-Once the order has been placed, it cannot be cancelled or refunded under any circumstances, even if you are unhappy with the final product. After initial payment, we will special-order materials to make the order. If you want to cancel the order, your initial payment (deposit) may not be refunded, as it represents the costs of materials, labor, and our consulting time.if you are unhappy with our sample and want to cancel the order, a maximum of 50% of the total order cost may be returned to you at our discretion. We value our consulting time at atleast 50% value of the total order.
-The physical goods will be made according to tech packs provided by the customer (you). However, the physical end product that you receive may not be exactly like the tech pack due to material availability. For example, pantone color codes cannot be matched at 100% accuracy, due to the fact that threads, ink, and fabric are not manufactured according to exact Pantone color codes. We will match them as closely as reasonably possible.
-Quantity is accepted + / – 3% Tolerance per shipment. If we under-ship, we will make-up the balance for the following order
-Once the goods have finished, we will send you images of the product. If you confirm that we made the product correctly, you may pay the remaining balance of your invoice.
-In the unlikely event that there is a major error on the items which makes them completely unsellable, they may be re-made. Minor errors may be discounted at our discretion. If you do not want to be charged for new items, you may ship the existing items back to us (shipping covered by the customer) or we will give a discount on the defective items, while charging full price for new ones.
-If measurements of a logo, label, or garment are important to you, you must provide those exact measurements before the order is placed. We are not able to make items exactly like mock-ups you provide us. We need exact measurements. We cannot “eyeball” sizes based on pictures. If you do not provide us with exact measurements of logos, we will not be held responsible if those logos are bigger or smaller on the actual product, than on your virtual mock-up. There is also a tolerance of 2-3 centimeters on measurements of logos, garments, and accessories.
-Full orders take an average of 4-7 weeks to arrive, but in rare cases can be delayed if materials are out of stock and need to be ordered. Therefore, a guaranteed ETA cannot be made unless otherwise stated on the invoice. If the order is delayed beyond 7 weeks, the initial deposit is still non-refundable if the client requests to cancel the order.
-Sample orders take an average of 1-3 weeks to finish, depending on the difficulty of design. In some cases they can take longer. If the sample is not made to your satisfaction, we will re-make it once a full bulk order is placed. Delays may happen if material used to make the sample is not in stock. Refunds will not be issued if the order is delayed.
-If this order is for a sample, it will not include labels or any decoration that requires a mold, unless the mold fee is paid upfront. Fabric color and texture may vary based on what is available on hand.
-The original deposit of the full order is non-refundable. Any remaining amount shall be paid within 2 weeks of the finish date.
Authentic Manufacturing (Uniq Customs LLC)
101 Washington St. Grand Haven, MI 49417 +16164140510
GENERAL TERMS AND CONDITIONS FOR SALES
UNIQ CUSTOMS, LLC d/b/a AUTHENTIC MANUFACTURING
These terms and conditions (“Terms”) are issued on behalf of UNIQ CUSTOMS, LLC d/b/a AUTHENTIC MANUFACTURING (which may be referred to as “us,” “our” or “we” in these Terms) and will apply to all sales made by us pursuant to a quotation accepted by you, and any supply or other agreement to which these Terms are attached or incorporated by reference (with such quotation or agreement sometimes referred to as the “Agreement”) with respect to parts, goods, and materials and any services incidental thereto (“Goods”). By accepting such Agreement, you agree you have read and will be bound by these Terms. No change, waiver, or consent with respect to these Terms will be binding on us unless contained in a separate writing signed by our authorized representative.
- Contract. Any quotation we issue is our offer and is limited to these Terms and those terms reflected in our quotation. Our issuance of a quotation is not an acceptance of any purchase order you have provided to us. Any conduct by you recognizing the existence of a contract pertaining to the subject matter of a quotation will constitute your acceptance of our quotation and these Terms. Any terms or conditions proposed in your acceptance of this offer that add to, vary from, or conflict with any of these Terms are deemed material and are hereby rejected. If our quotation is deemed an acceptance of your prior offer, then our issuance of a quotation will constitute an acceptance of such offer subject to the express condition that you agree to these Terms that are additional to or different from any terms and conditions in your offer. You acknowledge that except as otherwise provided in these Terms, our quotation, together with these Terms, constitutes the entire agreement between the parties with respect to the subject matter. In the event of a conflict between these Terms and an Agreement, the terms and conditions contained in the Agreement shall control.
- Changes. Cancellation or modifications of all or part of any Agreement are subject to our prior written consent in each instance. If cancellation or modification is allowed, you agree to pay all expenses incurred and damage sustained by us on account of the cancellation or modification, plus a reasonable profit.
- Prices and Payment Terms. All prices and quantities quoted are subject to adjustment. Prices for Goods pursuant to an Agreement may be adjusted for increases in our cost of materials, shipping, and importing. All stated prices are exclusive of any taxes, fees, duties, and levies, however designated or imposed, including but not limited to value-added and withholding taxes that are levied or based upon the amounts paid under this Agreement (collectively, “Taxes”). Any Taxes related to the Goods are your responsibility, excluding taxes based on our net Unless otherwise set forth in the Agreement, you will pay all invoiced amounts within 30 days following the date of the invoice. Unpaid amounts will accrue interest at a rate equal to the lesser of one and one-half percent (1.5%) per month and the maximum rate permitted by applicable law, from due date until paid, plus reasonable costs of collection. We reserve all other rights granted to a seller under the Uniform Commercial Code for your failure to pay for the Goods or any other breach of these Terms. In addition to all other remedies available to us, we may suspend the delivery of any Goods if you fail to pay any amounts when due and the failure continues for five days following your receipt of notice thereof. You may not withhold payment of any amounts due and payable as a set-off of any claim or dispute.
- Delivery. Unless otherwise agreed in writing, all sales are FOB at our facilities in Grand Haven, Michigan. We are not responsible for delays, damage, or delivery failures occurring after the Goods are delivered to the carrier. Shipping dates are estimates only, and we will not be liable for any damages associated with our inability to meet such time frames, including, but not limited to, delays beyond our control or nonperformance of a supplier. Receipt of Goods by you will constitute waiver of all claims for loss or damage due to delay. You agree that the Goods will not knowingly be resold or given in sample form to persons using or proposing to use the Goods for purposes prohibited by law, but will be sold or given as samples only to persons who can handle, use, and dispose of the Goods safely. Furthermore, you agree to comply with all applicable laws, regulations, and ordinances including any applicable export, import, inspection, and Federal Drug Administrative laws.
- Title; Risk of Loss. Risk of loss passes to you upon delivery to the carrier, and title passes to you upon payment in full for the Goods.
- Warranties. We warrant that the Goods will be free from defects in material and workmanship for a period of twelve (12) months following the date of delivery (the “Warranty Period”). If, prior to the expiration of the Warranty Period, you inform us in writing of any breach of this limited warranty, then we may repair or replace the Goods that gave rise to the breach or, in our sole and exclusive discretion, refund the amounts that you paid for the Goods. This warranty does not apply to (i) any defect in Goods not manufactured by us; or (ii) any Goods manufactured according to your specifications. This warranty and remedy are expressly conditioned upon: (i) your payment of the purchase price in full, (ii) your giving written notice of the defect, reasonably described, to us within ten (10) days of the time when you discover or ought to have discovered the defect, (iii) you providing us with a reasonable opportunity to examine the Goods, and (vi) the absence of any unauthorized modification or repair of the Goods. We do not warrant the Goods, or any repaired or replacement parts, against normal wear and tear or corrosion. THE REMEDIES SET FORTH IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY FAILURE BY US TO COMPLY WITH OUR OBLIGATIONS UNDER THESE TERMS AND ANY AGREEMENT, INCLUDING ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION. WE MAKE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ALL OTHER WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Proprietary Information and Intellectual Property. The sale of Goods will not confer upon you any license, express or implied, under any patents, trademarks, trade names, or other proprietary rights owned or controlled by us, our subsidiaries, affiliates, or suppliers.
- Indemnification. To the fullest extent permitted by law, you will indemnify, defend and hold harmless us and each of our affiliates, subsidiaries, customers, directors, officers, employees and agents against and from any and all claims, lawsuits, judgments, losses, penalties or actions, costs, liabilities, damages and expenses (including attorneys’ fees) incurred or to be incurred (a) for your breach of the Agreement or these Terms; and (b) to the extent it is alleged that Goods or the use of Goods caused or will cause the death of or injury to any person or damage to any property which resulted or is alleged to have resulted from any acts or omissions by you, your employees, subcontractors or agents.
- Remedies. The rights and remedies reserved by us in these Terms will be cumulative and in addition to any other rights or remedies provided by law or equity. We will be entitled to recover costs and reasonable attorneys and other professional fees in the enforcement or defense of any rights under the Agreement.
- Excuse of Performance. Neither party will be liable for a delay or inability to perform directly due to an excusable event. The following events shall be excusable events: acts of terrorism, war, riots, insurrection, civil commotion, fire, flood, earthquakes, storm, delays or nonperformance of supplier, any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency, or any other act or condition whatsoever beyond the reasonable control of the affected party, including, but not limited, to any pandemic or similar emergencies, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take all reasonable steps to avoid or remove such causes of nonperformance and shall resume performance hereunder with dispatch whenever such causes are removed. We shall have no obligation to purchase additional Goods to enable performance to any Agreement. Notwithstanding the foregoing, if for any reason, including, but not limited to, force majeure, we are unable to supply the total demand for Goods specified under any Agreement, we may distribute our available supply among any or all purchasers, on such basis as we may deem fair and practical, without liability for any failure of performance which may result therefrom.
- Limitation of Liability. Under no circumstances will we or our affiliates be liable for consequential, incidental, indirect, special, punitive or similar damages, whether foreseeable or not. Any claim for relief by you must be commenced within one (1) year after the cause of action accrues. Except for death or bodily injury resulting from our gross negligence, our total liability for all claims arising out of or relating to the Goods will be limited to YOUR DIRECT, ACTUAL damages in amount not to exceed the total purchase price for the Goods giving rise to the claim. WE HAVE RELIED ON THE FOREGOING LIMITATION AND YOU EXPRESSLY ACKNOWLEDGE THAT THIS PROVISION IS ESSENTIAL IN THE ESTABLISHMENT OF THE PRICING OF THE GOODS. THE LIMITATIONS ON, AND EXCLUSIONS FROM, LIABILITY SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Waiver. Our waiver of any right or remedy will not affect any right or remedy subsequently arising under the same or similar clauses.
- Assignment. We may assign any benefit or obligation under any Agreement upon written notice to you. You agree not to assign any Agreement or delegate the performance of any obligations without our written consent. Any such assignment or delegation will, at our option, be deemed a cancellation of the Agreement.
- Continuing Obligations/Severability. The obligations of each party under the following Sections will survive the expiration, non-renewal or termination of the Agreement: Sections 6, 7, 8, 9, 11, and 15. Any term or condition that is declared unlawful or unenforceable by a court of competent jurisdiction will not apply or will apply to the maximum extent permitted under law. The unenforceability of any such term or condition will not affect the enforceability of any other term or condition.
- Governing Law/Jurisdiction. These Terms and the Agreement will be construed and interpreted according to the laws of Michigan, without regard to the laws regarding conflicts of laws.