Wholesale Terms and Conditions



Preseason Orders


Performance Apparel LLC, manufacturer of Hot Chillys, Snow Angel, and Polarmax requests a 30-day shipping window.

Preseason orders placed by our preseason deadline are eligible for special terms and programs. See Terms and Price Sheet for details.

Credit applications must be signed, received and approved by Performance Apparel LLC before new accounts can be shipped on terms. Even if you have your own internal credit reference sheet, we ask you to sign our credit application along with that information so that we have your written authorization to contact your references.

For preseason orders with start ship dates prior to 10/15, all revisions and cancellation requests must be received in writing no less than 14 days prior to the start ship date. For preseason orders with start ship dates of 10/15 or later, all revisions and cancellations requests must be received in writing no less than 7 days prior to the start ship date. Performance Apparel LLC ships preseason orders from our warehouse no more than 2 weeks ahead of the start ship date.

Performance Apparel LLC can accept “bulk orders” that will receive corresponding individual store location “breakouts” at a later date. For “bulk orders” with start ship dates prior to 10/15, Performance Apparel LLC requires receipt of the breakouts no less than 21 days prior to the start ship date to insure on time delivery. For “bulk orders” with start ship dates of 10/15 or later, Performance Apparel LLC requires receipt of the breakouts no less than 14 days prior to the start ship date to insure on time delivery. Failure to comply may result in the need to ask for an extension of the start and cancel dates. Any requests to change “bulk orders” need to be received in writing no less than 14 days prior to the start ship date for orders with start ship dates prior to 11/1 and no less than 7 days for orders with start ship dates of 11/1 or later. Following these lead times will give Performance Apparel LLC adequate time to pack the units for each of the individual delivery locations.


In Season At-Once Delivery Orders


In season orders are any orders received after our preseason deadline. Any In Season orders received prior to 10/15 for At-Once delivery require a 14-day shipping window from the time credit is approved. In season orders received after 10/15 for At-Once delivery require a 3-business day shipping window from the time credit is approved.




Performance Apparel LLC makes significant effort to ship your order on the start ship date, complete and without the need for a backorder to be created.

In those cases where a backorder is created, it will remain in the system until shipped or cancelled. All backorders not shipped within 60 days of the requested ship date will be cancelled unless an earlier cancellation is requested in writing by the customer.





Universal Product Codes (UPC)


All UPC code information is available on our B2B website. If you need access please send an email request to sales@hotchillys.com. You can also find UPC code data on our E-Order form.

All Performance Apparel LLC products have a scan ready UPC bar code attached to the packaging and/or hang tag. Performance Apparel LLC reserves the right for a 2% error rate in UPC encoding or readability.

Chargebacks for incorrect UPC coding are not allowed.


Custom Merchandise and/or UPC Ticketing


Performance Apparel LLC has taken great care in setting reliable procedures for processing custom tagging requests. Performance Apparel LLC limits the liability of chargebacks to the cost charged to the customer for the service requested. In the unlikely event of an error, Performance Apparel LLC cannot be held responsible for any additional service fees, re-handling charges or lost profits.

Pre-ticketing services need to be requested at the time orders are submitted and the orders need to be submitted by our preseason order deadline. There will be a charge for this service.

Customer supplied tickets must be provided to Performance Apparel LLC at least 30 days prior to the start ship date of the orders.

To allow for damaged tickets, please provide a 10% overage of tickets (no less than 10%, no more than 50%).

In the event Performance Apparel LLC is not supplied with enough stickers to completely sticker the order, the un-stickered product may be packed separately, and the box marked “Un-stickered Product”.




Performance Apparel LLC will, from time to time, change the graphics, dimensions and/or materials of packaging. These are “rolling changes” that flow through our inventory and distribution. When possible, Performance Apparel LLC will provide new packaging.

If you would like replacement packaging, there is a charge for this. Please contact customer service to discuss options.





Traffic Routing


Freight charges are the responsibility of the customer.

Customers who designate specific LTL or truckload carriers must assure that their freight will be picked up in a timely manner. Once routing is requested and provided, freight must be picked up from our facility no later than 48 hours after the routing has been provided. Late pickup may result in freight being moved to a storage facility or routing via a carrier of our choice. Storage costs will be incurred.

If specific carriers or shipping accounts are to be used with your order, please send routing instructions to sales@hotchillys.com at least 30 days prior to your start ship date.

If a designated carrier is not specified, Performance Apparel LLC will choose the carrier at its discretion.

If a carrier is used other than the one designated on the order, or in the customer vendor guide, Performance Apparel LLC limits liability only to the difference in freight amounts.

Title of goods transfers to the customer upon shipment from Performance Apparel LLC warehouse facilities (FOB North Carolina). Performance Apparel LLC will assist in filing of claims for lost or damaged freight upon request. Lost or damaged freight is not grounds for late or non-payment of invoice by the due date.


Carton Packing


A copy of the packing slip is located on or in the first carton of the shipment. Multiple cartons are numbered in a “1 of X” format to assist in tracking.

Products are packed as efficiently as possible for safe passage and freight reduction purposes. In some instances, paper or plastic may be used to divide or protect product inside the carton.

Products required to be packed by SKU may require additional handling charges for the increased packaging usage.


EDI Transmission


Performance Apparel LLC requires a minimum retail store order volume of $25,000 per season for EDI services.

Performance Apparel LLC will cover the initial EDI setup and any related charges. Any subsequent charges initiated by customer will be charged back at cost to the customer.







Every order is given a quality check for accuracy prior to shipment. Each box is weighed and entered into our manifest systems. The information that we compile enables us to accurately analyze disputed shipments. Performance Apparel LLC will thoroughly research each disputed shipment and a decision will be made based upon actual recorded data.

Shipping discrepancies, i.e., any errors in the quantity of the products received, must be reported to Customer Service within 30 days after receipt of your order.

There will be no adjustments considered if notification of discrepancies is past the 30-day deadline.

After Performance Apparel LLC has researched a disputed shipment and shortage or mis-shipment is evident, a replacement order is shipped without freight cost to the customer.

No deductions on an invoice will be honored. A $50 penalty will be charged for a deduction from an invoice for an unresolved discrepancy. The outstanding balance, if overdue, is subject to finance charges.





Manufacturer's Warranty


Performance Apparel LLC products are covered by a 1-year limited warranty that covers defects of workmanship and materials but does not cover damage due to improper use or care, negligence, acts of God, normal wear and tear, modifications/alterations or extensive exposure to extreme conditions. This warranty is subject to inspection and approval by Performance Apparel LLC. Performance Apparel LLC may choose to repair or replace the item at the discretion of Performance Apparel LLC.


Return Authorization Number


All returns must have a RETURN AUTHORIZATION NUMBER displayed prominently on the outside of the package. The number is assigned by calling our Customer Service Department at 800-468-2445.

The authorization expires 30 days from the date the return authorization number is issued and is valid only for the type and quantity of products for which it was issued.

If merchandise is returned without a valid, unexpired return authorization number on the outside of the box, the merchandise will be refused.


Disposition of Returns


No return authorization will be issued for discontinued styles, colors or prints unless the return is due to manufacturers defect.

Defective merchandise will be replaced only if it’s in the current product line.

Performance Apparel LLC will pay freight on inbound and outbound shipment of replacement product for mis-ships or defective merchandise returns.

For returns or exchanges of product that are not associated with mis-ships or defective merchandise, the customer is responsible for both inbound and outbound freight.







All orders are subject to credit approval by Performance Apparel LLC.

Invoices are sent via email. Please submit an accounts payable email address with your order. Contact sales@hotchillys.com for any changes.

Any contact, especially via email, regarding changing Performance Apparel's remittance information should be verified by calling 800-468-2445 or emailing sales@hotchillys.com. 

Invoice numbers should be noted on or attached to your check.

Checks should be mailed to:

Performance Apparel LLC,

PO Box 2716

Southern Pines NC, 28388


To pay via ACH or credit card please contact A/R - accountsreceivable@hotchillys.com


Unauthorized Deductions


Any authorized credit must be deducted from your invoice during the current sales season.

Deductions cannot be taken from invoices unless approved in writing by Performance Apparel LLC.




Credit Applications must be received and approved by Hot Chillys® before new accounts can be shipped on terms.


In the event payment is not received on or before the due date as stated on the invoice, credit extension will be revoked for future orders.. Unshipped orders will be held until account is current and in good standing.


Any invoices 60 days or more overdue will accrue interest beginning on day 61, and will compound daily at an annual rate of 14.6% or the maximum rate permitted by applicable law until payment is made in full.

Severely overdue accounts reaching 150 days past due will be turned over to collections. The Customer will be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys' fees, courts costs, and collection agency fees.


Credit Memos


In the case of a human error in the fulfillment or invoicing of your order, we will do everything possible to correct the situation at our expense. We cannot agree to arbitrary chargebacks or fees. If there is a problem with your order, please contact our Customer Service Department, within 30 days of receipt of the order, at 800-468-2445.


Returned Checks


All returned checks will be subject to a $25.00 handling fee.