TERMS OF SERVICE

TERMS OF SERVICE

 

SERVICES PROVIDED

Custom Screen Printing, Embroidery, Cut and Sew, Apparel Design, Fulfillment, Custom Promotional products, Marketing Materials.

Screen Printing and Embroidery - We offer both custom printing and embroidery and contract printing and embroidery.  Custom Orders are orders in which MFG Merch procures the blank garments and does the embellishment of those blanks.  If you want to supply your own blanks, the order is classified as a Contract Order and is subject to slightly different policies.  Most policies outlined on this page apply to both Custom and Contract Orders; however, the minimum, the pricing, guarantee, and misprint provisions differ between the two order types.

Cut and Sew - Cut and Sew is a service where we manufacture the entire garment by cutting and sewing the fabric to match your exact design specifications. We start with a tech pack, sample, production, and then delivery. We do not create Tech Packs. Samples start at a rate of $75 per sample. Samples are intended to be used for reference and to approve bulk orders and are non-refundable.

Apparel Design - We are able to design your apparel line or idea to make ready to production.

Fulfillment -Fulfillment service is the processes of storing, picking, packing, and shipping your products to your customers. This service is beneficial so that you can sell your products and leave all the heaving lifting to us. 

Marketing Promotional Products/Materials - Marketing Materials include but are not limited to cups, koozie, key chains, bandanas, fanny packs, headwear, beach balls, towels, pens, lanyards, tents, banners, lighters, etc.

 

MINIMUMS

Our minimum order size is 100 pieces per style for custom printing, 100 pieces for embroidery, 300-500 pieces for cut and sew, and 400 orders per month for fulfillment. Any flexibility on minimums are on a case by case basis. For contract pricing we require an annual spend of $50,000 and a signed and executed contract pricing agreement.

 

PRICES

Prices are quoted out once we know your order requirements.

Standard Prices: 

Samples - $75 per pcs

Designs - $250 per design

Digitizing - $45-$75

Setup - $20 per color

 

PAYMENT

All customers are asked to pay a fifty percent (50%) deposit on all orders before we begin production, with the remaining balance due prior to shipment. This is due to the fact that we are producing custom pieces for each customer. We do offer alternative payment options to qualifying customers with a signed agreement and credit card on file. Rush orders require payment in full to not delay any part of the process. Contact us if you have any questions.

Accepted forms of payment are wire, cash, check and credit/debit card.  All major credit cards are accepted.  Checks shall be made out to MFG MERCH.  When mailing payment, please include a copy of the invoice and send payments to 240 Talleyrand Ave, Jacksonville, FL, 32202. If paying by check we place a hold on production until funds clear.

 

QUOTES

We do our best to provide you with an accurate quote prior to your order being placed, but supplies may be exhausted or prices change from the time you receive a quote to the time you actually place the order. Cut and Sew quotes may fluctuate depending on time of year and shipping prices. We will provide you with a revised quote for your approval if there are any price changes.  Should items become out of stock, we will do our best to find a replacement and have the change approved by you, prior to using it for your order.  If we are unable to find a replacement that meets your approval, we will refund your deposit.  Refunds do not include the return of monies for services previously rendered, such as design fees.  MFG MERCH will not be responsible for items that are out of stock as all purchasing of materials is done on an order-by-order basis. 

 

ARTWORK

Submission - We ask for all artwork to be submitted as an EPS or AI file and vectored. We will provide you with a proof to approve your artwork with dimensions, detail, and colors on our proof. 

Color matching - We do our best to match colors requested, but this is more art than science.  If you need a precise color match, we will need the official pantone color code (PMS).  Even with a precise color match, some combinations of colors and materials may cause the colors to be distorted, especially when using CMYK, waterbase, discharge, or halftones.  Keep in mind that although we carry a wide assortment of colors at our facility, some specific colors may need to be special ordered, which may delay production times or increase cost, such as glow in the dark, metallics, and reflective inks. When needing to match an exact thread color we will need the Madeira thread color, please let us know prior to placing your order to confirm we have the thread color or if we will need to order it.  

Approval -  After receiving your artwork we will provide you with a digital Proof to approve all details. We do require written approval to move forward with your order and delay in approval may delay your order.  

What you see in the digital mockup is what we will be manufacturing.  Once you have reviewed your order, you must approve the quote and the artwork.  By approving the quote, you are acknowledging that the artwork is correct as well as the sizes and quantities, so please review your proof carefully.  We do our best to detect errors prior to approval, but are not responsible for errors, misspelling, or otherwise that are approved.

Physical Samples - We currently do not offer printed or embroidered samples at this time.  We can provide you with a blank sample of any item currently in stock, at the normal retail price and a strike off before production.  Our sales representatives can generally give you an approximation of the sizing of standard blanks; however, we encourage customers to order blank samples if they are unsure about the sizing or fit of a garment. 

Prohibited Uses - We are a proud supporter of the equal treatment for people of all genders, races, religions and backgrounds.  For that reason, we reserve the right to refuse to manufacture material that we find to be sexist, racist, homophobic or otherwise discriminatory.  

Intellectual Property - MFG MERCH respects the hard work of other artists and will not print images that infringe on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.  By using our service you warrant that you own the intellectual property for all artwork, images, logos, phrases, symbols, designs, work product and any other works of art (collectively the “Art”) submitted to MFG MERCH for reproduction or you are authorized to use that Art and hereby grant MFG MERCH a license to use the Art in producing this order.  You further agree to not use MFG MERCH service to create any material that is unlawful, harassing, tortious, defamatory, libelous, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party. 

Limited Use - If you choose to use Art created by MFG MERCH, we retain full ownership of that Art, including all intellectual property rights.  The Art may not be reproduced or altered without our express written consent.  However, you are permitted to display the Art, including, but not limited to, displaying the Art and taking photographs of the Art for promotional use.  If you wish to purchase additional rights to any of our Art please contact your sales representative. 

MFG MERCH will only use the Art you provide us for the limited purpose of producing your order and will not reproduce your Art without permission.  However, by placing an order with us you grant, MFG MERCH a limited license to display the final product for promotional purposes as described in the promotional use section below.

Promotional  Use - We are proud of the products we produce, especially our custom artwork.  From time to time, we like to showcase our craft to the world by taking photographs of garments we produce and posting those photos to our website or social media platforms, such as, but not limited to, Instagram, Facebook, TikTok, and X(Twitter).  If you do not want photos of the garments you order displayed in such a way please notify a sales representative prior to approving the proof.  If you do not notify us, we will assume that we have your full permission to post photos of your garments online.

 

CHANGE ORDERS/ CANCELLATIONS

Change Orders - Once a proof is approved, changes are limited to increasing or decreasing the number of pieces to be printed, but no less than minimum requirements.  Changing the number of units ordered may increase or decrease the price per unit for the entire order.  Additional fees and extra production time may be applied.  No changes are allowed once printing or the production process has begun.

Cancellations - Cancellation requests must be submitted in writing.  Upon receipt of a cancellation request, MFG MERCH will do its best to cease work, but we cannot cancel an order once the production process has begun or goods are in our facility.  If a cancellation is requested after materials have been ordered or the production process has begun, you are still responsible for payment of all services in full. For Cut and Sew orders there are no cancelations once the order has been submitted.  We have a limited amount of spare warehouse space and can only hold partially completed articles and work in progress for up to 5 days.  After the expiration of that time, the garments will be deemed forfeited.  Canceled or forfeited items are not subject to any refund or reimbursement.

Facemask returns - Due to the nature of PPE we are unable to return or refund any and all orders for facemasks once the order leaves our facility.

Fulfillment and Storage - Fulfillment and storage fees are charged in accordance to our Fulfillment Services pricing. If at any point you choose to end our fulfillment or storage services all outstanding invoices are due in full before releasing any product or items in our possession. MFG MERCH reserves the right to put a lien on any items or property in our possession until invoices are paid. After 90 days of unpaid invoices you agree to forfeit any and all items and property in our possession.  

 

TURNAROUND TIME

Our standard turnaround time is currently 7 to 10 business days for Screen Printing and Embroidery and 60-90 days for Cut and Sew.  Additional services (such as neck tags, bag and tag, special placements, ie) may extend turnaround time.  Turnaround is the time it takes us to complete your order once the proof has been approved and we have received your deposit, this does not include shipping time. If you need you order sooner we do have rush options. If you have a specific deadline that you need to have met, please notify us when placing your order.  MFG MERCH does its best to accurately estimate completion dates, however if you are ordering merchandise that requires ordering materials from third-party vendors MFG MERCH is not responsible for vendor shortages, shipping delays and other delays outside of our control.

Additional Time - 

Special Location (pocket, inside out) +1 days

Bag and Tag +2 days

Neck Tags +2 days

Hem Tags +3 days

Print and Embroidery (on same garment) +4 days

Delivery Options - You have the option to pick up your order if you are in Jacksonville or we will ship your order and will be charged our discounted shipping rate. MFG MERCH is not responsible for loss or damage, whether direct, indirect, consequential or otherwise, once the garments have been delivered to the carrier, nor is MFG MERCH responsible for shipping delays. International orders are shipped by DHL. 

Rush Orders/Expedited Shipping - If you need your order sooner than our standard turnaround time, we offer rush services.  Rush orders often cause us to run our production staff at overtime hours, resulting in the need to charge additional rush fees.  Accordingly, this service is not always available and prices will vary. Rush orders require payment in full to not delay any part of the process. Please contact a sales representative for a specific quote and availability.  Overnight, 2 day, and 3 day selected are available expedited options. In some cases same day is available. Below is a schedule of our additional fees for rush orders:

1 business day turn around - 100% of order

2 business day turn around - 90% of order

3 business day turn around - 80% of order

4 business day turn around - 70% of order

5 business day turn around - 60% of order

6 business day turn around - 50% of order 

 

DAMAGES & MISPRINTS 

MFG MERCH prides itself on delivering only the highest quality work product and we strive to ensure every garment is printed correctly, but when it comes to custom printing mistakes can occur.  If your final product arrives and you believe it is different from what you approved, or contains a defect or misprint, please contact your sales representative within seven days of receiving the goods.  We will review the complete order with an internal investigation and determine if your instance qualifies for a refund.  Any determination is made at our sole discretion and is subject to the exclusions contained in MFG MERCH Terms and Conditions. No refund will be provided if we are not informed of the deviations within seven days.  In order to continue to improve our quality, all damaged merchandise must be returned to MFG MERCH for inspection. A refund of the amounts paid for the defective item is the only recourse we provide; in no instance will MFG MERCH be responsible for lost profits or other incidental damages.  If an exact count is important, we recommend ordering an extra 3% to insure a sufficient number of garments.

Image Placement - We will do everything we can to ensure images are printed in a consistent location on all garments.  However, small variations can occur.  A deviation of .5” in any direction will not be considered a misprint.  Printing within 1” of, or over seams, collars, pockets, zippers, tags or otherwise increases the risk of distortion, print imperfections, and other inconsistencies.  We recommend that printing over such surfaces be avoided whenever possible.  Distortions caused by printing over or around these surfaces will not be considered a misprint. Printing on pockets has an acceptable deviation of .25% in any direction.

For Contract Printing ONLY - When you choose to supply your own blanks, MFG MERCH is not liable for any garment inconsistencies or manufacturing defects including, but not limited to, mislabeled garments, color dye irregularities, stitching errors, rips, tears or holes in garments nor is MFG MERCH liable for inconsistencies in printing due to fabric content or interactions between dye and fabric.  Such defects will not be considered a misprint. Due to the inherent risk with Contract Printing, MFG MERCH is not responsible for misprints over 3%, any misprints in excess of the 3% misprint allowance will be credited but not refunded pursuant to Terms and Conditions. MFG MERCH will only credit the amount paid for our printing services associated with the defective item and we do not provide refunds nor are we otherwise liable for the value of items you supply for printing.  We minimize the risk of defects by testing the garments prior to beginning the printing process, but cannot guarantee each garment.  Accordingly, MFG MERCH requires at least one additional piece per style in each color for testing ink and printing techniques.  If you are providing the garments for printing, then you must provide us with a detailed description of the garment, including style number(s), color(s), size(s), quantity and packing slip.  

Care Instructions - In order to ensure image longevity and vibrancy, we recommend machine wash cold, tumble dry low.  All goods should be washed before wearing.

 

LEGAL

Indemnification - The customer shall, at its expense, indemnify, defend and hold MFG MERCH its successors, attorneys, employees, owners, officers and assigns harmless for any claim damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to the Art furnished by you to MFG MERCH for reproduction and your use and distribution of the products produced.

No Waiver - No failure of MFG MERCH to exercise any power given under this Agreement or to insist upon strict compliance with any of the terms or conditions specified in this Agreement shall constitute a waiver of such party’s right to demand strict compliance with the terms of this Agreement.

Tax Exempt Status - Any entity claiming exemption from state sales taxes must submit along with their order all necessary government issued exemption forms.  Specifically, Florida resellers must submit a valid Florida Resale Certificate and charitable organizations must submit a valid Consumer’s Certificate of Exemption.  Additional verification may be necessary and is determined on a case-by-case basis.

Subject to Change - We may, at any time, and at our sole discretion, modify these Terms and Conditions, with or without notice to you.  Any such modification will be effective immediately upon public posting. Your continued use of our services following any such modification constitutes your acceptance of the modified terms.

Acceptance - By placing an order, purchaser agrees to the terms contained on our website under terms of service. Any additional or different terms proposed by purchaser are objected to and rejected unless expressly assented to in writing by MFG MERCH

Warranty - MFG MERCH. warrants that the products supplied under its' invoices shall be manufactured as described in the approved proof, subject to MFG MERCH Terms of Service.  THE FOREGOING WARRANTY IS SELLER'S SOLE WARRANTY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.  purchaser has five business days from the date of delivery to make a claim the order was defective.

Limitation of Liability - MFG MERCH’S LIABILITY TO PURCHASER WHETHER IN CONTRACT NEGLIGENCE, TORT, OR OTHERWISE, SHALL NOT EXCEED IN ANY CASE THE PRICE PAID TO MFG MERCH FOR THE DEFECTIVE ITEMS.  THE PRICE STATED FOR THE GOODS IS CONSIDERATION FOR THE LIMITATION OF LIABILITY.

Late Payments - Payments are late if not paid by the due date indicated on invoice. Late payments will accrue interest at a rate of one and one-half percent (1.5%) per month, or the highest rate allowed by applicable law, whichever is lower. There is a $30 administrative charge for returned checks. 

Attorney’s Fees - If purchaser fails to comply with the terms of invoices, MFG MERCH's Terms of Service or fails to pay this invoice when due, MFG MERCH shall be entitled to reimbursement for all, reasonable attorney’s fees and costs incurred in seeking a resolution, whether litigation is required or not.  Attorneys’ fees shall include attorneys’ fees incurred in any appellate or bankruptcy proceedings.

Choice of Law and Venue - Any dispute arising from the order described in this invoice shall be governed by and construed in accordance with the laws of the State of Florida.  The venue for any civil action related to this order shall be a court of competent jurisdiction located in Duval County, Florida.