ACE EMBROIDERY TERMS AND CONDITIONS

Definitions

The following definitions are used in and form part of these terms and conditions of trading.

“The Supplier” shall mean ACE Embroidery, it’s owner and all persons connected with ACE Embroidery for the purposes of trading.

“Goods” and/or “Services” shall mean garments and other items supplied, whether embroidered, printed or not, by the supplier, to any third party, and shall include but not be limited to embroidery and print-only services of items which are the property of any third party. “The Supplier” and “ACE Embroidery” are interchangeable.

“The Customer” shall mean any third party to whom goods and services are supplied, have been supplied or are to be supplied.

“Enquiry” or “Enquiries” shall mean any request for information from a third party to the supplier, whether or not that request results in an order.

 

The Order” or “An Order” shall mean confirmed requests for goods and services from a customer, for which, by placing the order, the customer has agreed to pay in full, within the time or times specified by the supplier.

“Artwork” shall mean any image supplied by any third party to the supplier by physical or electronic means.

“Delivery” and “Collection” shall mean the time at which the Customer takes possession of Goods or Services and these words may be interchangeable in these Terms. They need not necessarily be taken to mean specifically an act in which goods or services are dispatched by post or other courier nor an act by which a customer visits the supplier’s premises.

“In Writing” shall mean any non-verbal communication written by hand, typewritten onto paper or transmitted by electronic and/or digital means.

“The Supplier Will/Shall Not Be Liable” shall mean that, to the fullest extent permitted at law the Supplier will not be liable for damages of any kind. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation), compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties.

Goods and Services

Supply of decorated goods. The supplier shall, at his absolute discretion, obtain garments and other textiles which he will machine embroider, print, engrave and supply in accordance with orders placed by customers and clients, subject to the substitution clause in these terms.

Embroidery and print only services. The supplier shall, at his absolute discretion, supply machine embroidery and print services to customers and clients who provide their own garments and other textiles for embroidery.

Unembroidered or unprinted goods. The supplier shall, at his absolute discretion, obtain and supply goods without embroidery and in accordance with Orders placed by customers and clients, subject to the substitution clause in these terms.

Engraving only services. The supplier shall, at his absolute discretion, supply engraved products and services to customers and clients who provide their own items for engraving.

Quality of supplied goods. The supplier endeavours to supply only goods from established and reputable sources, unless otherwise specified by the customer.

Customers’ own goods. Customers supply goods for embroidery and print entirely at their own risk. The Supplier Will Not Be Liable for damages arising out of or in connection with the use of ACE Embroidery.

Substitution. All items obtained by the supplier on behalf of the customer are subject to availability. The supplier reserves the right to substitute garments when those ordered are unavailable. Prices will be agreed between the supplier and the customer before any substitutions are made.

Delivery Times. The Supplier will inform the Customer of the projected delivery date, once the order has been agreed.

Special Deadlines. The Supplier will endeavor to meet any special deadlines the Customer may have, but will not accept any deadlines which may prove detrimental to pre-existing customers.

Ownership, Copyright and Acknowledgment of Artwork

Not withstanding and regardless of artwork, the ownership and copyright of all digitised designs and artworks provided by the supplier is asserted and remains with Mathew Smart, the owner of ACE Embroidery.

The responsibility for ensuring that copyright and ownership laws are maintained in respect of all artwork supplied by the customer for inclusion in an order remains with the customer. To the fullest extent permitted at law the supplier shall not be liable for claims arising from the misuse or breach of copyright and/or ownership of artwork.

The customer agrees to allow the supplier to use images of any and all finished products and embroidery patterns and designs for the purposes of advertising and marketing the supplier’s business. This shall include, but not be limited to publication of such images on the supplier’s website.

From time to time, the supplier may wish to exhibit garments and/or other textiles bearing logos and/or designs owned by a Customer for the purpose of promoting the supplier’s business.

 

Samples, Orders and Ordering

We will not accept responsibility for faulty goods supplied by customers, or incorrect information given when embroidering or printing free issue goods. Free issue items are personalised at customer’s own risk. ACE accepts no responsibility for machine error or other circumstances out of our control.

From the time an order is accepted and an order number issued, the customer is considered to have entered into a contract with the supplier, which is binding upon both parties.

The customer shall supply to the supplier all required artwork in either physical or electronic form at or before the time of the order.

Where artwork is supplied by post or other courier either on flash drives, memory sticks or any other electronic or digital storage device, or in physical form, items are submitted entirely at the customer’s own risk. No responsibility can be accepted by the supplier for loss or damage to such items, howsoever caused. Additionally, the supplier shall not be liable for damages arising from the loss or damage to any item supplied either by post or other courier or by electronic mail.

Special thread colours, if a non standard colour or type is required and is not in our extensive range the threads will be invoiced as a special. Threads are kept in stock for use only for that particular customer.

The customer is responsible for ensuring the accuracy of the order. By placing an order for goods and services the customer shall be deemed to have accepted and agreed to be legally bound by these terms and conditions.

The customer is responsible for approving logo’s and product visuals using ACE’s online system.

The Supplier agrees to carry out the requirements of the customer in line with written specifications from the Customer to the Supplier and recorded in writing between the Supplier and the Customer.

The customer shall check the confirmation of order and notify the supplier of any errors or discrepancies at the earliest available opportunity. The supplier will not be liable where the customer has not, within a reasonable time, notified the supplier of errors or discrepancies in the confirmation.

All orders of personalised goods are not processed until confirmed approval of all artwork is received by the Supplier. Customers wishing to change the design after approval, must do so in writing and the Supplier has the right to make additional charges for these changes. If the order has been processed and any work begun, the cost of any personalised goods will apply and no refunds will be given unless in the event of an error on the part of the Supplier.

Every effort will be made to complete orders on time, but any date specified is a best estimate and no liability is accepted for any loss arising from delay or error in completion of goods. Dates are dependant on artwork being approved on time. Lead times can be delayed due to non approval of artwork or amendments required that differ from the original design.

In some products (they will be stated) allow within 10% plus or minus of the quantity of goods supplied.

Orders are required in writing and customers must ensure details of size, colour, code, quantity, fabric, style, print and/or embroidery are accurate. Telephone / verbal orders are made at customer’s own risk, any responsibility for errors is not accepted by ACE.

Supplementary Terms and Conditions

Any and all special Terms form part of these terms and conditions, regardless of whether or not they are included herein. These terms and conditions may be quoted in whole or in part as part of any supplementary terms and conditions.

Prices and Payment

Title of ownership in the goods supplied by ACE to the customer shall not pass to the customer until payment in full is made for the complete order. This applies to free issue goods also.

Samples are charged in full and refunded upon return provided the good are in original packaging and in a state of resale condition. Postage is not refunded for samples.

A minimum charge applies to free issue garments and payment, in full is required upon collection of the goods

If any order is cancelled a charge will be made for any artwork or logo origination that has been undertaken including any garment embroidered or printed.

Unless otherwise agreed payment is due upon order unless a credit facility has been agreed. The Supplier accepts payment by cash or by any of the following cards; Visa or MasterCard. The supplier also accepts payment by BACS.

To obtain a credit facility with ACE Embroidery Ltd, a credit application form is to be completed fully and approved by the Suppliers accounts department. All parts of the form must be completed. The Suppliers terms of payment are strictly 30 days from invoice date unless otherwise arranged; the Supplier reserve the right to enforce a 2.5% surcharge if credit terms are breached. A minimum order policy is in place. Orders will not be considered if agreed terms of credit are not adhered to.

All prices are plus VAT at the present rate where applicable and subject to change without notice.

Quotations. Validity of quotations is at the supplier’s absolute discretion and may vary from quote to quote. The validity of any written quote will be shown clearly on that quote. quotations should not be confused with estimates.

Estimates. The supplier may offer informal costing estimates from time to time, either verbally or in writing, but these are not binding upon any party in any way whatsoever.

Overdue Accounts. ACE Embroidery reserves the reserves the right to charge interest at 10% of the gross invoice value per month on overdue invoices, commencing on the 22nd day following the invoice date. ACE Embroidery will seek debt recovery by any legitimate and lawful means including, but not limited to, claims in the County Court and/or the employment of a licensed debt recovery agency.

Trade Prices. The supplier may, at his absolute discretion, offer trade prices to business customers for whom he is undertaking sub-contract work, but are not available to other business customers who are end-users or consumers of the supplier’s products. These prices are negotiable at the time that sub-contract work is accepted and will normally be agreed in writing with the business customer before work is undertaken. Trade prices are subject to periodic review and re-negotiation. Trade prices offered to one business customer may not necessarily be the same as those offered to another.

Delivery and Collection

Charges. Carriage is normally charged according to weight as designated by the carrier, unless otherwise arranged. The supplier reserves the right to add reasonable charges to cover the cost of packaging and the time taken to arrange shipment.

Method. Goods will normally be shipped via the most cost-effective route. Carriers may include, but not be limited to the Royal Mail or any other courier service. The supplier may also deliver goods personally by prior arrangement, for which a carriage charge will normally be levied.

Insurance and Claims. Goods will not normally be insured in transit below the value of £45 unless the customer specifically requests it. Costs of insurance, recorded delivery or registered post must be requested and borne by the customer. The supplier shall not be liable for claims arising from loss or damage to properly packaged goods in transit.

Non-delivery by courier must be notified to us within 2 working days.

All goods can be collected from ACE Embroidery Limited in Halesowen.

Returns, Shortages and Damages

Return of goods is to the discretion of ACE except where goods have been supplied in failure on the part of ACE to provide the good as ordered and approved by the customer. Goods that have been personalised or the customer has used the goods.

Claims arising from shortages or damage are to be received within 5 days of receipt of item. Please inspect all goods prior to signing for delivery or upon collection.

Garments manufactured that are automised to customer specification cannot be exchanged or altered after production. Genuine faulty items are replaced.

All shipping charges for returning products to us must be paid by the returnee. Send using a service that requires a signature on arrival, the Supplier will not be held responsible for returns that do not arrive at the Suppliers address.

What can be returned

• Embroidered or printed clothing can only be returned if the embroidery or print is defective or has been done incorrectly.
• All returns must be in their original packaging, items must be unworn, unwashed and in their original condition.

What cannot be returned

• Garments with sizing or colour issues. If you are unsure of your size, then please order blank samples first.
• Products over 30 days old.

Refunds

• There is no cash alternative for returned items. We will repair or replace the items like for like.
• There is no option to change the product, colour or size

Please see our Returns Policy for further information.

Garment Care

ACE take the greatest care to source the highest quality fabrics and materials for garments supplied. To maintain garments in best condition please adhere to the washing instructions, which come with each garment. We cannot guarantee goods will be exactly the same as previously supplied. Samples are available on request to check size, material etc.

General

Whilst the supplier makes every effort to ensure that any and all goods descriptions and illustrations supplied by him are accurate and current, the supplier is dependant upon the requirements of each individual customer. completed goods may therefore differ slightly from advertised descriptions.

The supplier cannot guarantee product availability. Should goods ordered be temporarily unavailable the customer shall be notified of the delay in delivery and given the option to cancel the order. If the customer does not cancel the order, the customer shall be deemed to have accepted the new delivery date or the product alternative.

By placing an order for goods and/or services from the supplier, the Customer acknowledges that he, she or they have read fully and understood these terms and conditions and is entering into a contract based upon these terms and conditions by which he, she or they agree to be legally bound.

Sizing information provided by garment manufacturers is beyond the control of ACE Embroidery and ACE Embroidery shall not be liable for the fitting of garments which are supplied correctly and in accordance with the sizes specified by the Customer in their order. ACE Embroidery does not provide sizing advice.

The supplier will not be liable for damages arising out of or in connection with the use of ACE Embroidery.

The customer accepts that due to the dyeing process they may see a shade difference between products of the same colour.

The customer accepts that due to production tolerances we cannot guarantee exact design positioning or replication of each design

Print and thread colours are not guaranteed to match customers supplied artwork. Always order a pre-production sample if in doubt.

These terms and conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.

These terms and conditions shall be governed by and construed in accordance with the laws of England and the English Courts shall have non-exclusive jurisdiction to decide any dispute concerning these terms and conditions or the subject matter of these terms and conditions.

The acceptance and fulfilment of orders are on the basis that the customer has read, understood and accepted all these terms and conditions.