A quotation not accepted by the customer within thirty (30) days of the quotation date is subject to review and/or cancellation without written notice.
Order Cancellation by the Customer
In the case of an order cancellation by the customer, if any work has already commenced on the accepted order, “Apparel Matters” shall be entitled to full reimbursement for any costs already incurred, including penalties or restocking charges that “Apparel Matters” suppliers may charge. This reimbursement shall be taken from the advanced deposit and the balance refunded to the customer.
Experimental work performed at the customer’s request, such as sketches, drawings, composition, screens, press work and materials will be charged to the customer at current rates and may not be used without written consent from “Apparel Matters”.
Sketches, copy, dummies and all preparatory work created of furnished by “Apparel Matters”, shall remain as exclusive property and no use of the same can be made, nor any written ideas obtained by the customer from “Apparel Matters” may be used except upon compensation to be determined by “Apparel Matters”.
Condition of Customer Supplied Artwork
Estimates for printing are based on customer supplying same size or larger black and white artwork that is “camera ready” or “scanner ready” and requires no touch-up or clean-up. Additional time needed to make the artwork printer ready shall be charged to the customer at current rates.
Artwork, type, screens, negatives, positives, color separations and other items when supplied by “Apparel Matters” shall remain as exclusive property of “Apparel Matters” unless otherwise agreed to in writing.
Alterations represent work performed in addition to the original specifications. Such additional work shall be charged to the customer at current rates and be supported with documentation upon request.
Proofs shall be submitted with original copy. Corrections are to be made on the “master set”, returned and marked “Approved” or “Approved with Corrections”, signed and dated by customer. If revised proofs are desired, request must be made when proofs are returned. “Apparel Matters” regrets any errors that may occur through production undetected, and cannot be held responsible for errors if the work is printed per the customer’s approval or if the changes are communicated verbally without written approval. “Apparel Matters” shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed “Apparel Matters” to proceed without submission of proofs.
Unless specifically provided in “Apparel Matters” quotation, press proofs will be charged for at current rates. An inspection sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during time of make-ready. Any changes, corrections or lost press time due to customer’s change of mind or delay will be charged for at current rates.
Because of differences in equipment, garments, inks and other conditions between color proofing and production press room operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
Over runs or under runs not to exceed 10% on quantities ordered and/or the percentage (%) agreed upon over or under quantities ordered shall constitute acceptable delivery. “Apparel Matters” will invoice for actual quantity delivered within this tolerance. If customer requires guaranteed “no less than” delivery, percentage (%) tolerance of overage must be doubled.
“Apparel Matters” will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer, while such property is in “Apparel Matters” possession; “Apparel Matters” liability for such property shall not exceed the amount recoverable from such insurance.
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. local customer’s place of business or F.O.B. “Apparel Matters” platform for out-of-town customers. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charles related to delivery from customer to “Apparel Matters”, or from customer’s supplier to “Apparel Matters”, is not included in any quotations unless specified. Special priority pick-up or delivery service will be provided at current rates upon customer’s request. Materials delivered from customer or his suppliers are verified with delivery ticket/packing list as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets/packing lists cannot be verified and “Apparel Matters” cannot accept liability for shortages or damage to shipment in route to “Apparel Matters”. Title for finished works shall pass to the customer upon delivery to carrier at the shipping point or upon mailing of invoices for finished work, whichever occurs first.
Production schedules will be established and adhered to by the customer and “Apparel Matters”, provided that neither shall incur any liability or penalty or delays due to state of war, riot, civil disorder, fire, action of Government or civil authority and acts of God or other causes beyond the control of the customer or “Apparel Matters”.
Customer Furnished Materials
Garments, stock, camera copy, film, color separations and other customer furnished materials shall be manufactured, packaged and delivered to “Apparel Matters” specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer.
An advanced deposit of 50% of the total order price is required on all custom orders. “Apparel Matters” will not commence work until this amount has been paid. Unless otherwise agreed to in writing, buyer shall pay the balance due on the order at the time of delivery.
“Apparel Matters” shall disclaim any and all express or implied warranties of merchandisability or warranty of fitness for a particular purpose. Although “Apparel Matters” uses quality materials, due to the wide variation in laundering conditions and detergents, “Apparel Matters” does not guarantee against fading or shrinkage of garments during laundering.
Due to the practice of batch processing knitted goods when they are dyed, “Apparel Matters” cannot guarantee consistency of color on garments from dye lot to dye lot or from one order to the next.
“Apparel Matters” reserves the right to substitute materials of equal or better quality with notification, unless advance notification is agreed to in writing.
The customer shall have the right to purchase reject material at a reduced cost to be determined by “Apparel Matters”. If the customer declines to purchase the rejects, “Apparel Matters” has the right to sell them as seconds or irregulars in any manner seen fit. If the customer provided the goods to be printed on, the customer shall be entitled to all rejects. Reject rates on customer’s goods shall be within expected industry standards. “Apparel Matters” shall not be obligated to purchase rejects from the customer unless a specific reject rate ceiling is agreed to in writing prior to the start of the work.
Unless otherwise noted, all items shall be “bulk” packaged. Individual folding, tagging, bagging, etc. shall be charged at current rate.
The customer shall indemnify and hold harmless “Apparel Matters” from any and all losses, costs, expenses and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against “Apparel Matters” on grounds alleging that the said printing work violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights except to the extent that “Apparel Matters” has contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against “Apparel Matters”, provided that “Apparel Matters” shall promptly notify the customer with respect thereto, and provided further that “Apparel Matters” shall give to the customer such reasonable time which to undertake and continue the defense thereof.