Table of Contents: For Vendors Introduction PO Requirements Packing & Marking Requirements Domestic Routing Guide International Routing Guide Testing Requirements A) Letter to Business Partner B) Adult Apparel C) Children’s Apparel D) Toys E) Acrylic or Plastic Tableware F) Artificial Flowers G) Ceramic & Glassware H) Cutlery I) Electronics J) Furniture K) Picture Frames L) Seasonal M) Wood Articles - Food N) Household Rugs O) Handbags P) Jewelry Q) Footwear – Children’s R) Metal Articles – Food Contact C-TPAT Appendix A) Contact List B) PO Terms & Conditions C) Marking Requirements for wearing apparel D) Ticket Types E) Ticket Placement Requirements F) Hanger Requirements G) Carton Label Samples H) Expense Offset Policies I) Bealls Import Vendor Chargeback Violation Key Page 1 of 143 Page 2 Page 3-4 Page 5-10 Page 11-14 Page 15-38 Page 39-78 Page 79-97 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87-88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98-101 Page 102-143 Page 102 Page 103-114 Page 115-123 Page 124 Page 125-135 Page 136 Page 137 Page 138-139 Page 140-143 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 143 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 1, 2016 through July 31, 2016. 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, 2016. 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 143 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 143 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 143 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 143 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 143 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 143 Bulk PO This is a traditional PO type with bulk quantities for each style/color/size. Page 9 of 143 Page 10 of 143 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”. 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 Appendix): 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 143 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 143 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 143 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 143 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, 2016 Effective: February 15, 2016 – July 31, 2016 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, 2016 – July 31, 2016 Please use the previous guide for all shipments prior to February 15, 2016. 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, 2016. 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. 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 143 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 143 I. Domestic Transportation Routing Guide Changes and Key Points Issued: February 1, 2016 Effective: February 15, 2016 – July 31, 2016 Please read each section carefully. Routing Key Points 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 143 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 A shipment can contain one or more orders. Weight is based on all order’s combined weight. 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. 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 143 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. However, this does not apply to Vendors shipping in each Commercial zone to the Consolidator. 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 143 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 24 business 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 24 business 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 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 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 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 143 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. Palletize any order 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. Smaller orders can be loaded on the same pallet as long as the cartons are kept together (not mixed). Consolidator Requirements City Logistics & Transport Inc Consolidator notification for pickup. National Retail Transportation Vendors must call to schedule a pick up no less than 24 hours prior to the order's canVendors must call to schedule a pick up no cel date (weekends and holidays not inless than 24 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 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 order 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. Smaller orders can be loaded on the same pallet as long as the cartons are kept together (not mixed). All vendors must allow LTL drivers to perform the count on the largest handling unit. For example; on palletized shipments, driver will count pallets only. 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. Page 21 of 143 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. 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. Palletize any order 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. Smaller orders can be loaded on the same pallet as long as the cartons are kept together (not mixed). 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. Page 22 of 143 Vendor must provide 2 bills of lading to the assigned driver. 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 143 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 143 Follow these instructions if shipment is routed via UPS A shipment can contain one or more orders. Weight is based on all order’s combined weight. 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. 3rd Party Billing address is: Beall’s, Inc. 2100 47th Terrace East Bradenton, FL 34203-3774 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 143 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 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 order 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. Smaller orders can be loaded on the same pallet as long as the cartons are kept together (not mixed). All vendors must allow LTL drivers to perform the count on the largest handling unit. For example; on palletized shipments, driver will count pallets only. 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 143 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 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 143 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: 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 143 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 143 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 143 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 143 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 143 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 143 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 143 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 143 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 143 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 non-stackable 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 Beall’s Outlet Stores, Inc. International Routing Guide Version 9.2015 Revised: January 2015 Beall’s Outlet Stores, Inc. 39 International Routing Guide Table of Contents Section: A. Direct Import Ocean Shipments................................................................................. 3-5 Pre-Booking Requirements ..................................................................................... 3 Booking Requirements ................................................................................................. 3 C-TPAT 7 Point Container Inspection Requirements ................................................... 4 Importer Security Filing (ISF) aka 10+2 Requirements ................................................ 4 Minimum Factory Load Requirements.......................................................................... 5 B. Import Air Shipments ................................................................................................. 6-7 C. Container Loading Requirements ................................................................................. 7 D. Required Documents for Submission to Freight Forwarder .......................................... 7 E. Import Documentation Requirements ...................................................................... 8-10 F. Import Vendor Chargeback Policy ......................................................................... 11-16 G. Import Payment Requirements ................................................................................... 17 H. Beall’s e-Invoice and Commercial Invoice Requirements ..................................... 18-19 I. Wire Transfer Payment Process ................................................................................ 20 J. Canadian Shipments .................................................................................................. 21 K. Import Carton Marking Requirements ......................................................................... 22 L. POE Shipments ..................................................................................................... 23-25 General POE Guidelines ......................................................................................... 23-24 POE - Port to Port Shipments ................................................................................. 24-25 POE – Door to Door Shipments .............................................................................. 25 M. Beall’s Import Contacts…. .......................................................................................... 26 N. Exhibits… .............................................................................................................. 27-36 Exhibit I – Beall’s Air Authorization Form ............................................................. 27-28 Exhibit II – Canadian Shipment Routing Request Form............................................ 29 Exhibit III – POE Worksheet ............................................................................ 30-31 Exhibit IV- Beall’s C-TPAT Container 7-Point Inspection Form ............................ 32 40 Exhibit V – C-TPAT Ocean Container 7-Point Security Inspection Guide ............ 33 Exhibit VI – Ocean Container Defect Reference Guide ........................................ 34 Exhibit VII – Blank CF3461 Form (Customs Clearance) ...................................... 35 Exhibit VIII – Sample FCR (showing Ship to & Notify Parties) ............................. 36 41 A. Direct Import Ocean Shipments 1. PRE-BOOKING REQUEST REQUIREMENTS: a. Beall’s Outlet Stores, Inc. Freight Forwarder Yusen Logistics (formerly NYK Logistics) will contact vendors 7-14 days prior to the start date of the PO shipping window to request an order status update. b. For all direct import ocean shipments in which Beall’s Outlet Stores, Inc. is the Importer of Record and responsible for the ocean freight, vendor must contact our freight forwarder Yusen Logistics origin office to submit booking request. A complete list of Yusen Logistics office locations by city can be found at http://griffin.hk.yusen-logistics.com/ebooking c. All vendors must submit bookings via Yusen Logistics e-booking process. No exceptions. d. To register for vendor e-booking with Yusen Logistics, click on http://griffin.hk.yusen-logistics.com/ebooking Select Beall’s Imports, Inc. / Beall’s Outlet Stores, Inc. and download the e-booking registration form. Complete form and submit to Yusen Logistics for processing. Yusen Logistics will process your application and advise log-in information within 24-48 hours of receipt. e. Vendor must ensure that all of Beall’s testing protocols (per PO requirements) have been met and test results submitted to Beall’s Outlet Compliance Manager for approval PRIOR to submitting booking request. f. 2. For orders requiring hazard lab tests per Beall’s Testing Protocols, vendors must ensure that they have proof of Beall’s Outlet Compliance Manager’s approval of vendor-submitted hazard lab test results prior to submitting booking request. BOOKING REQUEST REQUIREMENTS: a. Vendor is to submit booking request for approval AFTER the cargo has passed all of Beall’s PO testing requirements (i.e. hazard and quality) and received Beall’s testing acceptance from the buying office. b. Booking requests are to be submitted a minimum of 7 days prior to physical cargo ready date and after vendor has received proof of Beall’s approval of submitted lab test results. c. For orders requiring hazard testing, vendor must include the following with their booking request: proof of Beall’s approval of the lab test results, and/or Beall’s issued “General Conformity Certificate.” d. Booking request must include the following information: i. ii. iii. iv. v. vi. vii. viii. Purchase order # Total # of cartons per purchase order Total # of cbms by purchase order Total # of kilograms by purchase order Total number of cartons on booking request Total number of cbms on booking request Total number of kilograms on booking request Cargo Ready Date- This date is defined as the date the shipment has: completed production, passed all Beall’s required testing (hazard and quality), factory has received Beall’s acceptance and approval of testing results, and cargo is physically ready to load. e. If the shipment requires Fish and Wildlife clearance, it must be noted on the booking request. Failure to do so will result in a vendor chargeback. See Beall’s Import Vendor Chargeback Violation Key for more details. 42 f. DO NOT REQUEST SHIPPING APPROVALS FROM THE BUYERS / BUYING OFFICE. ALL SHIPMENTS MUST BE APPROVED BY BEALL’S IMPORT TRANSPORTATION DEPARTMENT ONLY! NO EXCEPTIONS. g. All booking requests must be submitted to Yusen Logistics to be forwarded to Beall’s Import Transportation Department for approval. Please allow 48 hours for booking request approval (excluding weekends and holidays.) 3. C-TPAT CONTAINER 7-POINT INSPECTION REQUIREMENTS: a. Vendors approved to ship factory loaded containers to Beall’s are required to complete a “C-TPAT Container 7-point Inspection Form.” This requirement is also applicable to containers that are to be “Delivered Duty Paid.” Failure to adhere to this requirement will result in a vendor chargeback Code CT-1: $250.00 administrative chargeback. See Section L (POE) and Section F (Import Vendor Chargeback Policy) / Chargeback Schedule for more details. b. Completed “C-TPAT 7-Point Container Inspection forms” are to be forwarded as follows: Copy to be included with documents submitted to Freight Forwarder (Yusen Logistics) for US Customs entry purposes Original to be included with documents submitted to Beall’s Import Accounting/Compliance Dept. for direct wire transfer/check payments or to LC issuing bank for LC payments. Failure to include a completed 7-point inspection form in commercial document packets will result in delayed payments and/or vendor chargebacks. (Applicable for vendors shipping Factory Container Loads ONLY! Note: Factory Loaded Containers include direct import (FOB); Delivered Duty Paid (DDP) and Landed Duty Paid (LDP/POE) terms) 4. IMPORTER SECURITY FILING (10+2) REQUIREMENTS: a. Vendor must use Beall’s Outlet Stores, Inc. e-Invoice system. NO OTHER COMMERCIAL INVOICE FORMAT WILL BE ACCEPTED FOR ISF, PAYMENT or CUSTOMS ENTRY. b. It is imperative that vendors submit accurate information for Beall’s ISF purposes. The “buying agent” should never be listed as the “seller” on the booking or paperwork. Failure to submit correct details on booking and/or documents will result in a vendor chargeback. c. 1 2 3 4 5 6 7 8 9 10 Should Beall’s incur any ISF fines/penalties from US Customs due to vendor documentation errors, Beall’s will chargeback vendor for all fees incurred plus a USD$1,000.00 administrative charge. See Chargeback Schedule for more details. Data Element Seller (full name & address) Buyer / Sold to (full name & address) Ship To (full name & address) Importer of Record (IOR) # Consignee # (same as IOR#) Country of Origin Commodity HTS # Vendor MUST use Beall’s assigned HTS #’s as uploaded on Beall’s PO to vendor.) Actual Manufacturer (Full name & address) *Container Stuffing Location (Full name & address) This info will be provided by the freight forwarder when the booking request has been approved. Vendor must include this info on the original invoice surrendered with the cargo and for payment. *Consolidator (Stuffer) (Full name & address) This info will be provided by the freight forwarder when the booking request has been approved. Vendor must include this info on the original invoice surrendered with the cargo and for payment. 43 *Beall’s understands that data elements #9 & #10 might not be available at the time booking request is submitted for consolidated shipments. However, Yusen Logistics origin offices can provide this information to vendors. It is the vendor’s responsibility to ensure that these two data elements are included on all docs submitted with the cargo for Customs entry purposes and payment. Failure to include this data will result in chargebacks. 4. MINIMUM FACTORY LOAD REQUIREMENTS: Factory loading Beall’s shipments is a vendor privilege. a. Vendors approved to ship factory container loads (FCL) to Beall’s are required to visually inspect the container (prior to loading) and complete a “C-TPAT 7-point Container Inspection Form.” It is the vendor’s responsibility to ensure that the container is secure and fit to convey Beall’s merchandise before loading. This includes any odiferous / unusual odors (ex: fishy smells). Any charges arising from vendor’s failure to ensure the container meets Beall’s C-TPAT container security requirements will be charged back to the vendor. Failure to include a completed 7-point inspection form in commercial document packets will result in delayed payments and/or vendor chargebacks. Note: Factory Loaded Containers include direct import (FOB); Delivered Duty Paid (DDP) and Landed Duty Paid (LDP/POE) terms) Applicable for vendors shipping Factory Container Loads ONLY! b. All factory loaded containers must be sealed with a high security seal that would require destruction to be removed. All seals must meet or exceed the minimum ISO/PAS 17712 security requirements. See “Beall’s C-TPAT Expectations for Agents, Vendors & Manufacturers” or visit the US Customs website at www.cbp.gov for more info on C-TPAT container / seal security. c. To ensure full utilization of container space, Beall’s required minimum CBMs per container size are listed below. If minimum requirements are not met, Beall’s reserves the right to approve booking request as a consolidated load and have the vendor deliver the shipment to the freight forwarder for consolidation. d. For vendors whose cargo does not meet Beall’s minimum container loading requirements, Beall’s offers the option for vendors to factory load if they pay for the container “deadspace” up to Beall’s minimum container requirements. All vendor deadspace payment agreements must be in writing on the vendor booking via Yusen Logistics and approved by Beall’s Import Transportation Dept. Beall’s will approve shipment for consolidation unless deadspace payment agreement is in writing. Beall’s Import Transportation Dept. will provide the deadspace amount to be deducted in the form of a chargeback to Beall’s Import Accounting & Compliance Dept. for deduction from the vendor merchandise payment. e. Vendors please DO NOT add container “deadspace” charges to commercial invoice. Beall’s Import Accounting & Compliance Dept. will deduct all deadspace charges from the merchandise payment. Container Size Beall’s Min. CBM Beall’s CBM Goal Per Per Container Cubic feet Container Cubic Feet Actual Cubic Ft Capacity per Container* 1x20 27 954 29 1024 1173* 1x40 57 1978 58 2048 2390* 1x40HR 57 1978 58 2048 2390* 1x40H 67 2331 68 2401 2690* 1x45 77 2684 78 2755 3040* *Actual cubic foot capacity is based on the average container sizes of our approved ocean carriers. 44 B. Import Air Shipments Beall’s will accept collect or prepaid air shipments only when the following conditions have been met: 1. Vendor has negotiated with the Beall’s Outlet buying office and the buying office has forwarded an "Air Authorization Form" to the vendor for completion of contacts/factory and shipment details. Vendor will complete both pages and return the form to the buyer for GMM and DVP Transportation required signatures. NOTE: All air authorization forms must be authorized and signed by the Beall’s Imports, Inc. General Merchandising Manager (GMM) and DVP Transportation. NO EXCEPTIONS. 2. Upon approval and signature by the Beall’s Outlet GMM, the buyer will e-mail the signed air authorization form to Beall’s Import Transportation Dept. for DVP Transportation signature. 3. Import Transportation will forward DVP Transportation endorsed air authorization form to the buyer and to Yusen Logistics. (Buyer will forward GMM & DVP Transportation endorsed Air Authorization Form to vendor for presentation to Freight Forwarder with e-booking request). 4. Vendors must submit all air booking requests to Yusen Logistics via e-booking with a copy of the Beall’s signed air authorization form for booking approval by Beall’s Import Transportation regardless of terms (i.e. Difference of Ocean and Air, Vendor pays 100%) Yusen Logistics will match the endorsed air authorization form with the e-booking by the vendor/agent/booking agent. Upon approval, Yusen will advise the vendor of approved air carrier on the e-booking. 5. NOTE: Air authorization form must include a completed worksheet which requires the following information: (See Exhibit I - pg. 2 of Air Authorization Form) 1. FOB Point, 2. Purchase order numbers, 3. Number of cartons by PO, 4. Dimension of cartons by PO in CBMs and inches 5. Totals 6. Weight (in kilograms) 6. All vendors approved to air Beall’s merchandise must use Beall’s freight forwarder for all Beall’s air shipments. NO EXCEPTIONS! Beall’s Freight Forwarder, Yusen Logistics will designate the air carrier to be used. 7. If the terms on the air authorization form are the "difference between ocean and air", Beall’s Outlet will pay the amount the shipment would cost Beall’s if shipped via ocean (Beall’s ocean freight rates are all-inclusive to Beall’s DC door). The freight charges are calculated FOB airport to Beall’s DC door. 8. Air shipments are from FOB airport to Beall’s DC. 9. The vendor must prepay their portion of the shipment costs to Yusen Logistics (at origin) before the shipment will be aired. 10. If the vendor is responsible for 100% of shipment transportation charges, the terms are 100% to our DC (not airport to airport). The vendor must submit the e-booking request to our freight forwarder Yusen Logistics for Beall’s approval to ship and visibility. 11. If an air shipment arrives in the USA without prior Beall’s notification and approval, the vendor will be penalized with a charge back of any/all charges incurred by Beall’s plus an administrative charge. NO EXCEPTIONS. See vendor chargeback schedule for more details. 12. Beall’s Import Accounting & Compliance Dept. and Yusen Logistics CHB must be listed as notify parties on the FCR, House Airway Bill (HAWB) and Master Airway Bill (MAWB) as per below (See Exhibit VIII) 45 Notify Party#1: BEALL'S INC. Notify Party#2: YUSEN LOGISTICS (AMERICAS) INC. 700 13TH AVENUE EAST ATTN:IAC DEPT 691 AIRPORT SOUTH PARKWAY BRADENTON, FL 34208 (USA) COLLEGE PARK, GA 30349 TEL:941-744-4834 FAX:941-708-4342 TEL: 770-909-1460 FAX: 770-909-1473 Email: isf@beallsinc.com Email: yusal-imp@us.yusen-logistics.com 13. Vendor must forward all commercial documents for air shipments to Yusen Logistics PRIOR to goods arrival in the US for documentary audit and Customs entry purposes. Any delays/charges incurred by Beall’s due to vendor’s failure to submit documents in a timely manner will result in a vendor chargeback. C. CONTAINER LOADING REQUIREMENTS a. Do not mix purchase orders within the container. Example: PO 789012 must be loaded by style completely before loading PO 890123 b. All containers must be loaded by release month, by PO, by style/color starting with the earliest release month out moving forward to the latest month. c. If there are multiple POs with the same release month, each PO must be loaded entirely by style/color before loading the next PO. d. Beall’s Import Transportation Dept. will provide the release months to Yusen Logistics to forward to factory upon approval of the booking request. e. Failure to load the container by release month and by PO as instructed above will result in a vendor chargeback . f. Multiple containers loading instructions – Multiple containers are to be loaded starting with Latest Release Month in it’s entirely starting in the nose of first container until completely loaded. Continue loading each PO in its entirety by release month in the next container until complete. The last container should have the earlier release month tail loaded. If a PO does not fit entirely in the first container then continue loading in the nose of the second container. (See below examples) Example: Container #1 Loaded PO# A - All PO’s release month 10 Container #2 Loaded PO# B and C - PO’s release month 9 and 8 Container #3 Loaded PO# C - PO’s release month 8 Container #4 Loaded PO# C and D - PO’s release month 8 and 7 g. Please reference the chargeback key in Section F for a complete list of import chargeback codes and amounts. D: REQUIRED DOCUMENTS FOR SUBMISSION TO FREIGHT FORWARDER: 1. Effective immediately Yusen Logistics will be implementing a Document Delay Penalty Program for Beall's. All commercial documentation is to be submitted to Yusen Logistics within 3 working days after vessel sailing (including vessel departure date). Vendors will be notified via email for any late documents submission and penalties will be assessed as per the below schedule, based on vessel sailing date: 4-5 days - USD 50/set or equivalent 6-7 days - USD 65/set or equivalent 8 days+ - USD 75/set or equivalent 46 2. Yusen Logistics will NOT issue an FCR for cargo unless required commercial documents are presented per Beall’s documentation requirements. 3. For factory loads, Yusen Logistics will advise the factory of load type but will not make a booking with the steamship line or authorize vendor delivery of the container to the container yard until a complete set of commercial documents (including completed “7-Point Container Inspection Form”) has been received by Yusen Logistics. 4. Upon receipt of a full set of Beall’s required commercial documents and the container manifest for factory loaded containers, the FCR will be released by Yusen Logistics. 5. Yusen Logistics will provide an FCR for each date cargo and commercial documents are received at their warehouse. 6. Yusen Logistics will not back date or pro date any FCR. E. IMPORT DOCUMENTATION REQUIREMENTS: Please read the following carefully as it details procedural and documentation changes that will affect your Beall’s import shipments and payments. Your cooperation and participation is required to ensure compliance with US Customs regulations, Beall’s e-Invoicing program’s success and to avoid chargebacks and/or delayed payments. E-Invoicing & Commercial Invoice Item Descriptions On July 1, 2010, Beall’s implemented the e-Invoicing Program for all import shipments. Because electronic invoicing methods can improve both business efficiency and data integrity; it is in the best interests of all parties to make eInvoicing as easy as possible. The e-Invoice Program should simplify your documentation process and provide the flexibility of submitting documents for Customs entry online. (Please note that until further notice, we will still require vendors to submit original hard copies of all required documents directly to Beall’s Import Accounting & Compliance Dept. for T/T payments or to the LC issuing bank for LC payments). How this affects you It is the invoice preparer’s responsibility to create and submit true and accurate documentation for Beall’s import shipments. In reviewing the recent e-Invoice submissions for accuracy and compliance, Beall’s has noted that a large number of vendors are failing to include complete and accurate item descriptions on their commercial invoices. This failure is creating significant challenges in the completion of Beall’s US Customs entries and causing unnecessary inefficiencies for Beall’s Customs Broker(s), Buying and Import Accounting & Compliance teams. Due to the large number of vendors who are failing to provide accurate and detailed item descriptions on their commercial documentation, Beall’s is notifying the vendor community that effective immediately failure to do so will result in significant chargebacks and/or delayed payments. (See Section F – Chargeback code #D-5 for more details). Beall’s Internal PO System has a limitation on the number of characters for the item description. Please DO NOT use the Beall’s PO default item descriptions on your commercial documents. Vendors are required to update their commercial documents and use the full cargo item descriptions noted on their Product Detail or Product Offering Sheets. Beall’s requires vendors and commercial documentation preparers to ensure that all invoice paperwork is updated to reflect a complete and accurate item description. Item descriptions can be updated during the e-Booking process, but no later than during e-Invoice creation. Commercial documents received with Beall’s abbreviated default PO item descriptions will be subject to chargebacks and/or delayed payments per Chargeback Code D-5 in our Chargeback Policy. This chargeback WILL BE STRICTLY ENFORCED! 47 Why is Bealls requiring accurate and compliant item descriptions on Commercial Invoices? The commercial invoice is the primary document Customs uses to ascertain classification, valuation and, ultimately, duty payments owed on each imported shipment. Customs may demand to review the commercial invoice prior to clearing cargo for entry into the United States. When a Customs specialist reviews an invoice he/she will determine if the product should be allowed entry into the U.S. The specialist compares the customs entry (CF3461) with the description on the invoice and decides if they complement one another. If the invoice detail is incomplete, does not support or conflicts with the HTS commodity codes on the entry, the specialist has the discretion to deny entry, inspect the cargo or request additional information from the importer. All of these options cause delays, additional costs and supply chain inefficiencies for Beall’s at the border. What are the Commercial Invoice requirements? Detailed invoice requirements are found within the US Customs regulations: 19 CFR § 141.86 – Contents of invoices and general requirements 19 CFR § 141.87 – Breakdown of component materials 19 CFR § 141.89 – Additional Information for certain classes of merchandise 19 CFR § 142.6 – Invoice Requirements We encourage you to familiarize yourself with the US Customs regulations referenced above. Briefly recapped, these regulations require an invoice to include, at a bare minimum, the following data elements. (Note that Beall’s e-Invoice is designed to incorporate all of the following): 1. Terms of Sale: Date of sale Place of sale Seller name & address Buyer name & address 2. Shipment Terms: Date of shipment Place of shipment Destination port Shipper’s name Receiver or consignee’s name 3. Merchandise Details: A detailed description of the merchandise supporting the HTS classification. Shipping and packaging marks and numbers detailing contents of each package Quantities in weights and measures Country of origin HTS Classification 4. Value of the merchandise: Unit and total purchase price Currency of the sale If not specifically included in the purchase price all charges including cost of packing, cases, containers, and inland freight to the port of exportation. All rebates or commissions All goods or services furnished for the production of the merchandise (e.g., assists such as dies, molds, tools, engineering work) not included in the invoice price. Any discount allowed on the price of the merchandise 5. Name of a responsible employee of the exporter, who has knowledge, or who can readily obtain knowledge of the transaction. 48 6. Finally the invoice must be in English. Beall’s Outlet Stores, Inc. List of Required Commercial Documents: The Beall's Commercial Documentation checklist is required when submitting commercial documents. A sample checklist is included below for your reference. An e-copy is available for download under the “Useful Information Tab” in the e-Booking and e-Invoicing Systems for your convenience (re: the Excel file "e-Invoicing Documentation Requirements.") or upon request from Beall’s Import Accounting & Compliance Dept. Please pay close attention to the Beall's Commercial Documentation Checklist as missing documents will be subject to chargebacks from Beall's. Documents marked with an * are required. All unmarked documents are to be presented as applicable per Beall’s PO requirements. Additional requirements regarding specific documents included in the document checklist are noted below. 1. Commercial Invoice* (Vendor MUST use Beall’s Outlet Stores, Inc. Commercial e-invoice template. Invoice must be signed). 2. Packing List* (must be signed) 15. Vendors approved to ship factory loaded containers to Beall’s are required to complete and provide a “CTPAT 7-point Container Inspection Form” for each container. Failure to adhere to this requirement will result in delayed payments AND a vendor chargeback. See Section F (Import Vendor Chargeback Policy) / Chargeback Schedule for more details. 49 50 F. BEALL’S IMPORT VENDOR CHARGEBACK POLICY: VENDOR ALERT! E-Invoice item descriptions, container “deadspace”, ISF and C-TPAT 7-Point Container inspection related chargebacks will be strictly enforced. Beall’s Import Vendor e-Invoicing Program is here! Please ensure you adhere to all Beall’s requirements PRIOR to submission of e-Invoice. Failure to do so will result in vendor chargebacks and/or delayed payments! Beall’s goal is to improve the flow of merchandise in our supply chain, from point of origin to our stores. Due to increased costs related to supply chain inefficiencies, Beall’s has implemented a chargeback policy for vendor non-compliance with our instructions and expectations noted in this International Routing Guide. Please review the information in this International Routing Guide carefully. All questions or concerns about the information herein should be addressed prior to the shipment of goods. By following the requirements noted in this Routing Guide, your merchandise should flow through our supply chain in an efficient and cost-effective manner. Failure to comply in full with our requirements will result in vendor chargebacks as detailed below. Note that unless specifically stated, all chargebacks will include a US$250.00 administrative fee (regardless of merchandise value). BEALL'S IMPORT VENDOR CHARGEBACK VIOLATION KEY Last Updated: October, 2012 Note: A US$250.00 administrative fee will be added to ALL Chargebacks Import Transportation Chargeback Codes ¨ Consolidation - C-1: Cargo delivered to incorrect FOB point. Vendor will be responsible for pick up and delivery to correct FOB location. Vendor will absorb all related costs pertaining to same. If Beall's incurs any costs related to vendor's FOB delivery error, vendor will be charged back full costs plus a US$250.00 admin fee ¨ Factory Load - FL-1: Container shipped with less CBMs than presented to and approved by Beall's Import Transportation Department per Vendor's Booking Request Vendor will be charged back for the balance of the “dead space” in the container calculated at the minimum CBMs for the container size plus a US$250.00 administrative fee. The minimum CBMs by container size is available in our Routing Guide at www.beallsinc.com - FL-2: Failure to load container as specified by Beall’s on booking approval. 51 Costs TBD + US$250.00 admin fee TBD + US$250.00 admin fee US$500.00 per con- BEALL'S IMPORT VENDOR CHARGEBACK VIOLATION KEY Last Updated: October, 2012 Note: A US$250.00 administrative fee will be added to ALL Chargebacks Failure to load cartons as specified by Beall's Import Transportation Department on Vendor's Booking Request Approval will result in a chargeback of US$500.00 per container plus a US$250.00 administrative fee. - FL-3: Failure to complete and submit a C-TPAT 7-Point Container Inspection Form Beall's requires all vendors shipping full container loads to ensure the container is secure and fit to convey Beall's merchandise. All vendors shipping FCL / POE (Delivered Duty Paid) containers must complete a security inspection and include proof of same with their docs to Beall's Import Transportation Dept. per Beall's POE documentation requirements. Failure to complete and submit a 7 point-inspection form will result in a chargeback of US$250.00 admin fee. - FL-4: Fumigation Related Charges tainer + US$250.00 admin fee US$250.00 admin fee TBD Please note that all charges incurred by Beall's for any CY loaded container subject to Fumigation upon arrival at the US Port of Discharge will be charged back to the vendor along with any US Customs Exam Fees and Beall’s administrative fees that are applicable. If the merchandise is determined to be unsaleable / not suitable for the consumer retail market after fumigation the vendor will also be charged back for the full merchandise cost, commissions, ocean freight charges, customs clearance fees and duties as well as any merchandise destruction/disposal costs incurred by Beall’s. ¨ OGA Shipments Failure to include US Fish & Wildlife notification on booking request Beall’s requires all vendors to notify the freight forwarder / Beall’s Import Transportation Dept. if OGA clearance is required for the shipment at the time of booking so as to effectively schedule delivery to the appropriate Port Of Entry in the US. (Vendors must note F&W clearance is needed in the comments section of their booking request). Failure to include OGA related information on the booking request will result in a chargeback of US$100.00 per purchase order plus a US$250.00 administrative fee. OG-1: US$100.00 per purchase order + US$250.00 admin fee ¨ Air Shipments - AS-1: Failure to forward original docs to Beall's / Freight Forwarder to facilitate timely Customs clearance on air shipments All commercial documents for air shipments must be forwarded to Beall's Freight Forwarder/Customs Broker PRIOR to goods arrival in the US for documentary audit and Customs entry purposes. Any delays/charges incurred by Beall's due to vendor's failure to submit commercial docs in a timely manner will result in a chargeback of US$1,000.00 per purchase order plus a US$250.00 admin fee. - AS-2: Failure to use Beall's Freight Forwarder to book/process air shipment All vendors approved to air Beall's merchandise must use Beall's freight forwarder NYK Logistics for all air shipments. Beall's Freight Forwarder will designate the air carrier to be used. Failure to do so will result in a chargeback of US$1,000.00 per purchase order plus a US$250.00 admin fee. 52 US$1,000.00 per purchase order + US$250.00 admin fee US$1,000.00 per purchase order + US$250.00 admin fee BEALL'S IMPORT VENDOR CHARGEBACK VIOLATION KEY Last Updated: October, 2012 Note: A US$250.00 administrative fee will be added to ALL Chargebacks ¨ POE Shipments - PO-1: Failure to submit all documents per Beall's required POE documents list Beall's requires all vendors to adhere to our POE documentation requirements. Please review Section L of Beall's Vendor Partnership Guide for more details on Beall's POE documentation requirements. It is the vendor's responsibility to adhere to all requirements. Failure to do so will result in a chargeback of US$250.00 admin fee. US$250.00 admin fee - PO-2: Failure to submit all POE documents per Beall's timing requirements Beall's requires all vendors to adhere to our POE documentation timing requirements (i.e. POE worksheet and C-TPAT 7 Point Inspection form must be forwarded within 5 days of vessel sailing). Please review Section L of Beall's Vendor Partnership Guide for more details on Beall's POE documentation requirements. It is the vendor's responsibility to adhere to all requirements. Failure to do so will result in a chargeback of US$250.00 admin fee. US$250.00 admin fee - PO-3: Per diem charges incurred (Beall's requires a minimum of 15 free days out of port) Beall's requires a minimum of 15 free days from the day Beall's picks up the container from port of entry. Any per diem/per diem related charges incurred by Beall's during the required 15 days will be charged back to the vendor plus a US$250.00 administrative charge. Beall's will pay a maximum of US$25.00 per day for per diem charges from day 16 to date of return to port. The balance is the vendor's responsibility. Please note that Beall's will take all measures to expedite unloading of each container. TBD + US$250.00 admin fee - PO-4: Container TBD + US$250.00 admin fee must be loaded by release month Beall's requires all purchase orders to be loaded by release month. Release months can be obtained from the buying office. Please review Section E for more details on Beall's container loading requirements. Failure to load container per Beall's container loading requirements will result in a chargeback of US$50.00 per person per man hour to unload and resort cartons plus a US$250.00 administrative fee. ¨ Carton Markings. CM-1: Incorrect carton markings. (Does not adhere to Bealls carton marking specifications and/or contains erroneous information) Carton markings which do not follow Beall's required format or contains erroneous information will result in a chargeback of TBD + US$250.00 admin fee or US$50.00 per man hour + US$250.00 admin fee . Carton marking specifications are available in our International Routing Guide. 53 TBD + US$250.00 admin fee or US$50.00 per man hour + US$250.00 admin fee BEALL'S IMPORT VENDOR CHARGEBACK VIOLATION KEY Last Updated: October, 2012 Note: A US$250.00 administrative fee will be added to ALL Chargebacks ¨ Packing Variances - PV-1: Master pack or inner pack does not conform to Beall's purchase order case packing specifications. Master or inner pack does not confirm to specifications per Beall's purchase order. Incorrectly packed cartons will result in a chargeback of US$200.00 per purchase order plus US$250.00 administrative fee. US$200.00 per purchase order + US$250.00 admin fee ¨ Consolidator Repackaging Repackaging done by Consolidator at consolidation point. Vendor is responsible for all repackaging and re-marking charges. If Beall's incurs any charges, the vendor will be charged back all related costs plus US$250.00 administrative fee. CR-1: TBD + US$250.00 admin fee ¨ Product Labeling Merchandise received without the proper origin markings (Made in ______ ) All imported merchandise must be properly marked as required by US Law and enforced by US Customs. Failure to properly mark products most likely will not be detected until the cargo has already arrived in the US. Beall's reserves the right to return the goods to the vendor at the vendor's expense. If Beall’s chooses to keep the merchandise, the vendor will be responsible for forwarding the Made in ___ labels. The labels are to be forwarded as instructed in e-mail communication from the buying office and to include the mail to address, contact person, carrier and tracking number at the expense of the vendor. - PL-1: ¨ OBLs - For Bangladesh Shipments Only OB-1: Failure to provide original endorsed OBLs to Beall's prior to shipment arrival in US 54 TBD + US$250.00 admin fee or US$50.00 per man hour + US$250.00 admin fee TBD + US$250.00 admin fee + $100.00 BEALL'S IMPORT VENDOR CHARGEBACK VIOLATION KEY Last Updated: October, 2012 Note: A US$250.00 administrative fee will be added to ALL Chargebacks Bangladesh Shipment Only- Two original endorsed OBL’s (original bill of lading) are to be forwarded to Beall’s Import Accounting a minimum of 7 days prior to the US Port of Destination ETA. A scanned copy of the bank endorsed OBL (front and back) is to be sent via email to importtransportation@beallsinc.com and isf@beallsinc.com advising of the courier name and tracking number for tracing. Original endorsed OBLs are to be sent to: Beall’s Import Accounting & Compliance Dept. Attn: Beall’s Import Accounting/Compliance Dept., 700 13th Avenue East – 4th Floor, Bradenton, FL 34208. Telephone: 941-744-2355. Failure to provide 2 bank-endorsed OBLs 7 days prior to the shipment’s arrival at the US Port of Destination ETA will result in a chargeback of $100.00 per OBL plus a $250.00 administrative handling charge. There will be an additional $100.00 per day, plus any additional charges incurred by Beall’s after the vessel arrival at the US port of entry for which the container is not released due to missing/late OBL submission by the vendor. No exceptions. Note: If the shipment’s payment terms are via Letter of Credit, please ensure all documentation is submitted to your bank in time to meet the above requirement. Note also that upon receipt of the original OBLs, Beall’s will need to endorse and dispatch the original OBLs to the ocean carrier for container release in the US so please be sure to allow adequate time for document turnaround. Import Accounting Chargeback Codes per day per OBL until container is released Costs ¨ ISF - IS-1: US Customs ISF fines incurred by Beall's Failure to submit accurate booking or load plan data to Beall’s freight forwarder for timely ISF filing, or should Beall's incur any ISF fines/penalties from US Customs due to vendor booking/documentation errors, Beall's will chargeback vendors for all fees incurred plus a US$1,000.00 administrative charge. (Note: US Customs ISF penalties will be $5,000.00 per violation.) ¨ Documentation - D-1: Incorrect Commercial Invoice Values (i.e. First Costs, discounts, Unit of Measurement, $ Amt Extensions) - D-2: Delay in cargo movement due to incomplete documentation presented to Beall's freight forwarder upon cargo delivery - D-3: Failure to use correct HTS classifications as issued by Beall's - D-4: Failure to list all HTS classifications on commercial invoice 55 TBD + US$1,000.00 admin fee US$150.00 + US$250.00 admin fee US$150.00 + US$250.00 admin fee US$150.00 + US$250.00 admin fee US$150.00 + US$250.00 admin fee BEALL'S IMPORT VENDOR CHARGEBACK VIOLATION KEY Last Updated: October, 2012 - D-5: - D-6: Note: A US$250.00 administrative fee will be added to ALL Chargebacks Incorrect/incomplete item description on commercial documentation. (Required for correct HTS classification validation by CBP per 19 CFR 141.86-87). Please DO NOT use the Beall’s PO default item descriptions on your commercial documents. Vendors are required to update their commercial documents and use the full cargo item descriptions noted on their Product Detail or Product Offering Sheets. Beall’s requires vendors and commercial documentation preparers to ensure that all invoice paperwork is updated to reflect a complete and accurate item description. Item descriptions can be updated during the e-Booking process, but no later than during e-Invoice creation. Commercial documents received with Beall’s abbreviated default PO item descriptions will be subject to chargebacks and/or delayed payments per Chargeback Code D-5 in our Chargeback Policy. This chargeback WILL BE STRICTLY ENFORCED! Correct Manufacturer name and address not listed on commercial invoice(s) - D-7: Country of Origin not listed on commercial invoice(s) or incorrect Country of Origin noted - D-8: Incorrect "buyer" noted on commercial documents (i.e. Beall's is not shown as "buyer" or showing buying agent as "buyer") - D-9: Incorrect "seller" noted on commercial documents (i.e. listing buying agent as "seller") - D-10: Discrepant docs presented for payment or entry (i.e. costs, unit counts, cartons etc. do not match) - D-11: Failure to submit all documents per Beall's Commercial Documentation Checklist - D-12: Customs entry rework fees paid by Beall's due to incorrect vendor documentation - D-13: Voluntary tender Customs duties outlay fees paid by Beall's due to incorrect vendor commercial documents - D-14: Bank fees incurred by Beall's due to expired/unutilized and amended LC's - D-15: Letter of credit issuance bank fees incurred by Beall's - D-16: Failure to forward original docs to Beall's / Freight Forwarder to facilitate timely Customs or carrier release (ex. original visas, BOLs etc) - D-18: Administrative chargeback US$150.00 per invoice + US$250.00 admin fee US$150.00 + US$250.00 admin fee US$150.00 + US$250.00 admin fee US$150.00 + US$250.00 admin fee US$150.00 + US$250.00 admin fee US$150.00 + US$250.00 admin fee US$150.00 + US$250.00 admin fee TBD TBD TBD TBD US$100.00 per purchase order + US$250.00 admin fee USD$250.00 56 BEALL'S IMPORT VENDOR CHARGEBACK VIOLATION KEY Last Updated: October, 2012 Note: A US$250.00 administrative fee will be added to ALL Chargebacks ¨ C-TPAT - CT-1: Failure to complete and submit a C-TPAT 7-Point Container Inspection Form Beall's requires all vendors shipping full container loads to ensure the container is secure and fit to convey Beall's merchandise. All vendors shipping FCL / POE (Delivered Duty Paid) containers must complete a security inspection and include proof of same with their docs to Beall's Import Transportation Dept. per Beall's POE documentation requirements. Failure to complete and submit a 7 point-inspection form will result in a chargeback of US$250.00 admin fee. US$US$250.00 admin fee - CT-2: Claims TBD / charges incurred by Beall's due to vendor's failure to ensure container was fit to convey Beall's merchandise (applicable for full container load shipments only) Beall's requires all vendors shipping full container loads to ensure the container is secure and fit for conveying Beall's merchandise. All vendors shipping FCL / POE (Delivered Duty Paid) containers must complete a security inspection and include proof of same with their docs to Beall's Import Transportation Dept. per Beall's POE documentation requirements. Any damages/loss/fees incurred by Beall's due to vendor's failure to ensure container was fit to convey Beall's merchandise will be charged back to the vendor. Purchasing / Product Development Chargeback Codes ¨ Testing Requirements - TR-1: Failure to comply with Beall's Testing Requirements. ¨ Failed Testing - Merchandise Shipped FT -1: Merchandise shipped without Beall's testing approval. ¨ Testing Documentation FT -2: Failure to include Testing Certificates / Lab Test Results with booking/commercial documents packet 57 Costs TBD TBD TBD G. IMPORT PAYMENT REQUIREMENTS: These requirements are applicable for all Beall’s import vendors regardless of negotiated payment terms and method of payment. 1. Beall’s Outlet Stores, Inc. 7 digit purchase order numbers range from 0100000 – 0699999. Note: On the rare occasion when a Non-Merchandise import Purchase Order is issued – the number will be seven digits without a starting zero (ex. 1234567) 2. Vendors shipping to Beall’s Outlet Stores, Inc. must use the following bill to and ship to addresses: For import shipments to Beall’s Imports, Inc. ONLY Bill To: Ship to: Beall’s Outlet Stores, Inc. BEALL'S OUTLET STORES, INC. P.O. Box 25207, 700 13th Avenue East 2100 47TH TERRACE EAST, Bradenton, FL 34208 BRADENTON, FL 34203 (USA) USA TEL:941-744-4242 FAX:941-747-4378 Email: importtransportation@beallsinc.com FCR and/or Bills of Lading for import shipments must reference the following notify parties: Notify Party#1: BEALL'S INC. 700 13TH AVENUE EAST ATTN:IAC DEPT BRADENTON, FL 34208 (USA) Notify Party#2: YUSEN LOGISTICS (AMERICAS) INC. 691 AIRPORT SOUTH PARKWAY COLLEGE PARK, GA 30349 TEL:941-744-4834 FAX:941-708-4342 TEL: 770-909-1460 FAX: 770-909-1473 Email: isf@beallsinc.com Email: yusal-imp@us.yusen-logistics.com 3. Vendor must reference the following on all documents as applicable per negotiated payment terms and method: - Beall’s issued Wire Transfer# - Letter of Credit# 4. Documents presented for payment must exactly match documents presented to the Beall’s approved freight forwarder with the cargo at origin. 5. For direct check and wire transfer payments ONLY: vendor must forward one full set of Beall’s required original commercial documents for payment to: Beall’s, Inc. Attn: Import Accounting & Compliance Dept. 700 13th Avenue East – 4th Floor Bradenton, FL 34208 Tel: 941-747-2355 6. For Letters of Credit payments ONLY – vendor must forward one full set of original required commercial documents to the LC issuing bank per LC instructions. 7. Bangladesh Shipment Only- Two original endorsed OBL’s (original bill of lading) are to be forwarded to Beall’s Import Accounting a minimum of 7 days prior to the US Port of Destination ETA. A scanned copy of the bank endorsed OBL (front and back) is to be sent via email to importtransportation@beallsinc.com and isf@beallsinc.com advising of the courier name and tracking number for tracing. 58 Original endorsed OBLs are to be sent to: Beall’s Import Accounting & Compliance Dept. Attn: Beall’s Import Accounting/Compliance Dept., 700 13th Avenue East – 4th Floor, Bradenton, FL 34208. Telephone: 941-744-2355. Failure to provide 2 bank-endorsed OBLs 7 days prior to the shipment’s arrival at the US Port of Destination ETA will result in a chargeback of $100.00 per OBL plus a $250.00 administrative handling charge. There will be an additional $100.00 per day, plus any additional charges incurred by Beall’s after the vessel arrival at the US port of entry for which the container is not released due to missing/late OBL submission by the vendor. No exceptions. Note: If the shipment’s payment terms are via Letter of Credit, please ensure all documentation is submitted to your bank in time to meet the above requirement. Note also that upon receipt of the original OBLs, Beall’s will need to endorse and dispatch the original OBLs to the ocean carrier for container release in the US so please be sure to allow adequate time for document turnaround. H. BEALL’S e-INVOICE SYSTEM Please read the following carefully as it details procedural and documentation changes that will affect your Beall’s import shipments and payments. e-Invoice System We are pleased to announce that Beall's, Inc. has partnered with Yusen Logistics for the development and implementation of an e-Invoice system for all import shipments to Beall's Imports Inc. and Beall's Outlet Stores Inc. Because electronic invoicing methods can improve both business efficiency and data integrity; it is in the best interests of all parties to make e-Invoicing as easy as possible. The e-Invoice system should simplify your documentation process and provide the flexibility of submitting documents for Customs entry online. (Please note that until further notice, we will still require vendors to submit original hard copies of all required documents directly to Beall’s Import Accounting & Compliance Dept. for T/T payments or to the LC issuing bank for LC payments). Effective July 1st, 2010, Beall’s will only accept commercial documents created by and uploaded via the eInvoicing program for Customs entry and payment. Your cooperation and participation is required to ensure the eInvoicing program’s success. A copy of the e-Invoice User Manual, Beall’s International Routing Guides and Vendor Chargeback Schedule has been posted to the Yusen Logistics e-Booking system for your convenience and any additional questions you may have. How this Affects You All Beall’s business partners (ex: vendors, suppliers, manufacturers, buying and booking agents) are required to: Ensure the accuracy of their existing contact data on file in Yusen Logistics’ e-Booking and e-Invoice systems. A valid email address MUST be on file for each registered service provider since all Beall’s communications will be done electronically via email. Vendors who do not receive critical system and Beall’s updates due to failure to maintain an updated contact list in e-Booking and e-Invoicing programs have no excuse if chargebacks apply. ALL Beall’s communications will be done electronically and as such, it is the vendor/business partner’s responsibility to ensure that they maintain an updated contact list. All service providers responsible for creating export commercial documents for submission to Beall’s for US Customs entry and payments are required to be registered users of the e-Invoice system. E-Invoice registration forms can be downloaded at http://griffin.hk.yusen-logistics.com/ebooking. 59 Please contact your local Yusen Logistics origin office for more info. Should you have any questions or need any additional information during the e-Invoice registration process, please contact Ms. Brenda Chan at brenda_chan@hk.nyklogistics.com. Things you need to know: 1) ISF Information: It is imperative that vendors submit accurate information for Beall’s Importer Security Filing purposes. The “buying agent” should never be listed as the “Seller” or “Buyer” on the booking or paperwork. Failure to submit correct ISF details on bookings and/or e-Invoice documentation will result in a vendor chargeback (See Section F for more details). 2) e-Booking: Data from your e-Booking will be the basis of your e-Invoice. Thus it is vital that you ensure the integrity and accuracy of all data inputted in your e-booking request. The e-Booking submission screen collects the following information at PO Item level: *Manufacturer (or supplier) name and address *Country of origin *Seller – a) Name and address of the last known entity by whom the goods are sold or agreed to be sold. This information is mandatory and cannot be empty. If "Manufacturer" and "Country of Origin" are the same for all item lines, you can click on "Batch Apply" to make the updates at the same time. b) Again, the “buying agent” should never be listed as the “seller” on the booking or paperwork. Failure to submit correct ISF details on bookings and/or e-Invoice documentation will result in a vendor chargeback (See Section F for more details). 3) e-Load plan The Load Plan submission screen collects the following information at Container level for Beall's Factory Loaded Containers *Consolidator (stuffer) name and address – of the party who stuffed the container or arranged for the stuffing of the container. *Container stuffing location - Name and address of the physical location(s) where the goods were stuffed in the container. 4) Service Provider Roles: *Please review all service provider data you have entered in the Yusen Logistics systems. *Please check all roles/ functions that a designated service provider is responsible for Examples- Manufacturer, Seller, Container Stuffer, Stuffing Location. It is recommended that all Beall’s US based partners who will be responsible for creating and submitting documents on behalf of their foreign vendors and suppliers manage the e-Invoicing system account on behalf of their foreign suppliers. This option is for you to maintain a master list of Service Providers such as Manufacturer, Country of Origin, Seller, Container Stuffer, and Stuffing Location. Please ensure that you maintain an updated list of your service providers and their roles. Data accuracy is essential to the successful implementation of the eInvoice module. Beall's sincerely thanks all of our business partners for assisting us in ensuring the success and improved compliance using the e-Invoice system. 60 Commercial e-Invoice Requirements 1. Vendor must use Beall’s e-Invoice system when creating commercial documents. Beall’s e-Invoice commercial invoice template has been formatted to include all of the ISF (10+2) data elements. Incorrect, incomplete or missing commercial invoice data will result in vendor chargebacks (See Section F for more details). NO OTHER COMMERCIAL INVOICE FORMATS FOR IMPORT SHIPMENTS WILL BE ACCEPTED FOR ISF, PAYMENT OR CUSTOMS ENTRY. 2. Commercial invoice must be legible, signed and complete. All fields must be accurately and completely filled out. Failure to submit accurate information on Beall’s commercial invoices will result in chargebacks and delayed payments. See chargeback schedule in Section F for more details. 3. Payment against incomplete or incorrect commercial invoices will be held pending receipt of a revised commercial invoice per Beall’s commercial invoice requirements. Chargebacks will apply against non-compliant vendors. 4. Do NOT state the buying agent as the “buyer” or “seller” on your commercial documents. Chargebacks will apply to any vendor who submits commercial documents to Beall’s showing incorrect designation of buying agent on the paperwork. I. WIRE TRANSFER PAYMENT PROCESS Currently, Beall’s makes import payments via direct wires, checks and LC’s. In order to get paid via T/T, import vendors must: 1. Adhere to Beall’s commercial documentation requirements. (Note: The same import documentation requirements apply to all Beall’s import vendors regardless of method of payment.) 2. Vendors MUST use Beall’s e-Invoice system when creating invoices for Importer Security Filing (ISF), Customs entry and payment for import shipments. 3. NO OTHER COMMERCIAL INVOICE FORMAT WILL BE ACCEPTED FOR ISF, PAYMENT or CUSTOMS ENTRY. 4. Vendors must reference Beall’s issued WT# on all documents. 5. Information on documents submitted for payment MUST EXACTLY MATCH documents submitted to the freight forwarder at origin with the cargo for Customs entry purposes. Chargebacks will apply for discrepant documents. 6. Vendors must be aware that failure to adhere to Beall’s commercial documentation requirements will result in delayed payments and/or administrative charge-backs (see Section F for more details). 7. Once shipment is made, original copies of Beall’s required commercial documents must be submitted directly to Beall’s for payment via wire transfer. Documents must be forwarded to Beall’s Import Accounting & Compliance Dept. 8. Upon receipt, review, and approval of accurate and complete originals of Beall’s required commercial documents from the vendor, Beall’s Import Accounting & Compliance Dept. will remit payment via direct wire transfer per our payment processing schedule below: Wire transfer payments are scheduled for the 15th and 30th of each calendar month. Wire transfer cut-off dates are as follows: 61 Invoices received during 1-10th calendar day of the month will be paid on the 15th 15th ( Please allow 3-5 Business days for receipt). Invoices received during the 11-20th calendar day of the month will be paid on the 30th 15th ( Please allow 3-5 Business days for receipt). Any invoice that is received outside of these cut-off windows will be processed in the next available payment cycle. 9. Payments against discrepant documents will be held pending receipt of revised commercial documentation from the vendors. Administrative charge-backs may apply. 10. Note: Due to seasonal schedules and/or processing volume, vendors should allow up to an additional 10 business days for their wire payments to be processed and approved as per payment schedule. J. CANADIAN SHIPMENTS – (Note: Canadian shipments CANNOT be booked via TMS) 1. Unless previously agreed to in writing, Beall’s is NOT the Importer of Record on any Canadian shipment. Vendor must include their US Customs Broker name and contact information on shipment paperwork. It is required that vendors include their broker details as “Special instructions” on the bill of lading. 2. Vendor must complete a “Canadian Routing Request Form” (See Exhibit II) for truckload shipments consigned to Beall’s. Information on completed form is required by our Beall’s Import Transportation Dept. to provide the carrier selection for your truckload shipment. Please fax completed “Canadian Routing Request Form” to the Beall’s Import Transportation Department at least 48 business hours before the shipment is ready for pick up. 3. Beall’s Import Transportation Dept Contact Info: Fax: (941) 747-4378 E-mail: importtransportation@beallsinc.com 4. ALL MERCHANDISE SHIPPED FROM A CANADIAN LOCATION MUST BE CUSTOMS CLEARED AT THE US/CANADIAN BORDER BY THE SHIPPER. 5. IT IS THE VENDOR’S RESPONSIBILTY TO PROVIDE ALL SHIPMENT DOCUMENTATION TO THE DRIVER UPON PICK-UP OF THE CARGO. 6. Any costs incurred for delays due to shipper not providing commercial documents for/and Customs clearance to the carrier are the responsibility of the vendor. 7. ALL TRUCKLOADS MUST BE SEALED WITH A METAL BOLT SEAL WHICH MEETS OR EXCEEDS THE MINIMUM ISO/PAS 17712 SECURITY REQUIREMENTS. 8. All Canadian 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. 9. For any shipment where Beall’s is responsible for freight charges/movement of freight from any shipping point outside the US borders, (ex. FOB any point in Canada); vendors are required to clarify shipping/freight payment terms with their Beall’s Buyer and get freight payment terms in writing. 10. All requests for Beall’s EIN#s for use on Canadian shipments to Beall’s must be forwarded to Beall’s Import Accounting & Compliance Dept. (See Section M for contact details). 62 11. For shipments detained at the border where Beall’s incurs carrier downtime charges because of delayed customs clearance due to missing documentation for customs entry; Beall’s will chargeback vendor for all charges incurred plus a US$250.00 administrative fee. (Section F for more details). K. IMPORT CARTON MARKING 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 Stores, Inc. PO # Dept # Style # Color_ Inner Pack Size Scale = Pack Units Per Master Carton Master Carton # of Country of Origin_ Destination: Beall’s Bradenton, Florida USA 34203 Side Mark: (one side only) G.W. N.W. Measurement: 63 L. PORT OF ENTRY (POE) SHIPMENTS – Note: Beall’s will take possession of ALL POE shipments to from ONLY the Port Of Jacksonville or Port of Tampa, FL. Beall’s will issue a US$500.00 chargeback to any vendor for the additional dray charges to Beall’s DCs for any POE shipments that arrive at the Port of Savannah. POE containers are full container shipments purchased using “Delivered Duty Paid” (DDP) incoterms. Beall’s is not the Importer of Record (i.e. Beall’s will take possession of the container after the merchandise has cleared U.S. Customs. The vendor is the Importer of Record and is responsible for ensuring all US Customs ISF and entry requirements are met.) 1. General POE Guidelines Beall’s POE Documentation Requirements: Proof of ISF Filing# and/or Details Copy of Bill of Lading Completed C-TPAT 7-Point Container Inspection Form Container Worksheet CF3461 Copy of Delivery Order Note: Deliver order must: a) Be made out to: Beall’s preferred carrier if terms are POE by port (see below for DO requirements) b) Deliver to: Bradenton / Sarasota, FL c) State container and seal# d) If container was railed from one port to another, PICK-UP# must be listed also. a. Beall’s requires all vendors shipping POE ocean containers to Beall’s to complete an Importer Security Filing for each shipment. Beall’s reserves the right to request proof that an ISF filing has been completed. b. Vendors shipping POE container loads to Beall’s are required to complete a “C-TPAT 7-point Container Inspection Form.” (See POE Documentation Requirements for more details) and forward with POE Container worksheet to Beall’s Import Transportation Dept. Failure to do so will result in a vendor chargeback. (See Section F for more details on Beall’s Chargebacks). c. Vendors shipping POE containers to Beall’s must adhere to Beall’s container loading requirements. d. Vendor to confirm POE terms with buyer prior to shipping. e. The POE container must contain only Beall’s merchandise. Beall’s does not allow commingling of its merchandise with other freight. f. All POE containers must be sealed with a high security seal that would require destruction to be removed. All seals must meet or exceed the minimum ISO/PAS 17712 security requirements. See “Beall’s C-TPAT Expectations for Agents, Vendors & Manufacturers” or visit the US Customs website at www.cbp.gov for more info on CTPAT container / seal security. g. All POE vendors must complete and forward a Beall’s “POE Container Worksheet” for each container shipped within 5 days of vessel departure. (One container per worksheet). Failure to complete and forward POE worksheet to Beall’s as per this requirement will result in a vendor chargeback and possible delay in delivery to Beall’s DC. (See Section F for more details on Beall’s Chargebacks). h. All POE shipments must be via Port of Tampa, FL or Port of Jacksonville, FL. Port of Tampa is Beall’s Imports preferred port to expedite delivery. If the shipment cannot be routed via Tampa, then it must be routed via Port of 64 Beall’s will issue a US$500.00 chargeback to any vendor for the additional dray charges to Beall’s DCs for any POE shipments that arrive at the Port of Savannah. Jacksonville, FL. i. The buyer must approve any variances to the Purchase Order’s ship window or the vendor will be subject to penalty. j. Section I (Vendor Contact Info) and Section 2 (Container Manifest) of Beall's “POE Container Worksheet” must be completed within 5 days of vessel sailing and faxed to Beall’s Import Transportation Dept. at (941) 747-4378. k. “POE Container Worksheet” information must be typed for clarity. If there is any missing information, the form will be returned to the vendor for completion. Failure to complete form as required may result in delays in scheduling container delivery. l. Section 3 of the Beall’s “POE Container Worksheet” (Notification of Customs Clearance) must be completed upon customs clearance and faxed with a copy of the completed CF3461 (customs clearance form) to Beall’s Import Transportation Dept. at (941) 747-4378. If there is any missing information in Section 3 of the “POE Container Worksheet” – the form will be returned to the vendor for completion. Vendor can obtain a copy of the completed CF3461 from their broker. m. Beall’s Import Transportation Dept. will not schedule the delivery of any POE container until all of the documentation requirements above are met. n. All POE container delivery appointments must be scheduled by Beall’s Import Transportation Dept. ONLY. NO EXCEPTIONS! o. Vendor is responsible for any and all charges (demurrage/storage/exam) up until the cargo clears customs and it has been released from the steamship line for delivery. These charges must be paid by the vendor before Beall’s assumes container responsibility. p. Beall’s must have a minimum of 24 hours to arrange for pickup of the container at the port of entry during normal port operating hours. q. If the shipment clears customs on the last free day in port and Beall’s carrier cannot pick up the container before the port closes, the vendor is responsible for any demurrage charges which must be paid by the vendor prior to Beall’s carrier pickup of the container. r. Beall’s will schedule delivery container delivery based on container availability (i.e. container has been fully released by: US Customs, any OGA and steamship lines). Vendor is fully responsible for ensuring that the container is fully released and available for pickup. Container clearance and availability information must be visible in the applicable Port system – since this is what Beall’s will reference to schedule delivery of the POE container. s. Beall’s is ONLY responsible for the dray costs of the POE container. All other charges are the vendors’ responsibility (i.e chassis, lift charges etc). t. Beall’s requires a minimum of 15 free days from the day Beall’s picks up the container from the port of entry. Per Diem charges incurred by Beall’s during the required 15 days will be charged back to the vendor plus a USD$250.00 administrative charge. It is suggested that the vendors’ make arrangements to have all other charges billed directly by the dray carrier to the vendor to avoid additional Beall’s administrative handling chargebacks. u. Should Beall’s require more than 15 days out of port, Beall’s will assume per-diem charges from day 16 onward at a maximum rate of $25.00 per container per day. The balance of all costs incurred by Beall’s is the responsibility of the vendor. To avoid any additional administrative charges, it is strongly recommended that vendors have their steamship line bill them directly for any per diem charges. 65 2. POE PORT TO PORT (TAMPA, FL or JACKSONVILLE, FL) a. Vendor must follow all the instructions regarding the “POE Container Worksheet” found in the General POE Guidelines noted above. b. All POE shipments must be routed via our required ports, Port of Tampa, FL or Port of Jacksonville, FL. c. Beall’s approved carrier for Port of Tampa is Landstar Gemini (813-248-4701). d. Beall’s approved carrier for the Port of Jacksonville, FL is Roadlink USA (904-786-7500). e. Vendor’s broker must forward a DO (delivery order) to Beall’s approved carrier (noted above) consigning the container to Beall’s Imports, Inc. and the Beall’s approved carrier listed above by port. (This releases the container for delivery). f. It is the responsibility of the vendor and/or their ocean carrier to provide a chassis at the time of pick up. Beall’s will NOT be responsible for any chassis charges. g. Beall’s Import Transportation Dept. will schedule pick up of the container with our carrier on or before the last free day at port (standard free time at port is 5 working days from date of unloading) when the following criteria has been met by the vendor: - shipment has cleared customs and CF3461 issued - Delivery Order (DO) has been issued and forwarded to appropriate Beall’s carrier - Section 3 of the “POE Container Worksheet” has been completed and faxed to Beall’s Import Transportation Dept. at (941) 747-4378. h. Beall’s requires 24 hours to pick up the container at port. Availability is defined as: - container has been unloaded from vessel - shipment has cleared Customs and all OGA (other government agencies) - all required paperwork received by Beall’s Import Transportation Dept. and Beall’s approved carrier - steam ship line has released the container to Beall’s preferred carrier / Delivery Order has been forwarded to Beall’s preferred carrier. i. Vendor is responsible for any additional charges incurred. j. Beall’s must have a minimum of 24 hours to arrange for pickup of the container at the port of entry during normal port operating hours. k. Beall’s requires 15 free days out of port. (i.e. Beall’s will assume per-diem charges from day 16 onward at a maximum rate of $25.00 per container per day. The balance of all costs incurred by Beall’s is the responsibility of the vendor. l. To avoid any additional administrative charges, it is strongly recommended the vendor have their steamship line bill them directly for any per diem charges. . 3. DOOR-TO-DOOR POE SHIPMENTS Door to Door POE’s are shipments in which Beall’s is not the Importer of Record and the vendor is responsible for all transportation costs from origin to Beall’s DC. a. Vendor must follow all the instructions regarding the “POE Container Worksheet” in the General POE Guidelines noted above. 66 b. Vendor must provide their carrier name and contact information on the “POE Container Worksheet”. c. Vendor may use Beall’s Preferred Carrier Landstar Gemini for Tampa, FL or Roadlink USA for Jacksonville, FL. d. Vendor is responsible for all transportation charges from Port of Unloading to Beall’s DC. e. Should vendor choose Beall’s carrier, vendors must prearrange billing terms with the Beall’s carrier before delivery will be scheduled. f. It is the responsibility of the vendor’s chosen carrier to make a delivery appointment with Beall’s Import Transportation Dept. by calling 941-744-4768 or 941-744-4507. Carrier must provide container# when scheduling delivery appointment. Delivery appointments made with any other Beall’s department are not valid. They will not be honored and will result in a vendor chargeback if delivery shows up without a valid appointment. g. Delivery appointments to our D.C. will be scheduled at the first available appointment. Note: In season, allow up to a 3 week delay in delivery scheduling based on appointment availability at the DC. h. Delivering carrier must be on time. It is highly recommended that the carrier arrive 15 minutes prior to scheduled delivery time. i. Beall’s reserves the right to refuse late deliveries and reschedule delivery appointments at the vendor’s expense. j. Any detention time incurred for live unloads will be the responsibility of the vendor. k. Carrier to bill the vendor directly for any detention charges. l. Vendors must load each PO in its entirety before loading the next PO. m. Each carton must be marked with Beall’s PO numbers. Please reference Section K for Beall’s carton marking requirements. 67 M. BEALL’S IMPORT CONTACTS PURCHASE ORDER TESTING REQUIREMENTS: Any questions regarding Beall’s Import Testing Requirements must be directed to your Beall’s Buyer at 941747-2355. IMPORT TRANSPORTATION: Any questions regarding Import Transportation Booking Requests and “POE Container Worksheets” must be directed to Beall’s Import Transportation Department at importtransportation@beallsinc.com. You can also contact us by fax at (941) 747-4378. C-TPAT COMPLIANCE: Any questions regarding Beall’s C-TPAT Program must be directed to Beall’s C-TPAT Coordinator at CTPATCompliance@Beallsinc.com. You can also contact us at (941) 747-2355. IMPORT PAYMENTS: Any questions regarding Beall’s Import payment requirements and procedures must be directed to Beall’s Import Accounting & Compliance Dept. at 941-747-2355. CUSTOMS COMPLIANCE: Any questions regarding Beall’s Customs Compliance requirements and procedures must be directed to Beall’s Import Accounting & Compliance Dept. at 941-747-2355. IMPORT CHARGEBACKS: Please direct all questions regarding Beall’s Import Chargebacks to Beall’s Import Accounting & Compliance Dept. at 941-747-2355. Refer to Section F of the Routing Guide before contacting Beall’s. 68 N. EXHIBITS Exhibit I: Beall’s Air Authorization Form (Page 1 of 2) 69 Exhibit I: Beall’s Inc - Air Shipment Worksheet (Page 2 of 2) 70 Exhibit II: Canadian Shipment Routing Request Form 71 Exhibit III: POE Worksheet (Page 1 of 2) 72 Exhibit III: POE Worksheet (Page 2 of 2) Instructions: One container per worksheet and only list the PO once with the total # of cartons by PO. The form must be filled out completely. Failure to do so will result in possible delay of the delivery and or a chargeback. SECTION II POE CONTAINER WORKSHEET MANIFEST One container per worksheet CONTAINER NUMBER SEAL # MOTHER VESSEL NAME/ VOYAGE # Steamship Line Country of Origin/FOB Port of Entry City /State ETD ETA Container Size (Circle one) 20 40 40H 45 Is this container being railed to another port? Yes No TOTAL CARTONS PO Which Port? TOTAL CBMS # CARTONS PO TOTAL WGT (LBS) PO # CARTONS # CARTONS Is this a door to door* POE? *If yes, vendor responsib le for inland delivery and transportation charges to Beall's DC YES NO Is Beall's responsible for picking up the container at the port? YES NO Door to Door: Carrier Name Phone Vendor's carrier must call Beall's Import Transportation Dept. for delivery appointment date and time. Vendor responsible for chasis charges. Bealls is not resposible for any charges but dray charges. 73 Contact Exhibit IV: Beall’s C-TPAT Container 7-Point Inspection Form See http://www.sealock.com/pdf/7-point_ocean_container_security_inspection_guide.pdf on what to look for when filling out this form 74 Exhibit V: C-TPAT Ocean Container 7-Point Security Inspection Guide Note: Ocean Container 7-Point Security Inspection Guidelines below are provided compliments of Sealock Security Systems. Visit them at www.sealock.com 75 Exhibit VI: C-TPAT Ocean Container Defect Reference Guide Note: Ocean Container Defect Reference Guide below provided compliments of Sealock Security Systems. Visit them at www.sealock.com 76 Exhibit VII: Blank CF3461 Form 77 Exhibit VIII: Sample FCR (Showing Ship to & Notify Parties) 78 July 30, 2015 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. 79 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 Telephone: Email: Contact Person: Date of Testing: Place of Testing: Testing Records Maintained By Name of Individual: Ruth Kelly Company: Bealls Outlet Stores Address: 700 13th Ave. East Bradenton, FL 34208 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. 80 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 abovenoted product (check all that apply): Testing Protocol for : Product: Test Children's Apparel Test Method Flammability CFR 1615 and 1610 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 81 Requirement must pass test based on fabric class (excluding exempt fabrics) 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. 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 82 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 83 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. 84 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 16 CFR 1303 not to exceed 2ppm Care instructions are to be in English, clear and understandable Requirement not to exceed 90ppm 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 85 Testing Protocol for : Product: Table Cutlery and Flatware Test Test Method Requirement Packaging 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 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 86 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 Power cord and plug actual use UL 60065 and visual check Temperature test UL 60065 Battery Test BE-EA802 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 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 87 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 88 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 89 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. 90 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 91 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 92 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 93 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. 2. 3. 4. 5. Compliance Coordinator communicates to vendor what tests are required based on product category Compliance Coordinator will note tests required on WT applications Test results from vendor are sent to Compliance Coordinator for review Compliance Coordinator will notify buyer of receipt and approval of test results 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 94 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 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. 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 No points or edges that pose an unreasonable injury Testing Requirements and Approval Procedures 1. 2. 3. 4. 5. Compliance Coordinator communicates to vendor what tests are required based on product category Compliance Coordinator will note tests required on WT applications Test results from vendor are sent to Compliance Coordinator for review Compliance Coordinator will notify buyer of receipt and approval of test results 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 95 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. 2. 3. 4. 5. Compliance Coordinator communicates to vendor what tests are required based on product category Compliance Coordinator will note tests required on WT applications Test results from vendor are sent to Compliance Coordinator for review Compliance Coordinator will notify buyer of receipt and approval of test results 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 96 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. 2. 3. 4. 5. Compliance Coordinator communicates to vendor what tests are required based on product category Compliance Coordinator will note tests required on WT applications Test results from vendor are sent to Compliance Coordinator for review Compliance Coordinator will notify buyer of receipt and approval of test results 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 97 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. 98 Beall’s C-TPAT Letter to Business Partners To: 2/23/16 All Beall’s, Inc. (“Beall’s”) International Business Partners shipping products to the United States for the accounts of Beall’s Imports, Inc; and/or Beall’s Outlet Stores, Inc. Dear Sir/Madam, Beall’s, Inc; headquartered in Bradenton, FL, U.S.A. and its wholly owned subsidiaries; Beall’s Imports, Inc. and Beall’s Outlet Stores, Inc. have been certified and validated as a member of the U. S. Customs Trade Partnership Against Terrorism ("C-TPAT") program. C-TPAT is a voluntary U. S. government-business initiative launched to strengthen supply chain security. As part of the C-TPAT process, Beall’s must ensure that all new and existing U.S. Customs mandatory supply chain security requirements are being met internally and by our business partners. As a result, Beall’s must assess its own security practices as well as communicate Customs C-TPAT security requirements to all of its international business partners to encourage review and enhancement of their security processes as needed. What we need from you: If your company is involved with international shipments to Beall’s, Inc. and its subsidiaries: Beall’s Imports, Inc. and/or Beall’s Outlet Stores, Inc; please forward this letter to the principal or authorized security representative within your organization most knowledgeable about your company’s international shipments to Beall’s in the U.S. Read the following attachments: “Beall’s C-TPAT Expectations for Agents, Vendors and Manufacturers” “Beall’s C-TPAT Expectations Vendor Acknowledgement Form” “ Beall’s C-TPAT Vendor Self-Assessment Form” ( https://www.surveymonkey.com/r/bealls_self_assessment) “U.S. Customs Mandatory Supply Chain Security Requirements for Foreign Manufacturers” Complete and return the attached: “Beall’s C-TPAT Expectations Acknowledgement Form” and “Beall’s C-TPAT Vendor Self-Assessment Form” within two weeks of receipt if form has been forwarded by snail mail. Mark to the attention of: Beall’s C-TPAT Coordinator’s Office, Beall’s, Inc; 700 13th Avenue East, Bradenton, FL 34208, U.S.A or via email to CTPATCompliance@beallsinc.com. Please be advised that Beall’s and/or U. S. Customs could request an on-site visit to your facility to verify that the C-TPAT security requirements are been met. Beall’s accessibility to your Company’s written security procedures and evidence of periodic review of internal controls to ensure compliance is expected to be granted upon request. Your Company’s adherence to C-TPAT security recommendations will help strengthen security for all supply chain members. Questions about CTPAT may be directed to Jeff Marden, Manager Import Accounting/Compliance & C-TPAT Coordinator at 941-747-2355 or by email to CTPATCompliance@beallsinc.com. Foreign manufacturers can now apply for membership in the C-TPAT program. In order to strengthen our business partnership, Beall’s, Inc. and its subsidiaries encourage your participation in the C-TPAT program. Additional information about the C-TPAT program is available at the U.S. Customs website http://www.cbp.gov. We appreciate your cooperation in this important security initiative. Sincerely, Jeff Marden C-TPAT Coordinator 99 BEALLS, INC. NOTIFICATION PROCCEDURES in case of a cargo security incident C-TPAT Contacts / Escalation Matrix Revised February 2016 Beall's Contact Name Title Department Beall's Management · LP Officer Emergency: ext. 4911 on Duty Non-Emergency: 737-0992 · Hector GonSr. Supervisor - LP zales · Bill DVP - LP McLaughlin · Daniel Doyle SVP - HR & LP Administration · Jeff Marden C-TPAT Coordinator & Manager Import Accounting/Compliance Loss Prevention Loss Prevention Loss Prevention & HR Finance EXT 4665 100 hgonzalez@beallsinc.com 4663 BillM@beallsinc.com 4482 DanD@beallsinc.com CTPATCompliance@beallsinc.com; 4834 jmarden@beallsinc.co m Manager - Import Transpor- Transporta4242 tation tion Transporta· Jason Smith DVP - Transportation 4832 tion SPEAK UP 1-888-726-8477 N/A Communications and Talent Corporate · Laura Lynch 4589 Manager HR · Cheryl Director - Corporate Human Corporate 4375 Woeltjen Resources HR Manager - DC Human Re· Karla Lugo DC HR 4131 sources · Jamie FloDirector - DC Human ReDC HR 4218 res sources · Susan Miller Email smiller@beallsinc.com jasmith@beallsinc.com N/A llynch@beallsinc.com cwoeltjen@beallsinc.c om klugo@beallsinc.com jflores@beallsinc.com Local Law Enforcement Police at 911 · Manatee Sheriff's Dept. · Sarasota Sheriff's Dept. · FBI Contact Name/Office Tel# Main Line (in emergency, dial 911) Main Line (in emergency, dial 911) 941-7473011 941-3161201 813-2531000 Tampa Office - 24 Hours US Customs · US Customs · C-TPAT Tel# 1-800-2325378 305-4718084 1-800-BE-ALERT Miami Field Office 101 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 Purchase Order Violation Questions Accounts Payable Transportation Office (941) 744-4658 (941) 747-4378 Traffic@beallsinc.com Jasen Holman (941) 744-4146 jholman@beallsinc.com Vendors A-L – Marlene Podgis (941) 744-4369 mpodgis@beallsinc.com Vendors M-Z – Robin Moreland Delivery Appointments Return to Vendors Transportation Office Transportation Office Distribution Center Questions Christine Soto 102 (941) 744-4404 rmorelan@beallsinc.com (941) 744-4377 (941) 744-4658 (941) 747-4378 Traffic@beallsinc.com (941) 744-4568 christis@beallsinc.com 103 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. 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 104 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. 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 occur105 rence. 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 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 106 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 ‘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. 107 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. 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. 108 (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 provide 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. 109 (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 subsidiaries, 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 110 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 nonconforming 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 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 111 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 noncompliance 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. 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 112 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 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. 113 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. 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 114 115 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 116 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 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”.............................................................................................83 117 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. 118 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). 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 Tech- 119 nical 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. 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. 120 • 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 202-3263553. 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 trade-friendly 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 121 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 importer, 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. 122 §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 152507054. 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 1-888-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 123 Bealls Outlet Tickets Types: BEALL'S OUTLET TICKET TYPES PRICE TAG 1 3 10 OUTLET OUTLET 1 06/30 0722261-1210 PRICE LABEL OR PIGGYBACKS 2 for 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 6 COMPARE AT $28.00 $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 706522 1210 06/30 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) Special pricing …………………. ... Indicates the savings or special pricing for the customer SBU Bar Code……………......12 digit UPCA barcode assigned by Bealls Outlet Advertising Date....................Advertising date (if applicable) B 124 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. 125 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. 126 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. 127 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. 128 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. Scarves/Shawls: PRICE TAG – Attach with secure tag through “sewn in” vendor product tag/label. 129 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. PACKAGED ITEMS: 130 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. Lamps PRICE TAG – Attach with secure tag to lamp base or neck of lamp. 131 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. 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. 132 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. 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. 133 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. 134 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. 135 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. 136 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: 96 137 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 138 $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 139 Bealls Import Vendor Chargeback Violation Key.... 140 141 142 143