal contents
(Cadmium)
Cadmium in surface
coating
All individually packaged items
shall contain the country of origin.
19 CFR 134.11
All items shipped in bulk must
contain the country of origin on the
display package
Jewelry (children under age 6)
Any part of the product shall not
CPSIA
contain more than 100ppm
16 CFR 1303 and CPSIA
Shall meet requirements of metal
content levels by weight
Shall not exceed 40 ppm total
cadmium
Nickel release shall be less than
0.5 micrograms per sq cent.
Product shall contain
concentrations below 0.1% of
DEHP, DBP, BBP, DINP, DIDP,
DNOP
C 738-94
ASTM E1613-04 and
E1645-01
Nickel release
EN 1811 and EN12472
Phthalates
CH - C1001-09
Workmanship
visual inspection
Shall meet requirements of metal
content levels by weight.
No points or edges that pose an
unreasonable injury
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product
category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming
styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer and
Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office along
with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
55
Testing Protocol for :
Footwear - childrens
Product:
Test
Test Method
Requirement
Toxic elements - lead
paints on surfaces
16 CFR 1303 and H.R. 4040
Lead levels after 8/11 is 100
ppm.
Sharp points & edges
Visual inspection
Small parts for 3 years
old and under
16 CFR 1500/1501
Shall have no sharp
points/edges other than those
required for function
The requirement of small
parts for choking hazard
applies to all decorative trim
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product
category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming
styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer and
Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office along
with the WT application

Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
56
Testing Protocol for :
Product:
Metal Articles (Food Contact)
Test
Test Method
Requirement
CA Prop 65 Ghost Wipe
(for external
Decoration)
NIOSH 9100
All samples will have
proof that CA Prop 65
requirements are met
Lip rim test for cups
and mugs
C927-80
4.0ug/ml
Country of Origin
Marking
DC personnel inspect all
import products for
proper c/o labeling.
Goods do not get
worked until vendors
send stickers to add to
19 CFR 134.11 and visual check the product
Toxic elements - lead
paints on surfaces
16 CFR 1303
Requirement not to
exceed 90ppm
Lead & Cadmium from
interior of product
FDA CPG 7117.06, 7117.07
Cadmium level not to
exceed 0.5 ppm
Dishwasher safe
Rust or defects, no
points or rough edges
visual check
during normal use
Must be dishwasher safe
10 normal wash with domestic or have a disclaimer
detergent
visible
FDA Stainless Steel
guidelines
Vendor must provide a
declaration letter
confirming that the
GRAS - Generally Regarded as metal used with food
Safe Guidelines (food contact contact meet the FDA
only)
GRAS Guideline
Workmanship
Testing Requirements and Approval Procedures
1. Compliance Coordinator communicates to vendor what tests are required based on product
category
2. Compliance Coordinator will note tests required on WT applications
3. Test results from vendor are sent to Compliance Coordinator for review
4. Compliance Coordinator will notify buyer of receipt and approval of test results
5. Compliance Coordinator sends a “Buyers Authorization to Ship” form to vendor confirming
styles are now able to be booked on a vessel
6. Program spreadsheet will have 2 new columns – tests requested & test received so buyer and
Coordinator can track the progress of testing results receipt
7. Bookings will not be approved until all test results have been received with satisfactory results for all items on PO
8. Test results and Buyers Authorization to Ship form will be filed in the import office along
with the WT application
 Buyers must be aware of what product categories require testing so first cost negotiations include the cost of testing
57
U.S. Customs and Border Protection (CBP) “10+2” Regulation
As part of the Safe Port Act signed into law October 2006 and due to start early 2008, the Department of Homeland Security (DHS) is required to obtain cargo data from importers/shippers
prior to vessel departure as well as container movement data en route. Here are 10 data elements
required to address the commercial transaction of the shipment:
1. Manufacture Name & Address
2. Container Stuffing Location
3. Seller Name & Address
4. Consolidator Name & Address
5. Buyer Name & Address
6. Ship to Name & Address
7. Importer of Record
8. Consignee Number
9. Country of Origin
10. Commodity Harmonized Tariff Schedule Number (6 or 10 digit)
Vendors of import orders will be required to submit these data elements to Customs in our commercial documents in a timely manner to enable our freight forwarder, Expeditors International,
to transmit this data to DHS in a timely fashion as required by law.
Please continue to check our web site or the Customs web site at www.cbp.gov for further information.
58
Appendix
A. Contact List
For Requirements / Information Concerning
Contacts
Phone / Fax / E-Mail
Transportation:
 Bill of Lading
 Carton Identification
PO Compliance
 Purchase Order Packing and Carton Marking Questions
Transportation Office
(941) 744-4658
(941) 747-4378
Traffic@beallsinc.com
Sonya Noel
(941) 744-4410
snoel@beallsinc.com
 Purchase Order Violation Questions
Accounts Payable
Debbie Dyer
Vendors A-L – Marlene
Podgis
Vendors M-Z – Robin
Moreland
Delivery Appointments
Return to Vendors
Transportation Office
Transportation Office
Distribution Center Questions
Christine Soto
59
(941) 744-4146
Debbiel@beallsinc.com
(941) 744-4369
mpodgis@beallsinc.com
(941) 744-4404
rmorelan@beallsinc.com
(941) 744-4377
(941) 744-4658
(941) 747-4378
Traffic@beallsinc.com
(941) 744-4568
christis@beallsinc.com
60
Revised 6/21/2013
61
ACCEPTANCE OF ANY PURCHASE ORDER IS EXPRESSLY LIMITED TO THE
TERMS AND CONDITIONS SET FORTH HEREIN. BUYER OBJECTS TO THE INCLUSION OF ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS PROPOSED BY SELLER IN ITS ACCEPTANCE OF ANY OFFER AND IF SUCH DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS ARE INCLUDED IN SELLER’S
ACCEPTANCE, A CONTRACT WILL RESULT CONTAINING ONLY THE TERMS
AND CONDITIONS CONTAINED HEREIN.
1. GENERAL: All Purchase Orders shall be subject to any and all of the Terms and Conditions
set forth herein. In addition, by acceptance of any Purchase Order, the Seller (as defined below)
explicitly acknowledges Seller’s receipt of the Terms and Conditions, and Seller’s agreement to
be bound by the Terms and Conditions. A Purchase Order shall not be deemed enforceable
against Buyer (as defined below) unless issued to Seller in accordance with Buyer’s normal
business practice by a Merchandise Manager or duly authorized agent of Buyer, and assigned a
valid purchase order number. Seller explicitly understands and acknowledges that Buyer is subject to certain consumer product safety regulations, including, without limitation, the Consumer
Product Safety Improvement Act of 2008, as may be amended from time to time (the “CPSIA”).
2. DEFINITIONS: The defined terms used in any Purchase Order shall have the meanings specified below or in the Paragraph in which they first appear. As used herein, the term “Buyer”
means Buyer, and duly appointed buying agents of Beall’s Inc., Beall’s Imports, Inc., Beall’s
Department Stores, Inc., Beall’s Outlet Stores, Inc., Burke’s Outlet Stores, LLC, Beall’s Westgate Corporation for which it may be acting in connection with any Purchase Order. The term
“Seller” means the person, firm or corporation from whom the merchandise described in a Purchase Order has been ordered. Buyer and Seller may be referred to hereinafter individually, a
“party” or collectively, as “parties.” The term “Terms and Conditions” shall refer to all of the
terms and conditions set forth in the following: (i) in these Purchase Order Terms and Conditions, as such may be amended from time to time; (ii) on each Purchase Order, (iii) in Buyer’s
Vendor Partnership Guide, (iv) in Buyer’s Terms of Commitment to Ethical Sourcing, and (v) in
a written modification of the Terms and Conditions signed by Seller and a Merchandise Manager
or duly authorized agent of Buyer. The term “merchandise” or “goods” includes the articles described in any Purchase Order together with any labeling, packing or other work to be performed
by the Seller under the terms of any Purchase Order both before and after delivery to Buyer. The
term “in writing” or “written” includes transmissions by email and facsimile.
3. TERMS AND ACCEPTANCE: The Seller formally accepts Buyer’s Terms and Conditions,
and each Purchase Order shall become a contract between the Seller and the Buyer, when: (a) the
Purchase Order is executed by Seller; or (b) shipment of all or any portion of the goods covered
by the Purchase Order shall be made. Seller’s acceptance of the Purchase Order is expressly limited to the Terms and Conditions hereof. No provisions printed or otherwise contained in any
acknowledgement which are inconsistent with or in addition to the Terms and Conditions (specifically including, without limitation, any additional term or terms which relate to arbitration),
and no alteration of any Purchase Order, shall have any force or effect unless the Buyer expressly agrees to such additional term or terms in writing through a duly-authorized agent of the Buyer. No Purchase Order shall create a principal-agent relationship or legally binding partnership
between the Buyer and the Seller, and neither party may legally commit the other in any manner
whatsoever or incur any liability on the other party’s behalf. Buyer reserves the right to sell the
merchandise procured under any Purchase Order on any of its Internet sites or in-store kiosks.
62
4. INVOICES, DISCOUNTS, DUE DATES AND PAYMENTS: The Seller must submit an
invoice to the Buyer before any payment will be processed. The Seller’s invoices shall be forwarded to the Buyer’s Accounts Payable Department for domestic purchase orders and Buyer’s
Import Accounting & Compliance Department for import purchase orders at 700 13th Avenue
East, Bradenton, Florida, 34208, and all invoices must show the Buyer’s order number, the Seller’s merchandise style number or UPC number, quantity, unit prices and total prices. All discount terms, if any, shall be computed from the later of the date of receipt of the goods or the
date of receipt of the invoice, and invoices received on or after the 25th day of any calendar
month shall be considered received as of the 1st day of the next calendar month. Any payment
due date shall be considered extended without loss of discount until the subject invoice is received. Seller agrees to pay all domestic, foreign, federal, state or local sales, use transportation
or excise taxes, unpaid duties, or other charges. Any offsetting claim of the Buyer against the
Seller may be deducted by the Buyer from the amount of any invoice at the time of payment.
5. PRICE: If invoices are subject to discount for prepayment, Seller shall so state clearly on the
invoice so that payment can be made at Buyer’s option within the specified time period. The
price shall be FOB Port of Export unless: (i) otherwise expressly indicated on the face of the
Purchase Order (in which event the price shall be so indicated on the face of the Purchase Order); (ii) Seller uses a carrier other than a Buyer-designated carrier and Seller has not obtained
prior written authorization from Buyer to use such other carrier (in which event the price shall be
FOB destination point); or (iii) otherwise specified in Buyer’s Transportation Routing Guide.
The price entered on the face hereof may be decreased but shall not be increased for any reason,
including, without limitation, by the application of any terms of sale of Seller having the purported effect of reflecting changes in costs or other factors. In addition, no additional amounts
shall be chargeable to Buyer because of taxes or excises presently or hereafter levied on Seller.
6. CURRENCY: Unless otherwise agreed to in writing by the Buyer, all currency amounts specified in a Purchase Order shall be United States Dollars.
7. QUOTA: Seller shall have the sole and absolute responsibility for securing sufficient quota
with respect to filling the applicable order and complying in all respects with any applicable
documentation requirements, including, without limitation, securing all visas, forms and statements necessary and/or appropriate for exportation from the exporting territory and importation
and full release for consumption into the customs territory of the United States. Any denial of
entry by the United States Customs Service due to improper visa, lack of visa, failure of a visa to
accurately reflect the applicable quota category or categories, or otherwise, shall entitle Buyer, at
its sole and absolute discretion and without prejudice, to any or all of the following remedies: (i)
the right to withhold payment to Seller, (ii) actual and consequential damages, (iii) reasonable
attorneys' fees and costs, or (iv) the repayment of any penalties or liquidated damages assessed
by or paid to the United States Customs Service by Buyer.
63
8. DOCUMENTATION: The Seller shall be responsible for timely procuring and providing to
Buyer all of the following, as the case may be: (i) necessary export/import licenses; (ii) certificates of origin; (iii) visas; (iv) quotas; (v) documentation; (vi) certificates of conformity; (vii)
forms; (viii) statements and information appropriate and/or necessary for exportation from the
exporting territory, and importation into and full release for consumption into the customs territory of the United States, and (ix) certification or documentation that the merchandise has undergone and passed any and all applicable product testing mandated by the United States Consumer
Product Safety Commission, including, but not limited to, tests for lead and phthalates set forth
in the CPSIA. At Buyer’s request, Seller must: (a) provide copies of certification of conformity;
and (b) provide certification or documentation of product testing as mandated by the United
States Consumer Product Safety Commission within 48 hours of Buyer’s request. Failure to provide such documentation as required will entitle Buyer, at its discretion and without prejudice, to
withhold payment to the Seller and shall entitle Buyer to actual and consequential damages and
attorneys’ fees in connection with any such breach.
9. INSURANCE: The Seller shall procure and maintain Commercial General Liability insurance
(including products liability and completed operations) with a policy limit of Five Million Dollars ($5,000,000) per occurrence. Such insurance shall be primary and may be accomplished with
a combination of umbrella/excess policies. Policies shall contain a waiver of subrogation in favor
of Buyer and shall provide for thirty (30) days’ written notice to the Buyer in the event of any
material change or cancellation of the policies. Upon request, Seller shall furnish to Buyer a certificate of insurance evidencing conforming coverage.
10. SALES, REVENUE AND EXCISE TAXES: The Buyer does not assume or agree to pay,
and the Seller agrees to indemnify and hold harmless the Buyer from and against, any present or
future sales, revenue, excise, customs or other taxes or similar governmental charges applicable
to the transactions contemplated by any Purchase Order except to the extent that the amount and
nature of any such tax is clearly shown on the face thereof.
11. DELIVERED (OR LANDED) DUTY PAID TRANSACTIONS:
(a) If Seller is to be the importer of record, (i) the fabric content or care label shall conspicu
ously display the Seller’s RN# or WPL#, as the case may be; and (ii) the Purchase Order shall
specify such RN# or WPL# and indicate the identity and address of all production factories.
Within five (5) days of arrival by ship or within one (1) day of arrival by air, Seller will provide
Buyer with the following: (i) a copy of the customs entry evidencing release of the merchandise,
(ii) a copy of single or multiple country of origin textile declaration, (iii) a copy of visa, (iv) a
CPSC Certificate of Compliance, and (v) a copy of the bill of lading or airway bill. Seller must,
within five (5) days of Buyer’s request, obtain and provide proof that the goods were not involved in illegal transshipping. Such evidence shall include, but not be limited to, the following:
(i) records pertaining to purchase of raw materials; (ii) production records (i.e., cutting tickets,
sewing tickets, daily production records, production steps, production orders, production reports,
etc.); (iii) worker timecards; (iv) wage/salary records; (v) factory profiles; (vi) export/shipping
documents showing movement of the finished goods to the United States; (vii) similar production records, (viii) employee records, and (ix) shipping records for any OPA operations; etc.). In
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the event that Buyer reasonably believes that any goods are involved in illegal transshipping,
Buyer may cancel the order without any further obligation or penalty.
(b) Seller will hold Buyer harmless and indemnify Buyer from any and all monetary penalties
and/or fines, seizures, forfeitures, suits and claims of any nature whatsoever, either judicial (in
law or equity) or administrative, including, without limitation, all reasonable attorneys’ fees and
costs incurred in any administrative investigation or proceedings or judicial investigation or proceedings, and appeals therefore, relating to the delivered, duty paid merchandise sold to Buyer
by Seller.
12. INSPECTION: The Buyer shall have the right, on its own, or through an independent agent,
to: (a) inspect at any time during normal business hours the production facilities where the goods
are being produced; (b) inspect the goods during production; and (c) inspect and/or test goods
prior to shipment. The Seller shall cooperate with such inspections and/or tests and shall provide
all reasonable facilities and assistance for the safety and convenience of such inspectors in the
performance of such inspections. Regardless of whether an inspection has taken place during
production or prior to shipment, goods delivered (whether paid for or not) are subject to inspection, testing, and approval by the Buyer before acceptance, including, without limitation, product
testing mandated by the United States Consumer Product Safety Commission, including, but not
limited to tests for lead and phthalates set forth in the CPSIA. The Buyer shall be under no duty
to inspect goods before shipment or before resale, and shipment after any pre-shipment inspection and resale, repackaging or culling for purchase or resale, shall not be considered an acceptance of the goods so as to bar the Buyer’s right to reject them. Seller shall reimburse Buyer
for any and all inspection expenses incurred by Buyer in the event that such goods are rejected as
nonconforming. Complaints, notice of defects in goods or notice of any other breach will be considered made within a reasonable time if made a reasonable time after notification is given to the
Buyer of such defects, or notification of other breach is given to the Buyer by Buyer’s customers.
The Buyer’s return to the Seller of such defective goods shall not relieve the Seller from liability
for failing to ship satisfactory goods under any Purchase Order. Failure of the Buyer to state a
particular defect upon rejection shall not preclude the Buyer from relying on unstated defects to
justify rejection or establish breach. The Buyer has no obligation to subject the goods to wear
tests of durability or other properties as to all of which the Buyer may rely solely and absolutely
on the Seller’s warranties hereunder, including, without limitation, those set forth in Paragraphs
18 and 19 herein. Further, Buyer shall have the right to cancel any order, without incurring any
liability, for which Buyer has determined that preproduction samples do not satisfy Buyer’s quality standards. Buyer may pay for goods without thereby being deemed to have inspected or accepted them.
13. SHIPPING; DELIVERY; RISK OF LOSS: Goods not shipped in accordance with this
Paragraph will be at Seller’s risk and expense. Unless otherwise expressly consented to in writing by the Buyer, all goods shipped pursuant to a Purchase Order must be shipped via the carrier
designated by Buyer. No payment will be made for packing, boxing, drayage or storage. All
packages, correspondence, and packing slips will display Buyer’s order number, style number,
and quantity. As noted in Paragraph 8 herein, Seller shall be responsible for providing all necessary certificates of origin, export/import licenses, visas, quotas, certificates of a similar nature,
etc. to Buyer. Buyer’s offer to purchase is only open during the specified ship period between the
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‘Do Not Ship Before Date’ and ‘Cancellation Date’. Shipment made outside this period without
written exception from Buyer is subject to refusal or return and automatic charge back of freight
and handling expenses and/or automatic merchandise cost reductions. Time is of the essence of
this provision. Cure or correction of an order that does not conform to the requirements of a Purchase Order may be made only with the express written consent of Buyer. Risk of loss or damage
shall pass to Buyer when the goods sold hereunder are delivered by Seller to the carrier, unless
otherwise expressly indicated on the face of a Purchase Order (in which event risk of loss shall
be as so indicated on the face of the Purchase Order) or unless Seller uses a carrier other than a
Buyer-designated carrier and Seller has not obtained prior written authorization from Buyer and
Buyer’s Transportation Office to use such other carrier (in which event risk of loss shall pass to
Buyer when the goods sold hereunder are delivered to the “Ship To” destination). All transportation costs resulting from deviation from Buyer’s Packing and Routing Guidelines and any other
costs incurred by Buyer because of Seller’s noncompliance with the Terms and Conditions shall
be charged to Seller’s account. With prior authorization from Buyer, complete orders may be accepted prior to the specified “Ship Date”. Otherwise, acceptance of any goods shipped before
any specified “Ship Date” or after any specified “Cancel Date” is at Buyer’s sole and absolute
option, and return of any merchandise because of failure to deliver on time or to conform to the
specifications of the order, shall be at Seller’s expense and charged to Seller’s account. If Buyer
elects, in its sole and absolute discretion, to accept a shipment after the “Cancel Date”, the handling charges set forth in Buyer’s Vendor Partnership and Routing Guide may be charged to
Seller’s account. A delivery of less than all of the goods ordered shall not relieve Seller of its obligation to deliver the balance of the goods, provided that Buyer may authorize with notification
prior to delivery and retain all such partial deliveries whether or not Buyer cancels other portions
of the order. Partial delivery on time will not excuse non-delivery or late delivery of the balance,
in which case Buyer may elect to cancel the order and return goods received, or retain goods received and cancel the balance of the order. If Seller is unable to comply with the deadlines set by
Buyer or contained herein, Seller may elect to obtain an extension of time from Buyer for consent to ship goods, at Seller's expense, by air-freight or other means only after such authorization
has been obtained from Buyer and the Buyer’s Transportation Office. In such case, Buyer reserves the right to discount costs of merchandise for Seller’s noncompliance pursuant to the remedies set forth in the Buyer’s Vendor Partnership Guide.
14. MODIFICATION OF ORDER TERMS; CHANGES IN SPECIFICATIONS:
Buyer shall have the right to make, from time to time, and without notice to any sureties or assignees, changes as to packing, testing, destination, specifications, designs, and delivery schedule. The Seller shall immediately notify the Buyer of any increases or decreases in costs directly
caused by such changes and an equitable adjustment of prices or other terms hereof shall be
agreed upon in writing. Nothing contained in this clause shall relieve Seller from proceeding
without delay in the performance of the order as modified.
15. SET-OFF; RESERVATION OF ACOUNT; CREDIT BALANCE: Buyer may set off
against amounts payable under any Purchase Order, all present and future indebtedness of Seller
to Buyer arising from any other transaction whether or not related to a specific Purchase Order.
If Buyer determines that Seller’s performance under a Purchase Order is likely to be impaired,
Buyer may establish a reserve on Seller’s account to satisfy Seller’s actual or anticipated obligations to Buyer arising from any such Purchase Order, by withholding payment of Seller’s invoices. Seller agrees that any credit balance will be paid in cash to Buyer upon written request. Payments of monies owed to Buyer must be mailed to Buyer’s Accounts Receivable Department at
700 13th Avenue East, Bradenton, Florida, 34208.
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16. CONFIDENTIAL INFORMATION; NONDISCLOSURE: In order for the Seller to
manufacture the goods pursuant to Buyer's specifications, Seller may be exposed to, or learn of,
Buyer's confidential information; business practices; business and other commercial transactions;
knowledge; data; manuals; know-how; formulas; computer software; data structures; scripts; application programming interfaces; protocols; processes; ideas; inventions (whether patentable or
not); schematics and other technical business, customer and product development plans; forecasts; strategies; designs; patents; trademarks; trade names; copyrights; other intellectual property; machinery; patterns; etc. (the "Confidential Information"). Seller shall keep the Confidential
Information in the strictest confidence during and indefinitely after the term of the Purchase Order, and shall not allow, assist or facilitate the publication, revelation, release or disclosure of
any Confidential Information without prior written approval from the Buyer. The Seller will disclose such Confidential Information only to such of its employees who are reasonably needed to
use it for the purpose of fulfilling the specific order. Seller shall advise each such employee of
the confidential and proprietary nature of the Confidential Information, and of the existence and
importance of the Purchase Order. Seller shall take all reasonable steps to ensure that its supervisors and/or employees do not disclose or utilize any of such Confidential Information either for
their personal benefit or the benefit of Seller other than pursuant to the Terms and Conditions of
the Purchase Order. Any other use of the Confidential Information by Seller, its agents, subcontractors, independent contractors or employees, shall be a violation of its obligation assumed
hereunder, and at the option of Buyer, may be cause for immediate termination of any Purchase
Order and for Buyer’s pursuit of all legal and equitable remedies to which Buyer may be entitled.
All copies of written information, techniques, patents, patterns, videos and/or any other media
containing Confidential Information shall be returned by Seller to Buyer at the termination of the
Purchase Order, or otherwise at Buyer's request. The foregoing shall not apply to Confidential
Information which is in the public domain at the same time it is delivered or communicated by
Buyer, or is independently developed by Seller or is information that Seller receives from a third
party not obligated to Buyer in respect thereto.
17. WARRANTIES; COMPLIANCE WITH LAWS AND REGULATIONS:
(a) The Seller represents, warrants and guarantees, and the Seller agrees to provide the Buyer
with, upon request, a signed guaranty in the form, if any, proscribed by applicable law, before
payment hereunder is due and without loss of any discount under the terms of the Purchase Order, to the effect that: (i) good title to goods will be transferred to the Buyer, and the goods will
be free from any security interest, lien or encumbrance; (ii) goods will be merchantable and fit
for the Buyer’s intended use; (iii) goods will conform in pattern, fiber content, color, color fastness, body, durability, weave or other manufacture, finish or overall appearance to any swatches
and samples relied upon by Buyer and identified by the Buyer to the Seller; (iv) goods will conform to expanded specifications of any type put forward by Buyer and identified by the Buyer,
and to the extent that agreed specifications may not be complete, the goods will conform to the
specifications standard in the industry; (v) goods will be of best material and workmanship and
free from all defects; and (vi) all statements on the packing lists shall be accurate and the Buyer
may rely thereon.
(b) The Seller represents, warrants and guarantees that all applicable provisions of laws, ordinances, codes and regulations, including those of the United States, the states of the United
States and localities within such states, have been complied with, and that the prices and other
terms and conditions of sale and the terms on which any promotional and advertising matter are
furnished by the Seller to the Buyer comply with all such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, but as examples, the Seller agrees to pro67
vide the Buyer with a signed guaranty in the form, if any, proscribed by the respective laws before payment hereunder is due and without loss of any discount under the terms of the Purchase
Order, to the effect that: (i) the weights, measures, sizes, legends, words, particulars or descriptions, if any, stamped, printed or otherwise attached to the merchandise or containers or referring
to the merchandise delivered hereunder are true and correct and comply with law; (ii) any visa
accompanying textile and apparel merchandise exported to Buyer is in the form required by the
applicable Bilateral Textile Agreement between the United States and the exporting territory, and
any amendments thereto, and that any textile quota category reflected thereon accurately describes the exported merchandise; (iii) the genuine and true origin of its products, and the country of origin declaration(s) accompanying each shipment accurately describe(s) the true origin of
each shipment, and the Seller, its employees, agents, independent contractors and suppliers have
fully complied with all country of origin and other requirements of the U.S. Customs Service and
related agencies, and all similar requirements of other applicable jurisdictions, with respect to all
goods manufactured for the Buyer under the Purchase Order; (iv) the merchandise shipped pursuant to the Purchase Order is not misbranded or falsely advertised; (v) the goods delivered pursuant to the Purchase Order and the process of manufacturing such goods conform and comply
with the applicable provisions of: the country of origin marking requirements of Section 304 of
the Tariff Act of 1930, as amended; the Fur Products Labeling Act; the Wool Products Labeling
Act; the Flammable Fabrics Act; the Textile Fibers Products Identification Act; the Lanham Act;
the Hazardous Substances Labeling Act; the Food, Drug and Cosmetics Act; the Federal Trade
Commission Act, including, without limitation, the care labeling regulations issued pursuant
thereto; the FTC Guidelines, Trade Practice Rules and Regulations and all amendments thereto;
the wage, hour and child labor provisions of the Fair Labor Standards Act; the Robinson-Patman
Act; the Consumer Product Safety Act; the CPSIA, including, without limitation, any and all applicable product testing mandated by the United States Consumer Product Safety Commission,
specifically including, without limitation, tests for lead and phthalates set forth in the CPSIA;
and, the Fair Packaging and Labeling Act, each as amended from time to time and, if not specifically applicable in the place of manufacture, then as if each were applicable in such jurisdiction;
(vi) the goods sold comply with the applicable labeling and invoicing laws, if any; and, (vii) any
advertising matter furnished by the Seller to the Buyer complies with law.
(c) In representing, warranting and guaranteeing the genuine and true origin of its products as
set forth in Subparagraph 18(b)(iii) above, Seller agrees to maintain certain documents and records for each style number produced under the Purchase Order, as specified by Buyer, for a period of one (1) year following the date of shipment to the United States. These documents and records include, but are not limited to, the following: (i) raw material receiving records, (ii) cutting
and sewing tickets, (iii) production orders, (iv) daily production records, (v) export and shipping
records, and (vi) employee timecards and wage/payment records. Seller agrees to notify Buyer
immediately in the event that a U.S. Customs Service Textile Production Verification Team visits the production facilities of Seller or Seller’s subcontractor(s). Failure to notify Buyer of such
visit shall be grounds for Buyer to cancel any unshipped orders placed with Seller. Buyer shall
have the right to make unannounced visits to Seller’s production facilities for purposes of reviewing such production records, and Seller agrees to produce such documents for Buyer in the
event that the United States Customs Service detains entry, denies entry or assesses any penalty
or claim of liquidated damages on the grounds of alleged false claims of country of origin. Buyer
shall be entitled, at its discretion, and without prejudice, to withhold payment to Seller and to
actual and consequential damages, attorneys’ fees, and costs in connection with such a breach
including any penalties or liquidated damages assessed by or paid to the United States Customs
Service.
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(d) Seller further warrants, represents and guarantees that: (i) all merchandise purchased pursuant to any Purchase Order is compliant with any current, or later adopted, law of either the
country of manufacture or the United States governing the use of child labor, and/or governing
the importation of merchandise produced with child labor into the United States; (ii) no prison
labor is utilized in the production of any merchandise to be purchased pursuant to any Purchase
Order; (iii) Seller complies with all applicable United States governmental laws, rules and regulations governing the fair and ethical treatment of laborers and pertaining to the safety, health,
environmental and working conditions of laborers and, (iv) Seller complies with all the Terms
and Conditions.
18. INTELLECTUAL PROPERTY RIGHTS; WARRANTY AGAINST
INFRINGEMENT:
(a) Where goods ordered hereunder are made in accordance with designs, drawings, patterns,
patents, textures, marks, trademarks, trade names, copyrights, or other intellectual property
(hereinafter collectively referred to as “Intellectual Property”) presented by, or offered to, the
Buyer, its divisions, affiliates, or subsidiaries on an exclusive basis, or are to bear the Intellectual
Property of the Buyer, its divisions, affiliates, or subsidiaries, the title to any and all Intellectual
Property shall at all times vest in and remain with the Buyer. Seller expressly agrees that all uses
of Buyer's Intellectual Property shall inure to the exclusive benefit of Buyer and that the Purchase Order does not confer any goodwill or other interests in said Intellectual Property upon or
unto the Seller (other than the right to manufacture goods as specified hereunder). Solely for
purposes of rendering performance under the Purchase Order, complying with other written
specifications of the Buyer, and being bound by the terms and conditions set forth herein, Seller
is hereby granted a non-exclusive license and right to use Buyer's Intellectual Property.
(b) Seller represents and agrees it will only use Buyer’s registered Trade Names and labels
bearing Buyer’s registered Trade Names for the items covered by the Purchase Order only. Any
other use of Buyer’s Trade Names and labels not authorized by Buyer in writing is prohibited.
The goods shall not bear the trademark or other designation of the Seller (or the manufacturer if
the Seller is not the manufacturer). Seller acknowledges it shall be fully liable for damages to
Buyer for any unauthorized use of Buyer’s Trade Name and labels by Seller including all penalties prescribed or allowed by Trade Name law.
(c) Upon the Buyer’s request or upon completion of the Purchase Order, the Seller shall
promptly return to the Buyer all copies of the Buyer’s Intellectual Property.
(d) Seller represents, warrants and guarantees that all goods assembled or produced for Buyer
will only be sold, distributed or exported, pursuant to the instructions of Buyer. Further, the Seller shall not furnish to any other party or person the same or similar goods without the Buyer’s
written permission. The Seller shall not distribute, offer for sale, sell or export any overages or
rejected merchandise without the express written consent of the Buyer.
(e) Seller shall not, without obtaining Buyer's prior written consent, use in connection with
any garment or product any trademark, trade name, design, other Intellectual Property that is
confusingly or colorably similar to any of marks of the Buyer, its divisions, affiliates or subsidi69
aries, used in connection with the goods. Further, Seller shall not, without obtaining Buyer's prior written consent, use in relation to the goods a trademark or trade name which is not a trademark appearing on a label delivered to the Seller by Buyer for use on the goods.
(f) Seller shall not challenge the validity and/or distinctiveness of any of the trademarks, copyrights, designs or other Intellectual Property belonging to Buyer (or affiliated entity) or challenge either Buyer or such affiliated entity's ownership thereof or title thereto, nor will Seller, at
any time whether now or in the future, in any place throughout the World, claim any right, title
or interest in or to said trademarks, trade name, designs, patents, patterns, copyrights or other
Intellectual Property owned by, belonging to or used by Buyer.
(g) In addition to the foregoing obligations and warranties, Seller agrees to immediately notify
Buyer of any apparent infringement of or challenge to Seller’s use of any of Buyer's Intellectual
Property, or claim by any person of any rights in or to such Intellectual Property. Seller shall not
communicate with any such person other than Buyer and Buyer’s counsel in connection with any
such infringement, challenge or claim, unless otherwise authorized by Buyer. As between the
parties, Buyer shall have sole discretion to take such action, as Buyer deems appropriate in connection with the foregoing, and right to control exclusively any settlement, litigation, arbitration
or other proceeding arising out of any such alleged infringement, challenge or claim or otherwise
relating to any such Intellectual Property.
(h) Seller, at Buyer's expense, agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of Buyer or Buyer’s counsel, be necessary or advisable to protect and maintain the interests of Buyer in any litigation, proceeding or otherwise. Seller further agrees to comply with the terms and conditions set forth in
any Purchase Order, and shall also take all such other action as may reasonably be required by
Buyer to protect and preserve Buyer’s good name and trademarks.
(i) Seller may, from time to time, provide Buyer with development samples of artistic designs
for Buyer to review and evaluate whether Buyer desires to purchase such artistic designs. For a
period to be agreed upon by the parties in a separate writing, Seller agrees not to sell, offer to
sell, or distribute such development samples to any other person or entity (the “Sample Exclusivity Period”). If Buyer does not notify Seller that Buyer wishes to purchase such development
samples within the Sample Exclusivity Period, Seller may offer such samples to others.
19. REMEDIES FOR BREACH OF WARRANTY: Seller agrees to indemnify and hold
harmless Buyer against all losses, expenses and damages arising from violation or alleged violation of the law. Buyer may reject any goods which do not conform to Seller’s warranties at any
time after delivery, and before or after acceptance, when such breach of warranty becomes
known to Buyer, in any manner, including, without limitation, recognition of latent defects
(“non-conforming goods”), and Seller shall be liable for all costs, damages and losses suffered
by Buyer by reason of such nonconforming goods. If Buyer learns that non-conforming goods
have been delivered, Buyer shall have the right to do any one, or all, of the following: (a) cancel
any undelivered portion of the order and, at Buyer’s sole and absolute option, return either all of
the goods or only the non-conforming goods at Seller’s risk and expense for either credit or
prompt replacement at the invoice price; (b) repair and use the non-conforming goods, deducting
the cost incurred in such repair and use from any sums due Seller, or on demand from Buyer,
Seller will reimburse Buyer for all such costs; (c) upon notice to Seller, hold the non-conforming
goods for a reasonable time and resell or return them according to Seller’s instructions (the net
proceeds of any such resale shall be credited to Seller’s account); (d) make such adjustments as
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may be required by reason of express or implied warranties given by Buyer to its customers; and
(e) exercise any other remedies that may be available under applicable law. Buyer shall be entitled, at Buyer’s sole and absolute discretion, and without prejudice, to withhold payment to Seller and to actual and consequential damages, attorneys’ fees, and costs in connection with a
breach of any warranty of Seller, including, without limitation, any penalties or liquidated damages assessed by or paid to the United States Customs Service, or any other federal, state or local
government agency. In addition, if Seller uses any trademarks, copyrights, designs, patterns, domain names or other Intellectual Property belonging to or used by Buyer, its divisions, affiliates,
or subsidiaries, in an unauthorized manner, Buyer may obtain a temporary restraining order
and/or preliminary injunction to stop such activities, in addition to Buyer’s other remedies hereunder. In the event any goods are returned or rejected by Buyer hereunder or as otherwise set
forth in the Purchase Order, Seller shall ensure that all markings and/or goods bearing markings
which contain any trademarks specified by Buyer or which identify Buyer or any of its affiliates
in any way are destroyed, and are not sold, distributed, imported or exported.
20. NON-WAIVER; REMEDIES NOT EXCLUSIVE: Buyer’s waiver of any breach or failure to enforce any of the Terms or Conditions at any time shall in no way affect, limit or waive
Buyer’s rights hereafter to enforce strict compliance with every Term and Condition hereof. The
remedies available to Buyer pursuant to provisions of any Purchase Order shall in no way limit
any rights which Buyer may have at law or in equity by reason of any breach of any Purchase
Order or any warranties contained herein, including, without limitation, Buyer’s right to collect
from Seller special, indirect, incidental and consequential damages (including, without limitation, economic loss) resulting from such breach.
21. INDEMNIFICATION: Seller agrees to indemnify, defend, and hold harmless Buyer, Buyer’s divisions, affiliates, subsidiaries (including retail stores), successors or assigns, and their respective directors, officers, employees, agents and customers against and from all claims, suits,
damages, losses, and costs and expenses (including, but not limited to, cost of investigating, all
incidental and consequential damages, economic loss, property damage, personal injury or death,
and attorneys’ fees and costs) arising out of any claim or proceeding relating to a Purchase Order
or any contract created under a Purchase Order, or any goods or services delivered to Buyer
which involves or alleges: (a) breach by Seller of a Purchase Order or any contract applicable to
the goods purchased thereunder, or which result from any non-conforming delivery (including
late deliveries or incomplete deliveries); (b) infringement of any copyright, patent, trademark,
design, or other intellectual property (whether or not registered, and whether or not Buyer furnishes specifications) based on the manufacture, use, importation or sale of any of the goods
supplied by Seller including, without limitation, merchandise which contains labels or trademarks which belong to another, unless authorized; (c) unfair competition; (d) violations of law;
(e) personal injury or property damage; (f) failure of goods or services to comply with any express or implied warranties of Seller, which in any manner result from any defect in the goods,
non-conformity to or non-compliance with any law, rule or regulation relating to the safety, quality or design of the goods; and (g) Seller’s negligence. Buyer shall have the right to appoint
counsel for and defend itself against civil, administrative, or criminal actions, suits or proceedings arising out of the foregoing even if any of the allegations thereof are groundless, false or
fraudulent. The obligations set forth in this Paragraph shall survive the cancellation, termination
or completion of Buyer’s orders.
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22. FORCE MAJEURE: Neither party shall be liable for its failure to perform hereunder if due
to any event beyond the reasonable control of the party affected, including but not limited to, acts
of God, war, fire, bad weather, flood, explosion, accident, strikes or other labor trouble or shortage, civil disturbance, plant shutdown, devaluation or revaluation of currency, equipment failure,
or voluntary or involuntary compliance with any applicable governmental regulation or order,
which materially impairs such party’s ability to perform. Any quantities not delivered, or delivered late and refused or returned by Buyer because of any such event impeding Seller’s performance shall be eliminated from the contract. Any quantities not accepted by Buyer because of
any such event impeding Buyer’s ability to utilize the goods ordered hereunder shall be eliminated from the contract. Notwithstanding any of the foregoing, in the event any of the goods ordered
hereunder, or raw materials utilized in the manufacture thereof, become scarce or unavailable,
Seller shall fill and/or manufacture Buyer’s order first, before any allocation is made among any
of Seller’s other customers. When Buyer’s order is completely filled, Seller may then allocate to
Seller’s other customers such raw materials in any manner that Seller deems fair and reasonable.
If any such events affect Seller’s ability to perform, Seller will give written notice thereof to
Buyer within five (5) days after any such occurrence. If such inability continues for more than
ten (10) days after the date of the notice, Buyer will have the right to suspend shipment of goods
covered by Buyer’s order or orders, or to cancel Buyer’s orders, in whole or in part, at any time,
when such suspension or cancellation is caused by the situations detailed above, by other law,
order, or regulation, or other contingencies beyond the control of Buyer. Any costs incurred by
Seller in connection with any such termination will be borne by Seller.
23. DEFAULTS, CANCELLATIONS, BANKRUPTCY AND INSOLVENCY:
Buyer, at its sole and absolute discretion, may cancel any order in whole or in part without liability to Buyer by written, electronic or verbal notice: (a) if Seller shall become insolvent or make a
general assignment for the benefit of creditors; (b) if proceedings are commenced against Seller
under functionally similar laws of a similar country; (c) if, at any time, Seller shall default in performance or shall so fail to make progress in the work so as to endanger performance, and provided Seller shall not remedy such default within ten (10) days after written or electronic notice
by Buyer; or, (d) if additional duties, fees, quotas, or other restrictions are imposed on the merchandise that is the subject of a Purchase Order by the United States government or the government of the country of origin or country of exportation, beyond those which existed on the date
of the Purchase Order. After receipt of notice of any such cancellation, Seller shall transfer title
and deliver to Buyer any satisfactorily completed work, and any such work in progress as may be
directed by Buyer. If the cost of completion is in excess of the contract price, then Seller shall be
liable for such excess. However, except with respect to default of subcontractors, Seller shall not
be liable for any of the excess costs if the failure to perform arises pursuant to Paragraph 23 and
without default or negligence of Seller. If failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both Seller and the subcontractor, and without default or negligence of either of them, then Seller shall not be liable for any
excess costs for failure to perform, unless the goods to be furnished by the subcontractor were
obtainable from other sources in sufficient time to comply with the order. The term “causes beyond the control” as used herein may include those items listed in Paragraph herein, but in every
case the failure to perform must be beyond the control and without default or negligence of Seller or subcontractor, as the case may be. Wherever an actual or potential cause beyond the control
or Seller is delaying or threatening to delay the performance of Buyer’s order, Seller shall give
Buyer notice within five (5) days of the occurrence.
24. DISCRETIONARY TERMINATION: If merchandise herein is not shipped on or before
the date specified in the Purchase Order, which must be strictly observed, Buyer shall have the
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option to cancel any such Purchase Order without penalty to Buyer. Such cancellation shall be
without prejudice to any right or remedy Buyer may have by reason of Seller’s default.
25. LIMITATION OF LIABILITY: Under no circumstances shall Buyer be liable to Seller as
a result of any cancellation or otherwise for any amount in excess of the purchase price set forth
in any Purchase Order. All claims for incidental, special, exemplary, or consequential damages
are hereby waived by Seller.
26. CARGO AND SUPPLY CHAIN SECURITY: Seller agrees to: (a) meet and/or exceed US
Customs Service Customs-Trade Partnership Against Terrorism (“C-TPAT”) security requirements and Buyer’s C-TPAT Supply Chain Security Expectations; (b) develop, implement and
maintain records of a sound written plan to enhance cargo and supply chain security procedures
in accordance with the Manufacturer Security Guidelines pursuant to the U.S. Customs Service
C-TPAT Program; (c) upon request, grant access to Buyer Buyer’s agents, and/or the U.S. Customs Service to Seller’s facilities, Seller’s Supply Chain Security Plan, and any and all supporting records; and (d) implement all required and reasonable measures to ensure the integrity and
security of Seller’s shipments to Buyer in the supply chain. Buyer reserves the right to request
proof of Seller’s ability to meet and/or exceed Buyer’s and the U.S. Customs Service C-TPAT
Supply Chain Security requirements. Further, Buyer reserves the right, at its sole and absolute
discretion, to cease business relations and/or cancel any order, in whole or in part, at any time,
without liability to Buyer, by providing written or electronic notice to Seller, if Seller fails to
comply with Buyer’s C-TPAT Supply Chain Security Expectations.
27. NOTICE: All notices required or permitted by a Purchase Order shall be in written form and
shall be sent by certified or registered mail, return receipt requested, by recognized overnight
service, by personal delivery against receipt, by telecopier or other facsimile transmission or by
e-mail or other electronic transmission, and shall be deemed to have been validly served, given
or delivered (a) when delivered against receipt; (b) in the case of certified or registered mail,
seven (7) business days after deposit in the mail, postage prepaid; (c) in the case of recognized
overnight delivery services, three (3) business days after delivery to such service; or (d) in the
case of facsimile or electronic transmission, when received at the office of the noticed party. Any
written notice that is not sent in conformity with the provisions hereof shall nevertheless be effective on the date such notice is actually received by the noticed party.
28. ASSIGNMENT: Seller shall not delegate or assign any duties or claims, in whole
or in part, under any Purchase Order without Buyer’s prior written consent.
29. ENTIRE AGREEMENT; AMENDMENT; SEVERABILITY: Nothing in any Purchase
Order will require Buyer to enter into contracts for the purchase of goods or services from Seller.
Each Purchase Order and the Terms and Conditions are intended as the final expression of the
parties’ agreement and is the complete and exclusive statement of the terms thereof. No statements or agreements, oral or written, made prior to or at the signing hereof, shall vary or modify
the written terms hereof. No amendment, modification or release from any provision hereof,
shall arise out of a course of action or mutual agreement unless such agreement is in writing,
signed by the party sought to be bound, and specifically stating that it is an amendment to the
Purchase Order. If any provision of a Purchase Order is, or becomes, invalid and if that provision
is not so important that its omission would have reduced the value of the Purchase Order to either party, then the remaining provisions of such Purchase Order shall continue with the same
force and effect as if such an enforceable or invalid provision had not been included herein, provided that the Buyer shall not be required to pay for goods not delivered.
73
30. GOVERNING LAW; VENUE; JURISDICTION: Any questions concerning the validity,
interpretation or performance of any Purchase Order, shall be governed by the internal laws of
the State of Florida. Any actions brought under any Purchase Order shall be brought only in the
State or Federal courts sitting in Manatee County in the State of Florida, or in the Federal District
Court for the Tampa District in the State of Florida. The parties to the Purchase Order each consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any
jurisdictional or venue defenses otherwise
74
75
Marking Requirements for Wearing Apparel
May 2008
NOTICE:
This publication is intended to provide guidance and information to the trade community. It
reflects the position on or interpretation of the applicable laws or regulations by U.S. Customs and Border Protection (CBP) as of the date of publication, which is shown on the
front cover. It does not in any way replace or supersede those laws or regulations. Only
the latest official version of the laws or regulations is authoritative.
Publication History
First Issued September 1999
Revised January 2004
Revised July 2006
Reviewed with no changes May 2008
PRINTING NOTE:
This publication was designed for electronic distribution via the CBP website
(http://www.cbp.gov) and is being distributed in a variety of formats. It was originally set up
in Microsoft Word 2003®. Pagination and margins in downloaded versions may vary depending upon which word processor or printer you use. If you wish to maintain the original
settings, you may wish to download the .pdf version, which can then be printed using the
freely available Adobe Acrobat Reader®.
PREFACE
On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation
Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or “Mod” Act,
became effective. These provisions amended many sections of the Tariff Act of 1930 and related laws.
Two new concepts that emerge from the Mod Act are “informed compliance” and “shared responsibility,” which are premised on the idea that in order to maximize voluntary compliance
with laws and regulations of U.S. Customs and Border Protection, the trade community needs to
be clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes a
greater obligation on CBP to provide the public with improved information concerning the trade
community's rights and responsibilities under customs regulations and related laws. In addition,
both the trade and U.S. Customs and Border Protection share responsibility for carrying out
these requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C.
1484), the importer of record is responsible for using reasonable care to enter, classify and determine the value of imported merchandise and to provide any other information necessary to
enable U.S. Customs and Border Protection to properly assess duties, collect accurate statistics, and determine whether other applicable legal requirements, if any, have been met. CBP is
then responsible for fixing the final classification and value of the merchandise. An importer of
76
record’s failure to exercise reasonable care could delay release of the merchandise and, in
some cases, could result in the imposition of penalties.
Regulations and Rulings (RR) of the Office of International Trade has been given a major role in
meeting the informed compliance responsibilities of U.S. Customs and Border Protection. In order to provide information to the public, CBP has issued a series of informed compliance publications on new or revised requirements, regulations or procedures, and a variety of classification and valuation issues.
This publication, prepared by the National Commodity Specialist Division, ORR, is a study of the
marking requirements for wearing apparel. “Marking Requirements for Wearing Apparel” provides guidance regarding marking requirements of imported merchandise. We sincerely hope
that this material, together with seminars and increased access to rulings of U.S. Customs and
Border Protection, will help the trade community to improve voluntary compliance with customs
laws and to understand the relevant administrative processes.
The material in this publication is provided for general information purposes only. Because
many complicated factors can be involved in customs issues, an importer may wish to obtain a
ruling under Regulations of U.S. Customs and Border Protection, 19 C.F.R. Part 177, or to obtain advice from an expert who specializes in customs matters, for example, a licensed customs
broker, attorney or consultant.
Comments and suggestions are welcomed and should be addressed to the Executive Director,
Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection,
1300 Pennsylvania Avenue, NW, (Mint Annex), Washington, D.C. 20229.
Sandra L. Bell
Executive Director, Regulations and Rulings
Office of International Trade
COUNTRY OF ORIGIN MARKING FOR APPAREL..................................................78
Country of Origin Marking: General Requirements.................................................................78
Determining Country of Origin for Wearing Apparel..............................................................78
Marking Requirements for Wearing Apparel...........................................................................78
Special Marking Rulings..........................................................................................................79-80
Marking When Name of Country or Locality Other Than Country of Origin Appears...........80
TEXTILE FIBER IDENTIFICATION ACT AND WOOL PRODUCTS LABELING
ACT............................................................................................................................81
ADDITIONAL INFORMATION...................................................................................82
The Internet..............................................................................................................................82
Customs Regulations................................................................................................................82
Customs Bulletin......................................................................................................................82
Importing into the United States..............................................................................................82
Informed Compliance Publications..........................................................................................83
Value Publications....................................................................................................................83
“Your Comments are Important”.............................................................................................83
77
COUNTRY OF ORIGIN MARKING FOR APPAREL....
Country of Origin Marking: General Requirements:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless
excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container)
will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English
name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304
was “that the ultimate purchaser should be able to know by an inspection of the marking on
the imported goods the country of which the good is the product. The evident purpose is to
mark the good so that, at the time of purchase, the ultimate purchaser may, by knowing
where the goods were produced, be able to buy or refuse to buy them, if such marking
should influence his will.” United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302
(1940).
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to
find the marking easily and read it without strain.
Determining Country of Origin for Wearing Apparel
United States Customs laws require that all wearing apparel articles produced abroad be
marked for country of origin. The specific rules for determining origin can be found in Section 102, Customs Regulations (19 CFR 102). Guidance on country of origin determination
for wearing apparel can be found in the Informed Compliance Publication “What Every
Member of the Trade Community Should Know About: Textile & Apparel Rules of Origin”
available on Customs' Home Page on the Internet's World Wide Web (www.cbp.gov).
Marking Requirements for Wearing Apparel:
All wearing apparel items must be marked with the name of the country of origin by means
of a fabric label unless a precedent exists which has ruled in favor of another form of marking.
Following are the general rules for locating such a fabric label on upper and lower body
garments. In the case of garments that cover the upper torso such as shirts, blouses, coats,
sweaters, dresses and similar apparel, country of origin marking must be placed on the “inside center of the neck midway between the shoulder seams or in that immediate area” as
ruled by Customs in T.D. 54640 (6). “Trousers, slacks, jeans and similar wearing apparel
must be marked by means of a permanent label affixed in a conspicuous location on the
garment, such as inside the waistband” as ruled by Customs T.D. 71-264(3). This principle
would apply to shorts, skirts and similar garments.
78
Special Marking Rulings:
Screen printed marking applied directly to the fabric in the inside center of the neck area of
a knit top was found to be permanent, legible and conspicuous in HQ 562700 dated June
10, 2003; meeting requirements set forth in T.D. 54640(6). Factors considered included the
suitability of the garment fabric to accept the print matter, color contrast between the print
and background fabric so that the marking stands out, and the size of marking allowing the
ultimate purchaser to easily find and see the print without strain.
Reversible garments fall within the exception to the aforementioned neck marking requirements. A reversible front to back ladies tank top was found to be properly marked by means
of a permanent sewn-in label on the inside lower side seam and a hang tag securely attached at the neck in HQ 733890 dated December 31, 1990. And, in HQ 734692 dated October 31, 1992 it was ruled that a reversible jacket could be marked with a sewn-in label at
the inside pocket in combination with a hang tag attached to the front zipper closure.
Men’s or ladies’ two or three piece suits may be marked in the jacket of the suit if bought
and sold as a unit when all pieces are made in the same country as ruled in ORR Ruling
331-69 dated August 19, 1969.
Men’s dress shirts packaged in transparent poly bags should be marked at the neck so the
ultimate purchaser can easily read the label without opening the packaging. See HQ
732374 dated July 7, 1989.
Garment and belt made in the same country and imported and sold together as a unit - the
garment only may be marked, if found to reasonably indicate to the ultimate purchaser the
country of origin of the belt as well. See HQ 734222 dated December 9, 1991 and ORR Ruling 331-69 dated August 19, 1969.
In several rulings, Customs has held that bulk packages of work gloves (usually 1 dz. pairs
to a poly bag), which are given to employees, may be excepted from individual marking
provided that the gloves reach the "ultimate purchaser" (normally an industrial plant) in outside containers (poly bags) properly marked with the origin of the gloves and the Customs
Port Director is satisfied that the gloves will be used only in the manner described. Gloves
that are not contained in a poly bag but are fastened only by a paper band which may easily
become detached or ripped from the gloves, may not be excepted from individual marking,
as ruled in HQ 734681, dated October 16, 1992. However, Customs has held that cloth
work or garden gloves may be marked to indicate the country of origin by means of a heavy
paper folder which securely fastens the gloves together, as long as the country of origin is
shown in a legible and conspicuous manner. See Treasury Decision (T.D.) 75-222, dated
September 4, 1975. Gloves may be marked with a hang tag instead of sewn-in labels or ink
stamps, so long as the country of origin is on the front of the hang tag in reasonable proximity to the glove size, as ruled in HQ 731061, dated July 28, 1988.
Neckties and scarves which are accessory articles rather than wearing apparel with a neck
opening must be marked with a sewn-in label in a conspicuous place on the article, see HQ
559620 dated May 17, 1996. However, shawls, scarves, mufflers, mantillas, and veils containing 70 percent or more by weight of silk or silk waste classified under 6214.10.10 Harmonized Tariff Schedule of the United States, as in effect on January 1, 1997, (HTSUS), or
to articles provided for in heading 5007 of the HTSUS as in effect on January 1, 1997 (woven fabrics of silk or silk waste) are not subject to the marking requirements of 19 U.S.C.
1304(a) and (b). See 19 U.S.C. 1304(h).
79
Socks classified under 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or
6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, are required to be marked on the front of the package, adjacent to the size designation of the product. Any package that contains different types of goods and includes
socks is excepted from this requirement. TBT-06-004 New Label Marking Requirements for
Socks was issued in February 23, 2006. Miscellaneous Trade and Technical Corrections
Act of 2004, Pub. L. 108-429, 118 Stat. 2433 (Dec. 3, 2004), amending the Textile Fiber
Products Identification Act, 16 CFR Part 303.
Textile belts may be marked with a hang tag in a conspicuous place and in a manner which
assures that unless deliberately removed will remain on the article until it reaches the ultimate purchaser as ruled in HQ 733139 dated April 6, 1990.
Tie or scarf sold as an accessory to an accompanying blouse, all made from the same fabric and design, imported, sold and intended to be worn exclusively together - the tie or scarf
loses its separate identity when combined and sold with the blouse. As such, only the
blouse requires marking in accordance with HQ 729594 dated August 12, 1986 and HQ
733099 dated May 30, 1990.
Wearing apparel sold without normally being opened by the ultimate purchaser in sealed
packages may be marked on the container in accordance with 19 U.S.C. 1304 (b). See HQ
732572 dated June 7, 1990 regarding infant socks packed in a sealed disposable clear
plastic bag with a cardboard advertising card marked for country of origin; HQ 733796 dated
June 10, 1991 regarding disposable one-time use undergarments packed in heat sealed
poly bags with a paper label insert marked with country of origin; and HQ 730910 dated
September 6, 1988 regarding baby booties sold in disposable packages marked for country
of origin.
Marking When Name of Country or Locality Other Than Country of
Origin Appears:
19 CFR 134.46 states: “in any case in which the words ‘United States’, or ‘American’, the
letters ‘U.S.A’, any variation of such words or letters, or the name of any city or location in
the United States, or the name of any foreign country or locality other than the country or
locality in which the article was manufactured or produced appear on an imported article or
its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size,
the name of the country of origin preceded by ‘Made in’, ‘Product of’, or other words of similar meaning.”
Customs has determined that the following examples of articles marked with non-origin
statements trigger the requirements of 19 CFR 134.46, as they may mislead or deceive the
ultimate purchaser: “A product of ABC Corp., Chicago, Illinois”, “Manufactured and Distributed by ABC, Inc., Denver, Colorado”, “Manufactured by ABC Corp., California, U.S.A.”,
“produced for ABC Corp., Scotch Plains, N.J.”, “Designed in USA”, Made for XYZ Corp.,
California, USA”, or “Distributed by ABC Inc., Colorado, USA”.
Customs has determined that statements such as “Printed in USA”, or names of locations
which are part of the design of an article do not trigger the requirements of 19 CFR 134.46.
80
Textile Fiber Identification Act and Wool Products Labeling Act:
Pursuant to section 141.113, Custom Regulations (19 C.F.R. 141.113), textile and apparel
articles imported into the United States are required to be marked or labeled pursuant to the
Textile Fiber Products Identification Act (15 U.S.C. 70) and the Wool Products Labeling Act
(15 U.S.C. 68). These acts are enforced by the Federal Trade Commission (FTC). The following information in English must be included for marking or labeling purposes:
• Fiber content, by percentage in descending order by weight, using generic fiber names
• Fiber names approved by the FTC or by the International Organization for Standardization
(ISO) may be used. For example, either spandex (an FTC approved name) or elastane (an
ISO approved name) may be used to name the same fiber.
• Approved fiber names may be modified by other truthful, descriptive words, for example,
"pashmina cashmere" or “microfiber polyester”.
• Trademarked names can be used in conjunction with generic fiber names, for example,
“Lycra® Spandex” or “Tencel® Lyocell”, but trade names alone do not satisfy the fiber identification requirement.
• The hair of new "hybrid" wool-bearing animals may be identified with the animal name,
such as "cashgora hair" or “paco-vicuna hair”.
• The fiber content may be stated on the reverse side of a label, as long as the information
is readily accessible. The disclosure “fiber content on reverse side” is no longer required.
• Fibers that weigh less than 5 percent of the total fiber weight should not be identified by
name unless they have a definite functional significance when present in that amount. The
functional significance need not be stated on the label. For example, if a product is 3%
spandex, the label may say "3% spandex", without also stating "for elasticity". If the fiber
does not have functional significance at the level present in the product, however, it should
be identified as simply "3% other fiber".
• The name of the country of origin of the product
• Country of origin must be disclosed on the front side of a label on the inside center of the
neckline in a garment with a neckline. For other textile products, it must be on the front of a
label in a conspicuous place.
• The name of the importer, distributor, retailer, or foreign manufacturer
• Importers, distributors, and retailers may use RN numbers or WPL numbers issued by the
FTC instead of their names.
• Only companies residing in the U.S. can obtain and use RN numbers. Foreign manufacturers may use either their name or the RN or WPL number of a U.S. importer, distributor,
or retailer directly involved with the distribution of the goods.
• The responsible firm may be identified by its trademark name, provided that the trademark
name has been registered with the U.S. Patent Office and a copy of the trademark registration has been furnished to the FTC prior to its use. Trademarked brand names may not be
used to satisfy this requirement.
NOTE: The FTC is also responsible for enforcing the Trade Regulation Rule Concerning the
Care Labeling of Textile Wearing Apparel, 16 C.F.R. Part 423, which requires a permanent
label that provides care instructions on all wearing apparel, unless there is an exemption
(e.g., gloves).
For more information about these requirements, companies may contact the Federal Trade
Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C.
20580. The FTC Website at www.ftc.gov provides comprehensive information on FTC
rules and regulations for the labeling of textile products. A textile telephone information sysstem is available at 202-326-3553.
81
Additional Information....
The Internet:
The home page of U.S. Customs and Border Protection on the Internet’s World Wide Web,
provides the trade community with current, relevant information regarding CBP operations
and items of special interest. The site posts information -- which includes proposed regulations, news releases, publications and notices, etc. -- that can be searched, read on-line,
printed or downloaded to your personal computer. The web site was established as a tradefriendly mechanism to assist the importing and exporting community. The web site also links
to the home pages of many other agencies whose importing or exporting regulations that
U.S. Customs and Border Protection helps to enforce. The web site also contains a wealth
of information of interest to a broader public than the trade community. For instance, the
“Know Before You Go” publication and traveler awareness campaign is designed to help
educate international travelers.
The web address of U.S. Customs and Border Protection is http://www.cbp.gov
Customs Regulations:
The current edition of Customs and Border Protection Regulations of the United States is a
loose-leaf, subscription publication available from the Superintendent of Documents, U.S.
Government Printing Office, Washington, DC 20402; telephone (202) 512-1800. A bound
edition of Title 19, Code of Federal Regulations is also available for sale from the same address. All proposed and final regulations are published in the Federal Register, which is
published daily by the Office of the Federal Register, National Archives and Records Administration, and distributed by the Superintendent of Documents. Information about on-line access to the Federal Register may be obtained by calling (202) 512-1530 between 7 a.m.
and 5 p.m. Eastern time. These notices are also published in the weekly Customs Bulletin
described below.
Customs Bulletin:
The Customs Bulletin and Decisions (“Customs Bulletin”) is a weekly publication that contains decisions, rulings, regulatory proposals, notices and other information of interest to the
trade community. It also contains decisions issued by the U.S. Court of International Trade,
as well as customs-related decisions of the U.S. Court of Appeals for the Federal Circuit.
Each year, the Government Printing Office publishes bound volumes of the Customs Bulletin. Subscriptions may be purchased from the Superintendent of Documents at the address
and phone number listed above.
Importing into the United States:
This publication provides an overview of the importing process and contains general information about import requirements. The current edition of Importing Into the United States
contains much new and revised material brought about pursuant to the Customs Modernization Act (“Mod Act”). The Mod Act has fundamentally altered the relationship between importers and U.S. Customs and Border Protection by shifting to the importer the legal responsibility for declaring the value, classification, and rate of duty applicable to entered
merchandise.
The current edition contains a section entitled "Informed Compliance." A key component of
informed compliance is the shared responsibility between U.S. Customs and Border Protection and the import community, wherein CBP communicates its requirements to the import-
82
er, and the importer, in turn, uses reasonable care to assure that CBP is provided accurate
and timely data pertaining to his or her importation.
Single copies may be obtained from local offices of U.S. Customs and Border Protection, or
from the Office of Public Affairs, U.S. Customs and Border Protection, 1300 Pennsylvania
Avenue NW, Washington, DC 20229. An on-line version is available at the CBP web site.
Importing into the United States is also available for sale, in single copies or bulk orders,
from the Superintendent of Documents by calling (202) 512-1800, or by mail from the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA
15250-7054.
Informed Compliance Publications:
U.S. Customs and Border Protection has prepared a number of Informed Compliance publications in the “What Every Member of the Trade Community Should Know About:…” series.
Check the Internet web site http://www.cbp.gov for current publications.
Value Publications:
Customs Valuation under the Trade Agreements Act of 1979 is a 96-page book containing a
detailed narrative description of the customs valuation system, the customs valuation title of
the Trade Agreements Act (§402 of the Tariff Act of 1930, as amended by the Trade
Agreements Act of 1979 (19 U.S.C. §1401a)), the Statement of Administrative Action which
was sent to the U.S. Congress in conjunction with the TAA, regulations (19 C.F.R.
§§152.000-152.108) implementing the valuation system (a few sections of the regulations
have been amended subsequent to the publication of the book) and questions and answers
concerning the valuation system.
Customs Valuation Encyclopedia (with updates) is comprised of relevant statutory provisions, CBP Regulations implementing the statute, portions of the Customs Valuation Code,
judicial precedent, and administrative rulings involving application of valuation law. A copy
may be purchased for a nominal charge from the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7054. This publication is also
available on the Internet web site of U.S. Customs and Border Protection.
The information provided in this publication is for general information purposes only. Recognizing that many complicated factors may be involved in customs issues, an importer
may wish to obtain a ruling under CBP Regulations, 19 C.F.R. Part 177, or obtain advice
from an expert (such as a licensed Customs Broker, attorney or consultant) who specializes
in customs matters. Reliance solely on the general information in this pamphlet may not be
considered reasonable care.
Additional information may also be obtained from U.S. Customs and Border Protection ports
of entry. Please consult your telephone directory for an office near you. The listing will be
found under U.S. Government, Department of Homeland Security.
“Your Comments are Important”:
The Small Business and Regulatory Enforcement Ombudsman and 10 regional Fairness
Boards were established to receive comments from small businesses about Federal agency
enforcement activities and rate each agency’s responsiveness to small business. If you
wish to comment on the enforcement actions of U.S. Customs and Border Protection, call 1888-REG-FAIR (1-888-734-3247).
REPORT SMUGGLING 1-800-BE-ALERT OR 1-800-NO-DROGA
Visit our Internet web site: http://www.cbp.gov
83
Bealls Outlet Tickets Types:
BEALL'S OUTLET TICKET TYPES
1
3
10
OUTLET
OUTLET
1
06/30
0722261-1210
PRICE LABEL OR
PIGGYBACKS
2 for Price Tag
PRICE TAG
0722261-1210
439 86193099
10
0722261-1210
3 439 86193099
2
2
439 86193099
2
9
EXLARGE
5
9
5
12P
WESTERN
7A
COMPARE AT $28.00
COMPARE AT $28.00
6
$12.99
6
SAVE $15.01
$12.99
2 FOR
8
SAVE $15.01
7B
8
(EXACT SIZE: 1 1/2" X 2 1/4")
DUMBBELL PRICE LABEL
COMPARE AT $12.00
7A
$12.99
6
$25.00
TAGS & LABELS SHOWN NOT EXACT SIZE
7A
10
06/30
4
9
5
3
4
4
OUTLET
1
06/30
1
10
06/30
706522 1210
86193099
4
$7.99
2
9
Typical "Dumbbell" Label
(NOT EXACT SIZE)
SMALL PRICE LABEL OR ULTRA REMOVEABLE
1
439 86193099
3
702522-1210
2
9
4
COMPARE AT $28.00
$7.99
NOT EXACT SIZE
(EXACT SIZE: 1 1/2" X 1 1/4")
7A
6
** Price tags should be placed on all Apparel merchandise unless vendor hang tag is available to affix a price label on
** Price Labels should be placed on vendor hang tag (not covering vendor name) and on boxed or packaged items
** Small Labels should be placed on carded jewelry or small items
** Dumbbell labels should be placed on all bracelets, necklaces & sunglasses unless vendor hang tag is available
to affix a price label on
**WHEN APPLYING A PRICE LABEL TO A VENDOR HANG TAG NEVER COVER THE VENDOR NAME OR PRODUCT INFORMATION**
KEY:
# Item
1
2
3
4
5
6
7A
7B
8
9
10
Represents
P.O. # ………………………….6 digit purchase order number
Style # ………………………. 4 digit Bealls Outlet style number
Department # …………………3 digit Bealls Outlet department number
SKU # …………………………Stock-keeping Unit number which is assigned by Bealls Outlet
Size ……………………………Size, e.g. 7, 2T, 1X or medium, large
(In the Home Division you will enter the specific LIFESTYLE code i.e. "WESTERN")
Retail Price ……………………Price the customer will pay for the item
Compare at price ………………Indicates the compare at price for the item
2 for Pricing ……….……..…...Indicates special pricing (i.e. "2 for $25.00)
Indicates the savings or special pricing for the customer
...
Special pricing ………………….
SBU Bar Code……………......12 digit UPCA barcode assigned by Bealls Outlet
Advertising Date....................Advertising date (if applicable)
B
84
BEALL’S OUTLET TICKETING GUIDELINES
The following are the guidelines for ticket placement on all merchandise. Apply tickets according to the instructions below.
NOTE: As a general guideline, any placement of tickets should never cover:
- Product information such as size, color, dimension, directions
- Vendor/brand names
- Comparable prices
- Country of Origin
When applying “sticky” tickets, do not apply upside down or sideways on any item.
Ticketing should never compromise the integrity of the product; do not pierce apparel fabric.
APPAREL TOPS/FULL BODY:
(Misses/Women’s/Petites/Men’s/Children’s)
 Tops, Blouses, Shirts, Tanks, T-Shirts
 Dresses, Jacket Dresses, 2pc Dresses
 Sweaters, Coats, Jackets, Vests
 Bras, Camisoles, Full Slips, Briefers
 Swimwear (1& 2-pc)
 Robes, Loungewear, Activewear
 Pajamas/Nightshirts

PRICE TAG – Primary placement is to attach to the neck label; if no sewn in label or neck seem,
attach to inside seam on the left sleeve.
PRICE LABEL – If vendor hang tag is on the neck of the garment, attach label not covering vendor or product information/comp price.
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APPAREL BOTTOMS:
(Misses/Women’s/Petites/Men’s/Children’s)

Pants/Denim/Shorts
PRICE TAG – Attach to left waistband.
PRICE LABEL – If vendor hang tag is on the left waistband, attach label without covering vendor
or product information/comp price.
Accessories/Furnishings:
Gloves
PRICE LABEL – Place label on vendor product tag/label not covering vendor or product information.
PRICE TAG – Attach with secure tag to “sewn in” vendor product tag/label. The placement for
hats should be on the top as shown with secure tag.
Hats
PRICE LABEL – Place label on vendor product tag/label not covering vendor or product information.
PRICE TAG – Attach with secure tag to “sewn in” vendor product tag/label. The placement for
hats should be on the top as shown with secure tag.
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Handbags
PRICE LABEL – Place label on vendor product tag/label not covering vendor or product information.
PRICE TAG – Swift tag around handle.
Belts
PRICE LABEL – Place label on vendor product tag/label of belt.
PRICE TAG – Secure with secure tag through the buckle of belt.
Umbrellas
PRICE LABEL – Place label on vendor product tag/label of umbrella.
PRICE TAG – Secure with secure tag through the strap/handle of umbrella.
Sunglasses
PRICE TAG – Tickets should be attached to the bridge of the sunglasses.
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Accessories/Furnishings continued:
Leather Goods
PRICE LABEL – Place label on vendor product tag, label or band not covering vendor or product
information.
For boxed leather goods place label on the front lower right of the product.
PRICE TAG – Attach with secure tag or insert ticket in wallet/clear picture holder.
Ties
PRICE TAG – Attach with secure tag through vendor sewn-in label on back of tie.
Socks
PRICE LABEL – Place label on vendor product tag, label or band not covering vendor or product
information. Labels should be placed on the front of socks.
Bath & Body/Fragrances/Suncare/Cosmetics
PRICE LABEL – Single units - Place label on front of item not covering vendor or product information.
Gift Sets – Place label on front lower right not covering vendor or product information.
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Shoes (Boxed & Unboxed):
Shoes - boxed
PRICE LABEL – Place label on sock lining of right shoe (heel), do not cover size. If shoes have
vendor product tag/label, place label on vendor product tag/label not covering vendor or product information.
Boots - boxed
PRICE LABEL – For boots, label sole of arch area of right boot.
Slippers – boxed
PRICE LABEL – Label front lower right of box not covering vendor or product information.
Slippers – hanging
PRICE LABEL –If slippers have vendor product tag/label, place label on vendor product tag/label
not covering vendor or product information.
PRICE TAG – Secure footwear together with secure tag.
Beachwear/Sandals – hanging
PRICE LABEL – Place large label on right sandal, if material does not allow for label, see tag instructions below.
PRICE TAG – Secure footwear together with secure tag.
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Scarves/Shawls:
PRICE TAG – Attach with secure tag through “sewn in” vendor product tag/label.
Boxed Jewelry/Boxed Gifts:
Boxed Watches/Boxed Jewelry
PRICE LABEL – Oyster box: Place label on front lower right of box not covering vendor or product information.
Telescopic box: ticket on top. Use “Ultra Removable” labels.
For boxed jewelry, if small “Ultra Removable” label cannot fit on front lower right, label
the top lower right.
Carded Jewelry:
Earring Cards/Ring Cards/Pin Cards/Necklace foldover cards/Bracelet foldover
cards/Anklet foldover cards
PRICE LABEL – Place label on front of card. If velvet, place label on back of card not covering vendor or
product information. On velvet, if possible, label over foldover to show price and barcode.
Loose Jewelry:
Bracelets/Necklaces/Anklets
PRICE LABEL – Attach “dumbbell” ticket around eyelet hook. If vendor product tag/label, attach
label on tag/label not covering vendor or product information.
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PACKAGED ITEMS:
Socks Panties/Underwear/Dress Shirts & Ties/Leggings
PRICE LABEL – Place label on front lower right of package not covering vendor or product information/comp price.
Gifts/Housewares/Home Décor:
Large/Small Framed Art/Frames/Mirrors
PRICE LABEL – Place label on front lower right on glass or protective plastic. Also can ticket
covered corners.
Use “Ultra Removable” labels.
Place label on back of non-glass artwork, unless there are covered corners or a
protective cover, then front lower right corner.
Candles – jarred/non-jarred
PRICE LABEL – Place label on top of candle, unless wax. If wax, place on bottom of candle.
Vases/Tins/Glassware/Food/Bottles/Décor boxes/Figurines/Dinner/Flatware
PRICE LABEL – Place label on bottom. Use “Ultra Removable” label when bottom will not accommodate.
PRICE TAG – If item is large; use a visible hang tag.
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Lamps
PRICE TAG – Attach with secure tag to lamp base or neck of lamp.
Furniture
PRICE TAG – Tag on front of furniture, if no accommodations on front see label instructions below.
PRICE LABEL – Place label on back.
Metal Decor
PRICE TAG – Tag for easy visibility on front of item.
PRICE LABEL – Place on vendor product tag, not covering vendor or product information.
Nested Items/Wire-Metal non-boxed/Floral
PRICE LABEL – Place on vendor product tag, not covering vendor or product information.
If no vendor product tag, label on bottom.
PRICE TAG – Use hang tag top side or handle.
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Pillows/Comforters/Mattress Pads/Sheets
PRICE LABEL – Place on front lower right not covering vendor or product information.
PRICE TAG – Attach with secure tag through “sewn in” vendor product tag/label of pillow, rug,
or towel.
Decorative Pillows
PRICE TAG – Attach with secure tag through “sewn in” vendor product tag/label.
Towels
PRICE TAG – Attach with secure tag through “sewn in” vendor product tag/label.
Rugs
PRICE TAG – Attach with secure tag through “sewn in” vendor product tag/label.
PRICE LABEL - Place on vendor product tag, not covering vendor or product information.
Napkins/Napkin Rings
PRICE LABEL – Place under corner of napkin or on vendor product tag not covering vendor or
product information.
PRICE TAG – Attach with secure tag through around napkin ring.
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Placemats
PRICE LABEL – Place on vendor product tag not covering vendor or product information, otherwise top lower right corner.
PRICE TAG – Attach with secure tag through “sewn in” vendor product tag/label.
Luggage
PRICE LABEL – Place on vendor product tag not covering vendor or product information.
PRICE TAG – Attach with secure tag through handle.
Boxed items – Home, Toys, Appliances, Gifts

PRICE LABEL – Place on front lower right corner of box not covering vendor or product information.
Books/Media

PRICE LABEL – Place on back.
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STUFFED ANIMALS:
PRICE TAG – Attach with secure tag through “sewn in” vendor product tag/label.
PEGGED ITEMS:
Layette/Packaged Toys/ Gadgets
PRICE LABEL – Place on the front lower right of “pegged” packaged item not covering vendor or
product information.
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BEALLS OUTLET HANGER REQUIREMENTS
(If vendor is providing hangers)
Bealls Outlet is adopting the VICS change from clear to black plastic apparel hangers.
We will begin accepting these hangers immediately and will expect all deliveries after 9/30/12
to have these hangers.
This change does not impact infants, girls, boys, or ladies foundations.
Color of hangers is black.
All hangers should have colored size clips.
ALL TOPS must be shipped on 17” metal hook hangers, heavy weight black – Style 484.
Sleepwear and Loungewear is included.
Ladies Plus Size and Big Men’s should use 19” metal hook hangers, heavy weight black – Style
479.
ALL BOTTOMS must be shipped on 12” metal hook hangers, black pinch grip – Style 6012.
Sleepwear and Loungewear is included.
Exception: If fabric demands, we also use 12” metal hook hangers, soft grip pinch grip black –
Style 6212.
Ladies Plus Size and Big Men’s should use 14” metal hook hangers, soft grip pinch grip black –
Style 6014.
ALL LADIES SWIMWEAR must be shipped on 12” metal hook hangers, black pinch grip – Style
6012.
ALL MENS SUITS AND SPORTSCOATS must be shipped on a metal hook, wishbone style hanger,
black.
ALL BRAS, PANTIES, AND SLIPS must be shipped on a VICS approved “intimate apparel” hanger
or
vendor hanger.
ALL INFANT MERCHANDISE (sizes thru 24 months) must be shipped on a white kids
hanger.
ALL OTHER KIDS MERCHANDISE must be shipped on a VICS approved hanger.
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Vendor Partnership Guide – Beall’s Department Stores, Beall's Inc
Carton Label Samples
Complex Case-pack Label Sample
From: ABC Company
1 Taylor Road
Edison, NJ. 08817
To:
Beall’s Outlet Stores
2100 47th Terrace East
Bradenton FL. 34203
PO#:820034
Department #: 140
Case Pack Qty: 24
Case Pack Asst.: A
Carton ID: A1of 2
Total Cartons: 96
Bulk or Simple Case Pack Order
From: ABC Company
1 Taylor Road
Edison, NJ. 08817
To:
Beall’s Outlet Stores
2100 47th Terrace East
Bradenton FL. 34203
PO#:720034
Department #: 140
Bealls Outlet Style #: 1234
Color: Blue
Size: 10
Carton: 1 of 96
Total Cartons: 96
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Expense Offset Policies
Error Description
Expense Offset
TRANSPORTATION
Improperly sealing truckload shipment, or failure to supply accurate
information regarding truckload/volume shipments within specified
time frame or truck not being properly loaded.
Shipping collect air freight without negotiating with the buying office
and without contacting the Beall’s Traffic Office for air freight routing.
Shipping prepaid / adding freight to the merchandise invoice or failure to ship 3rd party billing as instructed.
Merchandise shipped to wrong receiving facility or Direct to Store
shipment sent to the Distribution Center
Failure to combine all shipments from the same location with the
same destination to no more than 1 shipment per week.
FOB shipping point mismatch-vendor pickup city and state
incorrect
More than 1 shipment per Purchase Order from more than 1 FOB
point.
$275 plus inbound freight
$275 plus inbound freight
$275 plus full freight
$275 plus inbound freight, plus
store delivery freight
$275 plus full freight on the smaller
or secondary order(s).
$275 plus full freight
$275 plus full freight on the larger
shipment.
PURCHASE ORDER COMPLIANCE
Advertised merchandise shipped past cancel which necessitates abnormal means of transportation to our stores to meet the ad deadline.
Merchandise shipped in violation of purchase order shipping window
or against a canceled P.O.
Not on Document (NODS) - Substitution for merchandise ordered or
any variation from the ordered styles, colors, sizes, quantities, prices
or terms.
Process Area Change – If merchandise is shipped without the required vendor services as per the purchase order, and the Distribution Center has to process the goods with a higher level of work content.
No Tickets – If the merchandise should have arrived to our Distribution Center pre-ticketed but did not.
Bad Tickets – If the tickets applied are incorrect or the bar code does
not scan correctly.
No Hangers – If the merchandise should have arrived to our Distribution Center on hangers but did not.
Unacceptable Hangers – If the merchandise arrives on unacceptable
hangers.
RTV – Damaged/Defective/Unsaleable Merchandise.
Full Inspection – initial inspection failed, partly unsaleable, requires
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$500 plus full freight to Stores plus
late ship discount below
Days
late
Disc
Days
early
Disc
1-6
20%
1-13
10%
7-13
30%
14-30
20%
14 +
40%
31 +
30%
Up to $275 per purchase order violation plus any buyer negotiated
discounts.
The cost difference per unit between the expected work content
and the actual work content based
on the new process area is calculated. Min $100, Max $1,000.
.15 per unit.
.20 per unit.
.25 per unit.
.25 per unit.
$250 plus inbound and outbound
freight.
.30 per unit.
DC to inspect each unit.
Overage
$100 handling fee plus any buyer
negotiated discounts
0-20% of order qty. - $100
21-40% of order qty. - $250
>41% of order qty. - $350
Shortage
Error Description
Expense Offset
BILL OF LADING
No BOL or Inaccurate / insufficient detail in BOL, original invoice or
UPS pickup record. Not using VICS BOL when shipping from outside of
the FOB zone. Missing or incorrect information on BOL errors may include:
-Ship to address is incorrect
-Freight terms are not marked or marked incorrectly
-Wrong or no purchase order(s) listed
-Pallet or skid is provided instead of carton count
-Failure to list carton count and weight on each purchase order (especially when shipping multiple orders)
-Department number is not provided
-National Motor Freight Classification (NMFC) is not provided
-Failure to combine purchase orders on a single BOL
$275 plus full transportation cost
CARTON IDENTIFICATION
Failure to mark outside of carton as required for your purchase order
type.
$275 Handling Charge
PACKING
Shipping cartons over the 50 lb. Weight limit or shipping banded cartons
Shipped multiple purchase orders or stores per carton
Failure to provide packing list information to the style, color, size level.
Improper sealing of full truckload or failure to properly document
trailer and seal number (s).
Unnecessary packing materials
$275 Handling Charge
Error Description
Expense Offset
$275 Handling Charge
$275 Handling Charge
$275 plus full transportation cost
$25 per receipt and .25 per unit
SHIPMENT ACCURACY
Failed Inspection and required 100% audit
.30 per unit
TMS
Incorrect entry of weight, cube, carton count and/or shipment origin
resulting in a TMS planned routing to be incorrect or unachievable
Shipment routed on a carrier other than the one specified
Freight not ready at pickup time or excessive loading time impacting
subsequent pickups
$275
$275 plus full freight
$275 plus full freight
Correspondence on any Expense Offset violations must be initiated within 6 months of the expense offset check date. We are unable to research requests older than 6 months from issue
date.
All Penalties are subject to collection by Beall’s Outlet Stores and its Subsidiaries or Affiliates
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Bealls Import Vendor Chargeback Violation Key....
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101
102
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