Custom manufacturing acceptance terms & conditions
Before progressing with your order, we will need confirmation that you agree to the terms and conditions of sale. It is strongly recommended to read this document in full and to keep a copy for your own records.
By entering into a business agreement with Bandsome Apparel you agree to comply with and be bound by the following terms and conditions of sale. From here on ‘you’ refers to the customer and ‘us’/’we’/’our’ refers to Bandsome Apparel.
1. Pricing and terms
Quotes are valid for the goods specified in them and for 28 days from date of quote. Alterations to your original order may incur a cost rise which will be reflected in a new quote. Please bear in mind that all quotes made are made subject to the terms and conditions of sale. Any order placed is subject to the terms and conditions set out here, as stated on the invoice.
Prices stated on our website or in any brochures and catalogues are approximate. A full quote will be made for any order once specifications and quantities are advised.The price payable for the goods you order and their delivery is as set out in the invoice. We reserve the right to change the prices shown at any time and we will contact you before the order is confirmed in the event of an alteration being made. In accordance with australian tax law a 10% goods and services tax (gst) will be added to each wholesale order with the taxed amount shown on your invoice. No tax will be charged for all international wholesale orders.
1.3 Misplaced goods, misplaced decimal places or otherwise
If, by genuine mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price.
1.4 Loss of earnings
We cannot, and will not, be held responsible for any loss of earnings, real or projected, as a result of an order being lost, arriving late, or not being as expected.
A 50% payment on your total invoice amount will be required before we can start production on your order. Customers are reminded that they should satisfy themselves that the products they are ordering are suitable for their requirements before placing an order. No responsibility is placed with Bandsome Apparel for the decision to order.
Once production of your order is complete we require the balance of your invoice to be paid prior to the release of your goods. We do not offer extended payment terms for custom orders.
Acceptance of a formal or informal quote or the request for an invoice will be regarded as the acceptance of an offer under all applicable law.
Conversion fees from foreign currencies must be borne by the customer and not deducted from the invoice total.
2.4 Supplied designs
It is the client’s responsibility to gain authorisation to use any copyrighted, trademarked or otherwise licensed material/ logos in their order. We will not be held liable for use of copyrighted, trademarked or otherwise licensed logos, designs or artwork in products supplied to your specifications.
2.4.1 Designs produced by us
Any designs produced by us for you will remain our intellectual property and may not be used in any other form without our prior written consent. This excludes where only a mockup has been produced by Bandsome Apparel using artwork provided by you.
We may occasionally use examples of custom printed and embroidered clothing we’ve previously produced in our brochures, websites, exhibitions and pitches. If you would prefer to opt-out or keep your relationship to us discreet, please let us know by clearly stating on your order or artwork approval.
Custom made blank samples are non-refundable and will be charged at our sample prices listed in our wholesale price list or as quoted separately.
The main order will be manufactured in the same way as the sample as closely as the production process allows, therefore approval of the sample for the main production run is equivalent to approval of the finished product. Any variations will be due to the varying nature of garments and will not be due grounds or reason to reject the finished product. Samples will only ever be guidelines for logo placements, colours and ink/thread coverages.
This is a bespoke manufacturing service whereby we manufacture one-of-a-kind goods to your specifications and therefore refunds and returns of goods are not possible. We will accept no returns of garments – blank or customised – for any reason, therefore we encourage customers to take care with the specifications and take care to understand the terms and conditions of their order. By approving your invoice you agree to pay for the goods listed and understand that no refund, replacement or compensation can be claimed for the goods once the order has been placed.
At times, stock-outs and shortages may occur between the times when availability was last checked (invoice) and the point where the stock is drawn down (payment) particularly if there is a delay in payment. In this instance, we will inform you of this as soon as possible and will look to offer replacements (this may affect the price, which will rise or fall accordingly, and may result in an issue of a further invoice to you or remittance advice from us) or we may offer to send the goods on shortly after. The rest of an order will proceed despite the stock-out and cannot be cancelled as a result of stock-outs. We will not be liable for any loss of earnings arising from stock-outs or from any delays in the production process.
Any changes to an order and that result in a rise in cost, will be re-invoiced to the customer and must be paid pro-forma before the order proceeds, except where a credit agreement is in place or where the invoice states otherwise.
2.9 Exact orders
Due to the nature of clothing manufacturing, there are occasionally errors that occur due to manufacture, or genuine mistakes of operatives. We have a thorough quality check process that means that almost all rejected products are flagged up in production, however this means that if you require an order of exact quantities, we advise you order 5% more than needed: this is due to the (unlikely) occurrence of seconds in the production process which may mean an order is short after the seconds have been identified. By placing an order you agree that the total quantity of goods delivered may be +/-5% to the order by size, colour, style on receipt. If we send less product than ordered for this reason, it will be detailed in the despatch sheet and the product will either be sent on later or you will be refunded for the product units held back.
Where shortages occur refund will be provided for the units that are short. We must be informed of any shortages, in writing, within 48 hours of delivery.
2.11 Turnaround time
This is heavily dependent upon quantity of product required. Our average order turnaround is 14-35 days. This can be longer on occasions. You will be given a provisional completion date upon order confirmation, and an expected completion date once your signed-off and paid for order enters the production process.
All turnaround durations are estimates and we cannot guarantee exact delivery dates. We will not be liable for any loss incurred due to production or delivery delays.
2.12 Cancellations and refunds
Once an order has been placed the manufacturing stage starts immediately and costs are borne immediately by us and you are still obligated to pay the remaining balance after deposit. Therefore we stress that once an order has been placed, it cannot be cancelled. Returns and refunds cannot be accepted as stated in 2.7.
2.13 Colours: garments, prints and embroideries
All garment, print and embroidery colours shown on our website or as mockups are only as accurate as the web design process allows. Garment, print and embroidery colours can only be matched to a pantone/colour reference, which must be provided by the customer and is stated by us as available. In the matching, there will always be variance due to screen resolutions, environmental factors (such as lighting), garment colour influences on the inks and threads, and varying dye strengths. We will do our very best to match all colours, but will not be liable for any errors in matching due to a customer’s perceptions. If there is any doubt, we recommend ordering a sample.
We are not liable for any loss or reimbursement as a result of the resolution, colouring or ink coverage not exactly matching the images provided. Our printing works best on lightly coloured garments. If there is any doubt, we recommend you order a sample.
2.15 Show through and ink coverage
All prints and embroideries will be applied to the highest quality, but due to the nature of garments there will never be 100% ink or thread coverage. No two garments are the same, and so thread will show through the prints or embroideries on some or all of your products. This is particularly the case when printing light colours on darker garments. We will not be held liable for any loss resulting from this, nor we will accept return of the garments.
All sizes are estimates and are not guaranteed. If you are concerned about sizing, we recommend ordering samples. Due to the mix of mechanised and human manufacturing, there is some variance in garment sizing between identical products, occasionally up to an inch in each dimension across all manufacturers. Therefore exact sizing cannot be guaranteed, and size charts should be used as a guideline only. We are not responsible for any loss of earnings as a result of mis-ordered sizing or sizing variance. Please get in touch for product specific sizing charts.
All custom manufacturing orders where preshrinking and washing is included understand and agree that there may be a 5% shrinkage variation from the original intended length and width. All our original markers are set with shrinkage allowance in place but due to the uncontrollable nature of machine drying and using 100% cotton exact results cannot always be met. A preshrunk sample is highly recommended for all custom orders who have opted for our preshrinking and washing services.
Due to the nature of cotton and the tumble drying process, all garments may produce slight twisting due to spirality in the fabric. The amount of twisting can vary based on the weight of the fabric and also by the quantity of garments in the tumble dryer. If you prefer a completely straight garment we recommend opting out of the washing process.
Where there has been a genuine manufacturing error i.e. holes, torn etc. We will investigate and endeavour to repair or replace affected goods as we see fit in order to supply garments to your specification. This does not include ordering errors on the part of the customer, and does not supersede other related terms.
2.19 Supplied goods
All supplied goods are open to a rejection rate of 10%, for which we will not be responsible and will not refund.
We reserve the right to sell any rejected goods unless specifically instructed by you not to at the order stage.
The liability for loss or damage in transit, or thereafter, shall pass to the customer upon the delivery of the order to a common carrier for shipment. We strongly recommend selecting an insurance option on your shipping. Shipping dates are approximate and are based, to a great extent, on prompt receipt by us of all necessary ordering information from you. The customer shall bear all costs of transportation and insurance. We will add transportation and insurance costs to your invoice. We shall not be in default by reason of any failure in its performance under this agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, act of god or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labour shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from you, or otherwise arisen out of causes beyond our control. Nor shall we at any time be liable for any incidental, special or consequential damages. The customer shall be responsible for all customs clearance and payment of all charges and duties in the territory.
The risk passes to the buyer upon leaving us and on delivery to a common carrier. We are not liable for any losses in transit.
3.2 Goods delivery handling responsibility
You will need to be sure that you have sufficient and proper equipment and that your own designated personnel are available to unload products/goods delivered to your premise(s) as the delivery companies’ drivers are not obliged/required to provide assistance in unloading and/or placing your order.
3.3 Delays beyond our control
We shall have no liability to you for any failure or delay in the delivery of goods ordered, or for damage or defect to goods caused by events or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
3.4 Packaged deliveries
Orders will arrive boxed in bulk unless stated otherwise. Individual folding and bagging can be supplied at further cost.
In the event that you fail to accept any delivery, that delivery shall be deemed to have occurred and any storage or other costs incurred by the seller as a result of the buyer’s failure shall be added to the buyer’s account with interest.
Each delivery shall constitute a separate contract, which shall be subject to these terms, and conditions.
Mistakes do happen, if you receive incorrect or damaged goods please contact us within 1 working day so that we can rectify the problem.
4. Additional terms
4.1 Exclusion of liability
We shall not be liable in any way for any loss of revenue, profit, goodwill or any consequential or indirect or special loss or damage arising out of the purchase of any goods by you from us or late or non-delivery of goods. We do not accept liability for any loss from claims of third parties arising out of the use of goods or services purchased from us. We shall not be liable for any misrepresentations. We accept zero liability for all losses not specifically mentioned here, as well as any liability for health issues that may occur from the use of products supplied to you by us.
We will endeavour to provide the highest quality goods as standard, and these will arrive in a merchantable quality. Any wear and tear or depletion of goods due to use and wear are not our responsibility and we will not be obliged to replace or refund any goods. Pay extra attention to the wash-care instructions inside the hem label and if in doubt about what these mean, please get in touch.
Bandsome Apparel will not accept any liability for loss or profit or consequential losses suffered as a result of erroneous delivery, production or delivery delay, or otherwise. The risk inherent in all goods passes to the customer as soon as production is complete and the order is dispatched.
4.4 Governing law
The contract between you and us shall be governed by and interpreted in accordance with Australian law, and the Australian courts shall have exclusive jurisdiction to resolve any arising disputes.
All information supplied by either party to the other and identified as confidential by the recipient shall be kept strictly confidential by the recipient and shall not be disclosed to any third party without the other’s prior written consent. Each party shall take appropriate steps to ensure that its employees, subcontractors and agents are also bound by confidentiality undertakings with respect to products, suppliers, printers, supply chain, supply partners.
All confidential information and documents supplied to either party shall be returned to the supplying party on expiry or termination of this agreement.
The obligations of confidentiality in these terms and conditions shall remain in force after expiry or termination or any relationship between you and us.
4.6 Intellectual property
All intellectual property associated with our brand, supply chain, processes and all other relevant elements of our business will remain ours. Customers have no right to use our ip without written permission. This ip may only be used whilst we are your supplier: the agreement to use our ip expires immediately when you change supplier, or when we inform you – whichever comes sooner.
Labels are a legal requirement in clothing – they serve to give an accurate representation of the contents and wash care standards of the garment they are in. We can add labels, remove labels or replace labels to your specifications, or we may choose to do so for copyright, trademark, intellectual property or commercial confidentiality reasons without prior notice being given. We are legally obliged to ensure that the replacement label will always contain the correct contents and wash care instructions, although the size, design, placement, application style and quality may change. Customers should expect minimal wash care labels in products unless stated otherwise.
We may subcontract any part or parts of product sourcing, production and delivery of good and/or services without prior notice. If we do not have the required stock for your order we may source an exact replacement to fulfil the order. You will not receive prior notice of this if the replacement garment is the same specification, colour, size, style and material. If exact replacements are not available, we will discuss alternatives with you and gain your approval before proceeding.
Bandsome Apparel shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of www.Bandsome.com
If any part of the terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms of service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
4.13 Entire agreement
These terms and conditions, delivery details and contract details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by a director of Bandsome Apparel and will always supersede the customer’s terms. In particular nothing verbally agreed by any of our staff should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation being untrue or misleading unless it is made fraudulently. No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part or such rights or remedies unless such waiver is confirmed in writing.
These terms and conditions are legally binding.