Credit Application


BILLING INFORMATION

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SHIPPING INFORMATION


BANKING INFORMATION

The foregoing information is being supplied to ROCKY BRANDS, INC. for the purpose of obtaining credit. I fully understand that by signing this credit application I agree to all terms and conditions as set forth here and the corresponding pages.

Personal Guarantee

In consideration of credit being extended by Rocky Brands, Inc., to the above named applicant, the undersigned guarantor(s) ("Guarantor(s)") each jointly and severally contract and guarantee prompt and full payment, when due, of all accounts of the applicant. Guarantor(s) each expressly waive all notice of acceptance of this guarantee, notice of extension of credit to applicant, presentment or demand for payment and any notice of default by applicant and all other notices to which Guarantor(s) might otherwise be entitled. Revocation of this guarantee shall be in writing and shall be delivered by certified mail to Rocky Brands, Inc., at the address set forth above, and the revocation of the Guarantor's or Guarantors' obligations hereunder shall only apply to credit extended to the applicant after the date Rocky Brands, Inc. actually receives such notice of revocation.

Security

To secure payment and performance of all obligations, Customer hereby grants Rocky Brands Inc. a continuing purchase money security interest in all inventory, equipment, and goods manufactured by or distributed by Rocky Brands whenever sold, consigned, leased, rented or delivered, directly or indirectly, to or for the benefit of Customer by Rocky Brands, wherever located, now owned and hereafter acquired including but not limited to all Rocky Brands products and all replacement parts, accessories and supplies including repossessions and returns; and all proceeds from the sale, lease or rental thereof; and all existing or subsequently arising accounts and accounts receivable, all books and records, and supporting obligations which may from time to time hereafter come into existence during the term of this Security Agreement. Rocky Brands’ purchase money security interest is explicitly limited to outstanding obligations between Rocky Brands and Customer. Customer will maintain the Collateral in original condition but for the ordinary wear and tear, and will insure the Collateral against all expected risks. Customer will not subject the Collateral to any adverse encumbrance or lien, or sale or other transfer other than as approved in writing by Rocky Brands including through this Agreement. If Customer fails to timely make any payment, Rocky Brands may repossess and remove any Product(s) from Customer with or without Notice. Customer will not locate the Collateral at any location other than as known to Rocky Brands. Customer will promptly advise Rocky Brands of any change of Customer's name or business nature, location, and business openings and closings. The following constitute Customer defaults: Non-payment in timely fashion of Customer’s indebtedness to Rocky Brands bankruptcy, insolvency, or assignment for the benefit of creditors; misrepresentation in respect of any provision of this or any Agreement between Rocky Brands and Customer. In the event of default Rocky brands may declare all unpaid balances due and payable and or may require Customer to assemble the collateral and make it available to allow Rocky Brands to take possession or dispose of the collateral. Customer authorizes Secured Party to file a UCC Financing Statement describing the collateral.

24-HOUR ORDERING SERVICE CONTINENTAL UNITED STATES ALASKA-HAWAII-CANADA-INTERNATIONAL
WEB: at www.rbconx.com PHONE: 1-800-848-9452 or Internationally: 1-740-753-1951 FAX: 1-740-753-5537

PLACING YOUR ORDER:
When placing your order, please have the following information available:
• The name your account is billed under, along with your address and phone number
• Your customer account number, which is located above your account name and address on all invoices
• Your purchase order number, if applicable
• Ordering details (style number, sizes, widths, number of pairs)

TERMS & CONDITIONS:
As used herein, “Buyer” shall refer to the retailer that is purchasing directly from Rocky Brands, Inc. (“Rocky®”) and “Consumer” shall mean the individual who purchases Rocky® goods from Buyer for personal, family or household use.
• Credit approval: Acceptance of all orders is subject to final approval by the
Rocky® Credit Department. Approval is subject to Buyer’s acceptance of these
Terms and Conditions as well as their credit worthiness and suitability as determined in the sole judgment of the Rocky® Credit Department.
• Minimum opening order and minimum annual business: $4,500.00. Rocky® reserves
the right to hold or cancel pending orders for accounts with past due balances.
• Prices and/or specifications and materials are subject to change without notice.
• Rocky® must be advised, in writing and in advance, of any changes in Buyer’s ownership.
• Buyer will notify Rocky® in writing for any claim for breach of warranty, for
failure of or delay in delivery or performance, or any other claim under Buyer’s purchase order within sixty (60) days after Buyer's receipt or failure to receive product (the “Claim Period”). Buyer may notify Rocky® of a claim after the expiration of the Claim Period; provided, however, that
1) Rocky® will not be liable for any loss or damage claimed by Buyer after expiration of the Claim Period, and
2) Rocky® may offset from any amount otherwise owed to Buyer hereunder any loss, damage, or expense of Rocky® attributable to Buyer’s delay in making their claim.
Rocky® does not research (post audit) claims that are more than one year old. Claims older than one year will be denied.
• Buyer agrees that its relationship with Rocky® shall be governed by the laws of the State of Ohio. Buyer and Rocky® agree that the exclusive jurisdiction and venue of any action with respect to their relationship shall be in the state courts of Athens Rocky® reserves the right to cancel any style without notice or obligation to deliver unfulfilled demand.
• Value Added Services (VAS): Value added services such as special packaging, tagging, pre-ticketing, stuffing and labeling will be priced accordingly when requested by the dealer.

SHIPPING TERMS:
All sales are Free On Board (F.O.B.) at Rocky® Distribution Centers. Purchaser assumes all insurance and delivery risks of loss or damage F.O.B. point as provided by common law. The responsibility for providing shipping instructions is that of the Purchaser. If the purchaser has specific routing instructions these must be provided to Rocky® in writing and in their entirety upon placement of an
order. Non-specified shipping will be sent “best way” at Rocky’s® sole discretion. Rocky® will exercise reasonable care and diligence to determine the lowest cost alternative, but assumes no responsibility to do so.

INTERNET SALES:
Rocky® dealers shall not sell Rocky® products on home pages or websites without
prior written agreement.

THE ROCKY® WARRANTY:
All Rocky® products have a one year limited warranty in normal use, against any
manufacturing flaw(s), defective materials or workmanship. This warranty also covers GORE-TEX® bootie liners against leakage for one year. Products with all other waterproof construction are guaranteed waterproof for six months from the date of purchase. The Rocky® warranty does not cover damage due to holes worn in toes, burn marks, punctures, cuts and abrasions from outside causes, normal wear or misuse and/or abuse by the Consumer/wearer. The warranty may also be void if the Consumer/wearer applies any materials not recommended for footwear, such as polishes, oils or other chemicals that result in damage to the materials of the footwear or apparel.

This limited warranty does not cover, and Rocky® makes no warranty regarding, defects or failures caused by accident or improper handling or defects or failures caused by the failure to use or maintain the products according to Rocky’s® recommendations. Rocky® makes no other warranty or representation, express or implied. Without limiting the foregoing, Rocky® makes no warranty of merchantability or fitness for a particular purpose, which are hereby expressly disclaimed.

In case of Rocky’s® breach of the limited warranty set forth above, Rocky® shall, at its election and in its sole discretion, either replace the product or issue a credit memo for the full or prorated wholesale cost of the product. The remedy set forth in this paragraph shall be the Buyer's sole and exclusive remedy for Rocky’s® breach of the limited warranty set forth above. Under no circumstances shall Rocky® be liable to the Buyer or any other party for any consequential, incidental, economic, direct, indirect, general or specific damages, whether arising out of contract or tort, whether arising out of negligence or strict liability, arising out of, based upon or relating to the sale or use of the products.

DEALERSHIP RETURNS GOODS POLICY:
Rocky® does not sell or supply products on a sale or return, guaranteed sales or consignment basis. Sales representatives do not have the authority to guarantee
sales or accept return products for credit. Regarding worn and/or damaged returned goods, Rocky® Return Goods Department shall have the sole and final decision as to the cause of damage and replacement judgment. Rocky® requires proof of purchase when sending products back for inspection. Please have the Consumer clean the products before returning them to Buyer for return to Rocky® for inspection. Rocky® DOES NOT ACCEPT PRODUCTS DIRECTLY FROM THE CONSUMER. This is the Buyer’s/Dealer’s responsibility and is the standard practice in the industry.

A Return Authorization Number (RA Number) is required for ANY return.
Any unauthorized returns will be returned to the sender at his or her expense. An RA Number may be obtained in any of the following ways:
1. Call your Rocky® Representative
2. Email requests to: rarequest@rockybrands.com
3. Fax requests to: (740) 753-5509
The Buyer must provide The Company Name, Account Number, Style, Size, Width and specific manufacturing defect along with a request for either a replacement or account credit.
These terms and conditions are subject to change without notice.