TERMS OF USE

Last Updated: November 8th, 2019

Please read these Terms of Use carefully before using this Website.

This website, https://www.companygear.carhartt.com (referred to as the “Website”) is offered to you by Carhartt, Inc. (which we may refer to as “Carhartt,” “we,” “us,” or “our”).

It is important that visitors to the Website are aware of their respective legal rights and obligations when using the Website. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS (E.G., REQUIRING ARBITRATION, PROHIBITING CLASS RELIEF, AND LIMITING OUR LIABILITY). By accessing or using this Website, you agree to be legally bound by these Terms of Use and all terms contained or referenced herein or any additional terms set forth on any portion of the Website. If you do not agree to all of these terms, you should not access or use this Website.

Modifications. We reserve the right to update and make changes to these Terms of Use at any time by updating this posting or providing notice to you as permitted under applicable law. By using the Website, you agree to be bound by any such changes. You should periodically visit the Website to review the current Terms of Use that govern use of the Website.

We further reserve the right to modify, discontinue or make updates, in whole or in part, to the Website or the Content (as defined below) or features of the Website at any time without notice.

Eligibility. The Website is available to people residing in the United States who can form legally binding agreements under applicable law. Access to the Website may be prohibited in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access. This Website is intended solely for purchase of products intended for internal business use. Purchase of products for resale is strictly prohibited. By using the Website, You agree and represent that you are buying for your own internal business use only, and not for resale.

Privacy Policy. Personal information collected or used in connection with this Website will be used in accordance with the Carhartt’s Privacy Policy and these Terms of Use.

Establishing an Account. To purchase any items offered on the Website, you must set up an account on the Website. When you register, you must complete the registration process online by providing Carhartt with current, complete and accurate information. By way of illustration and not limitation: You may be required to provide your name, company name, company mailing address, company industry, company size, company phone number, username, password, e-mail address, and certain additional information (such as, for example, preferred contact method). Each user setting up an account on the Website is responsible for updating your account information and keeping account information confidential. You agree that you are solely responsible for any communications or other uses made using your account information, as well as for any order, purchase or other obligations, which may result from such use. You agree to notify Carhartt immediately of any unauthorized use of your account or any other breach of security. If we believe the details are not correct, current, or complete, we have the right to terminate or suspend your account on the Website. Only one account may be associated with a single address. If an account already exists with a company mailing address, you will not be able to open an account with that address.

Termination or Suspension of a Website Account. You agree that Carhartt, in its sole discretion, may terminate, suspend, or disable your use of the Website and Content at any time and for any or no reason, in its sole discretion, if (i) Carhartt believes you have violated or acted inconsistently with these Terms of Use, (ii) in order to comply with applicable law, or (iii) in any other circumstances Carhartt deems appropriate, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website. Further, you agree that Carhartt shall not be liable to you or any third party for any termination or suspension of your access to the Website. If Carhartt terminates, suspends, or disables your Website account, you remain obligated to pay Carhartt for all unpaid purchases made prior to the termination or suspension of your Website account.

Purchasing Products Using an Account. If you have registered for a Website account, you may order products by logging in to your Website account. When you place a product in the shopping cart on the Website, you will be prompted to enter your Website account log-in information. From there, follow the instructions provided on screen to check out or purchase the product. Upon completion of the online order process, your purchase will be charged to you using the billing information you provided in connection with your Website account. You will subsequently receive acknowledgment of the order and/or a receipt by email to the email address associated with your Website account. To purchase a product on the Website, you must be a customer with an active account in good standing with a Carhartt. Please note that if you purchase a product from the Website, our Terms of Purchase apply to your purchase. Click Here to consult the Terms of Purchase.

By placing an order, you understand that (i) Carhartt’s acknowledgement of an order is not acceptance of an order and Carhartt may reject or cancel an order at any time; (ii) you must have an existing account with Carhartt and agree that Carhartt may charge the selected method of payment at the time of your transaction; (iii) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees; (iv) you will pay all taxes; and (v) if Carhartt does not receive payment from your payment card issuer, you will pay all amounts due upon demand.

Submissions for Customized Orders. We have no obligation to proof or otherwise to pre-screen (i.e., confirm the digital files are all present, valid, correctly formatted, of the desired type, meet content requirements, etc.) or provide quality assurance review of any files or the content or layout of your order. Prior to placing an order for customized products, you must review the text and content of your submission thoroughly for accuracy. Orders are printed in their “as submitted” form and you are solely and fully responsible for any text or content you submit and final proofing. Carhartt is not responsible for misspelled or mis-designed submissions; however, we reserve the right to reject orders and submissions that do not meet Carhartt policies or requirements. Our production of a product depicting the text or content you submit does not indicate that we approve the text or content. Be advised the Website includes a virtual representation of your final product, and the preview and digitized artwork may vary from the final product depending on your tool. Carhartt reserves the right to make digitization suggestions or decisions for design quality purposes. Digitization results may vary based on product, logo, designs, texture, fabric, number of colors, and similar reasons.

You are responsible for ensuring that any files submitted by you are in the proper format and transferred via a permitted transfer method. We reserve the right to limit the number of revisions you make to an order. If you have time sensitive material (i.e., it has a specific date by which it must be delivered), please plan accordingly. Product turnaround times and shipping times are estimates only. We will process customs orders as quickly as possible, but please allow up to 30 business days for processing.

Carhartt Brand Guidelines. Carhartt prohibits placing logos, emblems, or deigns on Carhartt products that may negatively impact Carhartt’s brand in Carhartt’s sole discretion, including, without limitation, logos, emblems, and designs that are obscene, vulgar, advocate or display violence or illegal activity, and/or relate to sex (excluding gentleman’s clubs) and pornographic industries. Carhartt is an environmentally conscious and socially and politically aware brand and reserves the right to prohibit logos, emblems, and designs that, in its sole and absolute discretion, run counter to, or are inconsistent with, its brand identity. The decoration of any Carhartt garment with the proprietary mark, name or logo of any company or organization without the appropriate license and/or authorization of the company or organization is expressly prohibited.

Intellectual Property. By placing a custom order, you certify you have the lawful right to use all text and content submitted in your order and to authorize Carhartt to copy, print and use the text and content to customize the product in the quantities requested in your order. IMPORTANT: You represent and warrant that your Submission (as defined below) does not infringe or violate any copyright, trademark, or other intellectual property or proprietary right of a third party or constitute counterfeiting, piracy, misappropriation of another’s idea or rights of privacy or publicity. You agree that you will not contribute any Submissions unless you have all of the rights (including rights from the copyright owner) necessary to grant Carhartt the use license, and to satisfy all of the warranty requirements, described above. We reserve the right (but have no obligation) to request confirmation from you in writing of your rights to or permission with respect to any text or content you submit with your order.

“Carhartt Intellectual Property” means all industrial, commercial and intellectual property rights owned by Carhartt including but not limited to all trademarks, copyrights, patents, trade dress rights, rights of publicity and/or other intellectual property rights owned, controlled, or licensed by Carhartt. Carhartt reserves all of its rights to and in all Carhartt Intellectual Property, and nothing herein grants any rights in Carhartt Intellectual Property to you. By using the Website, you agree not to take any action that is inconsistent with or in violation of Carhartt’s Intellectual Property rights.

No Implied Affiliation, Collaboration, or Association. Customized goods should not be construed as creating an affiliation, collaboration, or any other type of association between You and Carhartt. You agree not to make statements or representations to any third party or take any other action that would tend to imply any such affiliation, collaboration, or association.

Product and Technical Information. We provide products for purchase. We do our best to describe every product or service offered on the Website as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Website are complete, accurate, current, or error-free. The detail and accuracy of the images and specifications of products that you see on the Website will depend on a number of things, including your device, computer equipment and Internet connections. We may update the products, images, available features, services or specifications from time to time. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.

Product Availability. We make efforts to keep the Website and available inventory of products current and up to date. However, we cannot guarantee that any product listed on the Website will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.

Design Tools. The design tools provided on the Website employ a number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other end users may use the design tools to create designs that have similar or identical combinations of these elements and we do not guarantee that your design will not have similarities to other designs created and used by other parties. We provide no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a design is legally available for your use and does not infringe the rights of another party.

Ownership of Content. Content included on the Site, including information, data, software, images, photographs, videos, and other material (collectively “Content”) are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Carhartt (and its licensors) own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto, and you acknowledge and agree to Carhartt’s ownership thereof. The rights in the Content are retained by the respective owner and are protected by copyright and other applicable law. Except as expressly authorized or licensed, you may not sell, license, rent, download, modify, distribute, copy, reproduce, transmit, display, publicly perform, publish, adapt, edit or create derivative works of, or otherwise use for commercial purposes the Website and/or any Content. The software, applications, algorithms and technology used to provide the Website and functionality remain the exclusive property of Carhartt or our vendors and licensors. Attempting to access or use the Website and Content for any purpose not expressly permitted in the Terms of Use is prohibited.

Submissions. You have the ability to provide, post, upload or otherwise submit to the Website text, logos, graphics, icons, photographs or other content and materials (collectively, "Submissions"). By submitting a Submission, you certify that you are eighteen (18) years and have the right and authority to submit the Submission and if submitting on behalf of an employer, have authorization from your employer to submit the Submission. You are solely responsible for your own Submissions. Without limiting the generality of anything set forth in these Terms of Use, all of the Codes of Conduct described these Terms of Use below apply to such Submission. We have no obligation to store, maintain or archive a Submission. A Submission may not be accessible after completion of your order. You are solely responsible for creating back-up copies of your Submissions. Carhartt cannot provide copies of your Submission to you.

License to Use Comments, Feedback and Ideas. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant Carhartt a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

Use Restrictions. Carhartt has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time for any reason, and to take any additional action we deem in our sole discretion to be appropriate in relation thereto. Without limitation, you agree not to:

  • use any incomplete, false or inaccurate information for purposes of registering as a user of the Website, or for purposes of registering for any Content, services, or promotions offered through the Website; or create accounts on the Website by any automated means or under false or misleading pretenses;
  • take any action that imposes an unreasonable or disproportionately large load on the Website’s computing, storage, communications or other infrastructure;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
  • use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website to harvest or otherwise collect Content or other information from the Website;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary Content (including page layout, or form) contained on the Website;
  • use any meta tags or any other “hidden text” utilizing Carhartt’s name or trademarks;
  • allow any other person or entity to use your username or password;
  • use or attempt to use the Website to send, promote or engage in unauthorized or unsolicited emailing, including junk or bulk advertising (“spamming”), chain letters or any form of lottery or gambling; expose the Website to software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Carhartt or any third party;
  • post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
  • violate any law, contract, or intellectual property right, or commit a tort.

  • You further agree not to violate or attempt to violate the security of the Website, including, without limitation by:
  • accessing or attempting to access data, systems, or networks not intended for you or logging into a server, account, service, or Content that you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with the Website’s operation or its service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming”, “mailbombing” or “crashing” the Website; forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

In regards to any occurrence or activity which we believe violates these Terms of Use, we may investigate and fully cooperate with any law enforcement authorities, court orders, or legal process, including any such authorities, orders, or process which may request or direct Carhartt to disclose the identity of any person. Violations of these Terms of Use may result in civil or criminal liability.


Warranties. CARHARTT’S STANDARD PRODUCT WARRANTIES IN EFFECT ON THE DATE OF THE INVOICE APPLY FOR THE APPLICABLE PRODUCTS. STANDARD WARRANTY DOES NOT COVER DAMAGE CAUSED BY NORMAL WEAR AND TEAR, MISUSE, NEGLECT, OR OBVIOUS ABUSE OF THE PRODUCT. CARHARTT ASSUMES NO LIABILITY FOR GARMENTS THAT HAVE BEEN ALTERED, INCLUDING CARHARTT FACILITATED EMBROIDERY.

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE, CONTENT AND USER CONTENT ARE PROVIDED BY CARHARTT WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CARHARTT AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF CARHARTT (COLLECTIVELY WITH CARHARTT, THE “CARHARTT GROUP”), AND ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE WEBSITE, CONTENT OR USER CONTENT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE WEBSITE, CONTENT OR USER CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.

The Carhartt Group and its or their respective contractors, employees, shareholders, members, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Website or the services which make this Website available or electronic communications sent by Carhartt are free from viruses or any other harmful elements. Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE CARHARTT GROUP OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS OR SUPPLIERS (“COVERED PARTIES”) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE WEBSITE, CONTENT OR USER CONTENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR ANY OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, CONTENT OR USER CONTENT, EVEN IF CARHARTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF ANY COVERED PARTY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Links to Third Party Sites or Content. Carhartt is in no way responsible for the content of any site owned by a third party that may be linked to or from the Website, whether or not such link is provided by the Website or by a third party in accordance with the Terms of Use. These other websites are not under Carhartt’s control, and you acknowledge and agree that Carhartt is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by Carhartt or any association with its operators. Additional or different terms and conditions may apply when you are accessing and using such other websites.

U.S. COPYRIGHT INFRINGEMENT CLAIMS

If you know or suspect that any of the materials on this Website have been used or copied in a way that constitutes copyright infringement, please send notice to Carhartt’s designated agent identified below. Pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must include the following:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    The designated agent for notice of copyright infringement claims may be reached as follows:
    Legal Department Carhartt, Inc. 5750 Mercury Drive Dearborn, Michigan 48126

    The preceding information is provided exclusively for notifying Carhartt that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.

    Indemnification. You agree to (a) defend the Carhartt Group and its or their respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of the posting, content or transmission of any message, data, material or any other Submissions you submit on the Website or any violation of these Terms of Use by you, and (b) indemnify Carhartt for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. Carhartt, as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Carhartt in asserting any available defenses.

    Reservation of Rights. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Website and/or any software, facilities, and services on the Website, with or without notice and/or to establish general guidelines and limitations on their use. We will have no responsibility or liability for failure to store or delete any Content and/or Submissions submitted to the Website.

    Integration and Severability. The Terms of Use (including and together with any terms incorporated herein) are the entire agreement between you and Carhartt with respect to the subject matter herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Carhartt with respect to the subject matter herein. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

    No Waiver. No failure on the part of Carhartt to enforce any part of these Terms of Use shall constitute a waiver of any of Carhartt’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Carhartt nor the reliance of any person on Carhartt’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Carhartt shall have any legal effect whatsoever.

    Notice for California Users. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

    Choice of Law. With the exception of the Section regarding Disputes (provided below) which will be construed in accordance with the FAA, these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Michigan.

    Disputes; Binding Arbitration; No Class Relief. To the fullest extent permissible by law, with the exception of disputes pertaining to Carhartt’s intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and Carhartt arising under these Terms of Use shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall be a retired judge or justice of any Michigan state or federal court with substantial experience in the internet industry and shall follow Michigan substantive law in adjudicating the dispute, except that this Section 21(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Carhartt. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Carhartt shall pay the costs and fees of JAMS and the arbitrator. Carhartt agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

    Contact Us. If you have any questions regarding these Terms of Use, please contact us.

  • TERMS OF PURCHASE

    Last Updated: November 8th, 2019

    These Terms apply to your purchase(s) from the https://www.companygear.carhartt.com (“Website”) of products and accessories available for purchase. These Terms, the Terms of Use and Privacy Policy govern all purchases you make on this Website.

    No purchase for Resale. The Website is intended solely for Carhartt to sell Carhartt products directly to customers for their own private business use, and therefore purchase of products for resale is strictly prohibited. “Purchase for resale” means the purchase of Carhartt products by someone who resells, or intends to resell, the Carhartt product to others (including consumers, businesses, or any other third party). If Carhartt believes you are involved in purchase for resale, Carhartt reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

    Price and Payment. Prices advertised on this Website do not include applicable sales taxes or shipping charges. Your total price (including taxes and shipping charges) will be specified in the final checkout screen and stated on your purchase receipt provided via e-mail to the e-mail address provided with order. We recommend that you print or download your purchase receipt for future reference. Orders are not binding upon Carhartt until accepted by Carhartt. Carhartt reserves the right to cancel orders as set forth in these Terms and the Terms of Use. Discounts or special offers available with your Website account may be automatically reflected with the purchase price in the shopping cart, once you log in using your Website account. Please note that purchases made through the Website do not qualify for Groundbreakers Loyalty Program points, offers, or other incentives.

    We accept the methods of payment listed on the Website. Gift cards cannot be redeemed for purchases on this Website. We may authorize and charge your payment method at the time of purchase for the value of your order plus any applicable taxes and shipping charges. You authorize us to charge your payment method when we bill you for the charges incurred by you. For security, we reserve the right to cancel any order in which the billing name and address does not match that of the payment method used for payment.

    Order Quantities. We reserve the right to require minimum bulk quantities for orders. We further reserve the right to limit quantities included in an order.

    Inspection of Products. You must examine the purchased items when you receive them. If any item is damaged or defective, you must notify Carhartt by contacting Carhartt Customer Service in accordance with the Returns Policy.

    Shipping and Returns.

    We ship and deliver products to you in accordance with our Shipping & Returns Policy, which is incorporated by reference into these Terms of Purchase – click here to read our Shipping & Returns Policy. Products can be shipped only to a single delivery address in the United States. No split orders will be provided. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when the goods are delivered to the carrier for shipment.

    In addition to the Shipping & Returns Policy, the following terms apply to any customized order we receive on the Website:

    For Customized and Embroidered Goods.

    NO CANCELLATION BY CUSTOMER. WE BEGIN PROCESSING YOUR ORDER PROMPTLY AFTER YOU PLACE IT. ONCE AN ORDER IS RECEIVED THROUGH THE WEBSITE, YOU MAY NOT MODIFY OR CANCEL IT.

    Reprints, Returns and Refunds. All orders for printed or embroidered goods are considered customized orders. We have no obligation to accept a return or reprint or refund an order unless there the product or embroidery service is determined to be defective in accordance with Carhartt policy. In addition to the other terms provided on the Website, we are not responsible for:


    • Spelling, punctuation or grammatical errors made by the end user.
    • Inferior quality or low-resolution of uploaded images.
    • Design errors introduced by the customer in the document creation process.
    • Errors in user-selected options such as choice of finish, quantity or product type.
    • Damage to the products arising after delivery to the end user.
    • The differentiation of colors and sizes as they appear on the computer screen of the end user during the ordering process prior to processing, as compared to the finished products.
    • Any color shift in converted images with black, near black, or gray tones. Proofs do not guarantee black, near black or gray final output.
    • Effect of the application of digitization services upon the appearance of printed colors. We are not responsible for the final color appearance.

    If you believe your order is defective or has not otherwise met your requirements, please contact Customer Service at (866) 698-1125 or companygear@carhartt.com or according to the information provided on the Website within 10 business days of receiving your order. If you do not contact us within this time frame, we have no obligation to accept a return or provide a refund or reprint. Once you have contacted us, we will determine if a reprint or refund is appropriate, or to advise you that more information is needed to process your inquiry. We reserve the right to request samples of any allegedly defective merchandise. If we request additional information to verify an inquiry and it is not provided within a reasonable time, we will be under no obligation to accept a return or provide a refund or reprint.

    Uploaded Submission Requirements. We recommend that Submissions uploaded to the Website for the purpose of embroidery customization should be .PNG, .JPEG, or .PDF and under 10 MB in size. Resolution and image quality should be high enough to render on the product clearly. Digitization of these assets for the purpose of embroidery may result in a slight variation of color as well as image, especially where fine lines are present. There will be no graphical edits made during the digitization process such as the removal of phone numbers or changes to background colors. Submissions may be uploaded in RGB or some other standard if you choose, however, the color will be converted and we are not responsible for any inaccuracy or color shift that occurs as a result of the conversion. We reserve the right to reject Submissions that do not meet these requirements.

    NOTE: TIME SENSITIVE MATERIALS - If you have dated or time sensitive material (i.e., it has a specific date by which it must be delivered or that you must have it in your hands), please plan accordingly. Product turnaround times and shipping times are estimates only. Leave plenty of time to receive your order and do not rely on turnaround times or shipping times meeting their minimum targets (e.g., if the turnaround time is 5 to 7 days, do not assume 5 days). We strongly suggest that you plan the desired production turnaround and shipping times so the order is received at least 30 days in advance. If multiple products are involved, use the product with the longest turnaround and delivery time as the guide for all products in the order.

    Warranties. CARHARTT’S STANDARD PRODUCT WARRANTIES IN EFFECT ON THE DATE OF THE INVOICE APPLY FOR THE APPLICABLE PRODUCTS. STANDARD WARRANTY DOES NOT COVER DAMAGE CAUSED BY NORMAL WEAR AND TEAR, MISUSE, NEGLECT, OR OBVIOUS ABUSE OF THE PRODUCT. CARHARTT ASSUMES NO LIABILITY FOR GARMENTS THAT HAVE BEEN ALTERED, INCLUDING CARHARTT FACILITATED EMBROIDERY.