Supply of Custom Goods – Terms and Conditions
Seaborne Clothing is a Business to Business (B2B) wholesale trader and manufacturer of custom goods namely apparel & uniforms for Customers including schools, teams, clubs and businesses, registered charities and community organisations.
Custom Goods are goods manufactured or decorated specifically for a particular commissioning customer that have no use, application or commercial value outside of the particular commissioning customer’s requirement.
The following terms and conditions apply to all orders for custom goods other than orders placed under specific SOA agreements with education departments or specific supply contracts with nominated customers.
Section 1 Payment for Custom goods & Acceptance of Orders
1.1 Wholesale trade only. Customers require an ABN to purchase custom goods.
1.2 Payment in full in advance is required at the time of invoice and prior to commencement of any custom goods orders for all non QLD DET/NSW DoE/Contract Customers.
1.3 An order is taken to be accepted once payment of invoice has been received.
1.4 Orders for custom goods may not be cancelled once accepted.
1.5 All costs incurred in the production of custom goods including but not limited to materials, labour, freight etc. will be deducted from any refund amount along with disposal/destruction costs for unwanted/unclaimed/ abandoned complete or incomplete custom goods.
1.6 Refund on any portion/quantity of a custom goods order may affect price/eligibility for discounts applied to the balance.
1.7 Seaborne Clothing reserve the right to refuse any order for custom goods or any part / portion/ component thereof.
1.8 Custom goods are priced and sold on Ex Works terms and available for collection from Seaborne Clothing’s factory office at Unit 1/7 Beech Street, Marcoola QLD. All risk & responsibility for custom goods passes to the customer when the goods are:
(a) collected from Seaborne Clothing by the customer or customer’s representative;
(b) collected from Seaborne Clothing by freight/courier service arranged by the customer;
(c) dispatched by Seaborne Clothing by freight/courier service or post at the customer’s instruction.
Section 2 Warranties & Limitations of Warranties
2.1 All custom goods are produced and sold exclusively on wholesale trade terms. Inherent in this is the assumption that custom goods will be on-sold either directly (i.e: resale of custom goods to end user or other third party at a specific dollar value) or indirectly (i.e: custom goods are distributed to end users or other third party and cost of the custom goods is passed on to the end user or other third party by way of but not limited to other fees or charges).
2.2 Seaborne Clothing warrant that the custom goods ordered by the customer will be of merchantable quality and fit for the purpose intended where this purpose has been expressly stated by the customer in writing at the time of ordering or is otherwise categorised by the descriptions at section 2.4 and 2.5 below.
2.3 2.2 above does not apply if Seaborne Clothing have advised the customer that goods may not be suited to the intended use based on the information, specifications, fabric/s chosen or information about intended use provided by the customer and the customer chooses to proceed with an order for custom goods irrespective of this advice.
2.4 For custom goods other than personal protective clothing or catalogue goods with an express purpose (eg: workwear) advertised by a third-party supplier, the ‘normal purpose’ of all apparel is taken to be and limited to:
(a) Ordinary wear and handling in the manner a reasonable person would be expected to reasonably wear or handle that particular article of clothing under normal circumstances.
(b) laundering according to the care instructions without deviation.
2.5 For clothing intended to be worn in the manner of a uniform the ‘normal purpose’ is taken to be and expressly limited to n. an identifying outfit or style of dress.
2.6 Sale by sample warranty is expressly limited to pre-production samples produced for the specific purpose of assessing the product resulting from a custom goods order at a specific point in time. Refer to Section 6 Pre-Production Samples below.
2.7 Seaborne Clothing expressly do not warrant artwork colours on finished custom goods will match artwork as it appears on a computer monitor or mobile device or printed page.
2.8 Seaborne Clothing expressly do not warrant colour/shade consistency on any components of custom goods across multiple orders and/or over time. Refer to Section 4 Shade Variation Tolerance below.
2.9 Seaborne Clothing expressly do not warrant the placement of logos or designs will precisely match the placement shown on artwork where physical constraints in production layout (e.g. garment size/seam, zip, button, placket location etc.) require the placement to be changed.
Section 3 Artwork
3.1 Artwork service and handling fees will apply if artwork or logos need to be changed or made ready for print or if changes requested to layouts differ from initial artwork instructions.
3.2 Lead times quoted apply from the latter of: date of payment and/or date of final approval of artwork by the customer.
3.3 Seaborne Clothing do not warrant decoration or print colours will match colours as they appear on a computer monitor, mobile device or printed page or match previous orders placed by the same customer.
3.4 Placement of logos and images may need to be varied in production due to physical/size constraints or other features of the garments to which they are applied.
Section 4 Shade Variation Tolerance
4.1 A 10%+/- shade variation tolerance applies to all custom and catalogue goods and their components. This applies to but is not limited to fabrics, embroidery and sewing threads, collar yarns, trims including buttons, piping, binding and print colours, inks and dyes. Shade Variation Tolerance allowance provides for dye lot/batch number/shade colour reference discontinuances/replacements as well as shade variations caused by equipment and technique upgrades.
Section 5 Re-ordering
5.1 Seaborne Clothing retain garment specifications in the form of product codes for all components of custom manufactured goods on file and work exclusively from this information.
5.2 Customers may provide their own physical sample for reference at the time of reordering however Seaborne Clothing do not warrant new orders will be an exact match for previous orders or the sample provided by the customer.
5.3 Stock retained by the customer from previous order/s does not constitute a ‘sample’ for the purpose of warranting manufacturing outcomes.
5.4 Due to equipment, technique and shade variation tolerance, shade variations in different components of custom goods may be unavoidable across orders and/or over time.
5.5 Seaborne Clothing do not warrant that re-orders will exactly match any previous orders.
Section 6 Pre-Production Samples
6.1 Sample fee of $90 per item Ex Works applies.
6.2 The cost of samples will be credited against a bulk order of 300 pieces or more of the same style. Sample fees are otherwise non-refundable.
6.3 Seaborne Clothing will only warrant custom manufactured goods against pre-production samples when the approval of the sample and order for custom goods is received within 10 business days of the pre-production sample being supplied.
Section 7 Other Conditions
7.1 Further conditions specific to the type of custom goods order may apply and will be set out in wholesale price lists for custom goods.
Tips for success:
- Plan ahead and/or budget to allow for:
- A pre-production sample or samples to ascertain the result of colours/fabrics chosen.
- Delivery if goods aren’t able to be collected from our factory office.
- All foreseeable requirements in the initial order to avoid shade variations.
- Lead times of up to 8 weeks from last artwork approval/payment.
- Have artwork, logos, sponsor logos and colour references ready to send to us in scalable vector format if you already have them or allow additional time for production and approval of useable artwork.
- Obtain consensus and sign off on logos, sponsors, design layout etc. if required at an organisation or committee level prior to ordering.