1. Design and Sizing
a) Any changes that are made to a design need to be done on a proof and agreed upon before production starts. Production runs off the customer approved proof, so any said changes MUST be added to the proof and is the responsibility of the client to check the proof before they approve production to begin. If payment is made and production commences without a customer approved proof then MyClubCRM bears no responsibility or liability for the final product in terms of design features, material or garment feature.
b) All shades and colours may have a slight variation to final production.
d) reserves the right for MyClubCRM logo placement on all garments produced.
e) Colour variation may occur in subsequent printing/creation of repeat orders. MyClubCRM has robust systems in place to ensure consistent colour match between order batches. However, this colour variation can be due to a variety of factors including, but not limited to, different fabrics, different ink batches and heat fluctuations. MyClubCRM takes all measures to match colours. Our acceptable standards are within 10% of the original intended colour.
f) All sizing is the responsibility of the client. MyClubCRM takes no responsibility for incorrectly ordered sizes. Size charts are clearly provided for clients to ascertain their correct garment size. Slight manufacturing variances can occur within 1-2cm.
g) Sizing samples are available for clubs/teams. These are provided to customers at customer’s expense, unless expressly agreed otherwise. These are to be sent back to MyClubCRM before the delivery of a confirmed order. Orders will be withheld until the samples are received back from the client.
2. Intellectual Property
a) MyClubCRM licenses the Customer to use the Intellectual Property for the sole purpose of undertaking and complying with its obligations under this Agreement.
b) The Customer acknowledges the Supplier's title to the Intellectual Property and must not:
- i. claim any right, title or interest in the Intellectual Property other than allowed by this Agreement;
- ii. register or record or attempt to register anywhere in the world any of the Intellectual Property or derivations, improvements or variations, or aid or abet anyone else in doing so; or
- iii. manufacture or have manufactured or sell or have sold any products using or taking advantage of the Intellectual Property;other than with the prior written consent of the Supplier.
c) The Customer acknowledges that any derivation, variation, modification or improvement of any of the Intellectual Property will be and remain the Supplier's property. The Customer hereby assigns to the Supplier any intellectual property rights it may obtain in such derivation, variation, modification or improvement.
d) The Customer must bring to the Supplier's attention any improper or wrongful use of Intellectual Property which comes to its notice.
3. Payment terms, Title and Ownership
a) Unless alternative payment terms are expressly agreed prior to placement of an order by customer, theagreed payment terms shall be 50% of the total order value payable before order production commences. The remaining 50% payment is required within 7 days of receipt of garments.
b) Changes to orders after customer approval of design proof may incur a charge.Changes to orders post customer approval will be at the discretion of MyClubCRM. The cost of these charges, if any, will be at the discretion of MyClubCRM. Depending upon the stage of manufacture of the garments- design changes, sizing changes and any other change to the order may not be possible.
c) MyClubCRM accepts cash, direct deposit (online or inbranch), credit card, money orders and cheques. All money orders and cheques are to be made payable to MYCLUBCRM APPAREL. Dishonoured cheques will incur a $20 administration fee.
d) A delivery fee from MyClubCRM’s office to customer address shall be payable in addition to uniform price. The cost will be included on the initial invoice – however if the weight of garments exceeds estimated weight, the final invoice will be adjusted accordingly.
e) Title and ownership of all Products supplied remain with MyClubCRM until all amounts owing by the Customer to MyClubCRM on any account whatsoever have been paid in full. Risk in the Products and responsibility for the insurance passes to the Customer On delivery.
a) In the case of an order cancellation, the amount of money due by the customer to MyClubCRM in consideration of final payment shall be at the discretion of MyClubCRM. This shall be determined based upon the costs incurred by MyClubCRM in relation to the order.
a) MyClubCRMwill always work to the shortest possible timeframe. MyClubCRMdoes not guarantee delivery times but endeavours to provide an accurate time frame for delivery at placement of order, however in rare circumstances there may be production or shipment issues that can create delays.
a) MyClubCRM warranty covers faults arising from defective workmanship or materials. Should any fault due to defective workmanship or materials be proven at any time within the warranty period of thirty (30) calendar days from the date of final payment, MyClubCRM will rectify such fault free of charge, providing the product is returned freight paid to MyClubCRM with proof of purchase.
b) The warranty period for all products is thirty (30) calendar days after the date of final payment. The warranty shall not cover any abuse, improper use, alterations or use other than in accordance with the proper care instructions shown on the garment’s care label.
c) Subject to the matters set out in this warranty, no liability (expressed or implied) is accepted for any consequential loss, damage or injury arising as a result of a fault in the Product.
a) Subject to conditions of clause 6. Warranty being met, replacement items are available if required and are at the discretion of MyClubCRM. Items that have a manufacturing fault will be replaced. MyClubCRM must be notified of any faulty garment within 4 weeks of garment delivery.