By entering into a business agreement with DTGMCR Ltd you (the buyer) agree to comply with and be bound by the following terms and conditions of sale.
From here on ‘you’ refers to the customer / buyer and ‘us’/’we’/’our’ refers to DTGMCR registered at Islington Mill, James Street, Salford, M3 5HW.
1 – Payment
1.01 – We will require payment In full for services and goods ordered before the order can be processed. Once an order is placed a pro forma invoice will be issued to you, payment of which will be required in advance of production and delivery. Our acceptance of your order brings into existence a legally binding contract between us and you. We remind customers that they are expected to determine themselves that the services and products they are ordering is suitable for their requirements and meet their specifications before placing an order. No responsibility will be placed with DTGMCR Ltd for the decision to proceed with an order.
1.02 – Credit terms are available on application. Terms are a strict 28 days.
1.03 – If a Credit Account Customer fails to make any payment to DTGMCR Ltd under this agreement on the due date, without prejudice to any other right or remedy available to DTGMCR Ltd, DTGMCR Ltd shall be entitled to:
a) immediately suspend the performance or further performance of its obligations under this Agreement without liability to the Customer; and
b) charge daily interest on all amounts not paid until payment is received in full at an annual rate equal to 5% above the HSBC Bank PLC base lending rate.
1.04 – Once each job has been approved by the customer the customer is subject to a cancellation fee of 25% to cover print costs. This fee is due 14 days after the invoice date.
1.05 – All payments must be in full and in Great British Pounds (£GBP).
Conversion fees from foreign currencies will be incurred by the customer and added to the invoice total.
1.10 – Quotes
Quotes are valid for the goods and services specified outlined within them for 28 days from the date of the quote. Adjustments may incur a cost increase which will be reflected in a new quote. Please consider that all quotes made are made subject to the terms and conditions of sale. All orders placed are subject to the terms and conditions outlined here, as stated on the invoice, spec sheet and quote.
1.20 – Price
Prices stated on our website or listed in suppliers brochures and catalogues are subject to change. A full detailed quote will be provided for every order. The price payable for the goods you order and their delivery if required will be 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. An amount equal to the appropriate taxes will be added to the invoice where there is a legal obligation to collect such taxes.
1.30 – Quoting Mistakes
If we make a mistake when pricing an item or job we will not be obligated to supply that item to you at the stated cost, provided we make sure to inform you of the changes prior to dispatching the item. Should these circumstances arise we will make sure to notify you with the correct price and let you decide whether you wish to proceed with your order at the new price.
1.40 – Loss of Earnings
We will not and can not claim any responsibility for loss of revenue, actual or projected resulting from an order being lost in transit, arriving late or not being as anticipated.
1.50 – Title
Full ownership of goods shall remain ours until payment is received in full.
We reserve the right to sell any rejected goods unless specifically instructed by you not to at the order stage.
2 – Artwork/Design
2.00 Order Spec Sheet
The majority of orders will be set out in a job sheet (a type of order form), which must be approved for an order to proceed. Responsibility for the accuracy of this job sheet lies solely with the customer: mistakes cannot and will not be amended once your order has entered the production phase of the process. Every new job sheet supersedes all other previous job sheets. Acceptance of the job sheet and acceptance/payment of the invoice means you have agreed to all of our Trading Terms and Conditions.
2.10 Artwork and Designs
You must provide high resolution, production ready designs in Adobe Creative Suites file format. We can help if you’re uncertain but a redrawing or artwork preparation fee may apply.
All garments and print colours shown on our web site will vary based on the limits of web design, your monitor settings, computer software and environmental lighting.
A variance in colour matching will always arise due to screen resolutions, environmental factors (such as lighting), garment colour influences on the inks and varying dye strengths.
We will not and can not claim any responsibility or issue refunds for loss of revenue, actual or projected resulting from ‘mismatched colour’. Should you be in any doubt regarding colour accuracy please ask us to provide a sample.
Our Epson DTG and large format digital printers have factory print profiles that work with whichever substrate they are printing on. These are created by Epson and the paper manufacturers and match the colours as closely as possible. We try to ensure that colours match as closely as possible but sometimes they can differ slightly. Getting a sample before main production will ensure accurate colour reproduction.
Artwork positioning should be specified at the initial job sheet stage, you will then receive a mock up for approval prior to production. Please also consider how artwork will appear across different size garments. Printed artwork will appear smaller on an extra large garment than it will on an extra small. As a result all artwork placement is approximate relative to size. Please be aware that subtle changes may arise between mock up positioning and actual positioning.
By agreeing to these T&Cs you acknowledge that between products subtle changes in positioning, ink coverage, colour and appearance may arise and you agree to allow us to use our best judgement in these matters. You also agree that all supplied artwork acts merely as a guide for the printing phase of production.
2.20 Copyright – Supplied designs
We will not and cannot be held responsible for the unauthorised use of trademarked or copyrighted artwork, logos or designs for your products. It is your responsibility to obtain authorisation for any such material.
2.21 Copyright – Designs Produced by Us
Any artwork created by us for you shall remain our intellectual property and may not be used in any other form without our prior written consent.
3 – Marketing
3.00 Use of Design
We sometimes use examples of our customers printed garments and artwork on our website and on social media. If you would prefer for us to not to this please let us know in your initial order or in your artwork approval notes.
4 – Production
Blank garment samples are non-refundable and charged at the single unit price, plus carriage, which will be detailed on the invoice.
DTG samples will be charged at full single printed price plus carriage. Setup costs will be deducted from the main invoice when you go into full production.
All printed samples will be produced and dispatched for your approval.
Main orders will be as close a reflection of the sample as the process allows. As a result, your approval of the sample for the final production run is equivalent to the approval of the final product.
Any and all variation in the final product will be due to the varying nature of the garments. Variations that do arise from inconsistencies within the garment will not be grounds for rejection of the finished item.
4.10 Turnaround Time
Our typical order turnaround is 1 weeks from payment. This can be as long as 2 weeks or longer on complex orders or during busy periods. You will be given a provisional completion date once your signed-off and paid for order enters the production process. Your failure to respond promptly to requests for information and approval sent via email may result in order processing delays. All our quoted turnaround times are our best estimates. In particular, we cannot guarantee exact delivery dates.
4.20 Cancellations and Refunds
Once an order has been placed the manufacturing stage starts immediately and costs are borne immediately by us. Therefore we stress that once an order has been placed, it cannot be cancelled. Returns and refunds cannot be accepted as stated in 4.30.
We offer a bespoke manufacturing service that provides one of a kind garments to your specifications. As a result, we are unable to offer returns and refunds on finished products. We cannot accept returns of any garments. We strongly advise extra care and attention is taken with the job’s specifications and you have read our terms of service through thoroughly. In approving your artwork you agree to pay for the goods and services detailed in the job specification and agree that no refund or replacement can be claimed once your order has been processed.
Occasionally, stock shortages may occur between us last checking availability and the point we come to order it for you. Delay in payment is the most common factor in this. In this case we may offer you a suitable alternative which may result in a price increase or decrease. A new invoice or remittance advice would follow from us according to the circumstances. Alternatively, we will offer to send your order when the stock becomes available.
4.50 Exact Orders
Due to the nature of clothing manufacture there are sometimes errors that occur as a result of the manufacturing process or due to machinist error. Any garments that do arrive with us that deemed unfit for our customer are flagged up in the production stage. If you do require an exact number or garments please consider ordering 5% more than you require. We suggest this as a means of replacing unusable garments in the production process in the unlikely event we discover something unfit for print. If the outcome is that we send less product as a result of unusable garments we will inform you and send the products on later or issue a refund or a credit note.
4.60 Supplied Goods
All supplied goods are open to a rejection rate of 10%, for which we will not be responsible and will not refund.
Garments sizes are based on estimates and exact sizes are not guaranteed. Please be sure to reference the garment manufacturers size chart and also bear in mind that there is more than one method of measuring garments and size charts between manufacturers may differ. If you are concerned about sizing the we would recommend ordering some samples. Very occasionally there may be some size difference in identical products as a result of a mix of mechanised and human manufacturing.
4.80 The Drying Process
Each screen printed garment is dried mechanically using a heat press. The print colour can sometimes be subtly changed during this process. By placing your order you accept that very slight changes in colour may occur between garments.
Some garments may take on a slight tinge from the drying process. We have a stringent quality control process, but at times some affected garments get through. This tinge can be easily rectified with a single domestic wash: you may send these back for us to do, or launder yourself.
5 – Delivery
All liability shall pass to the customer once the order is delivered to or in the possession of the deliverer. DTGMCR Ltd will not be liable in any way for any failure in supply or for any loss, damage or defect to goods supplied or delivered that is caused by any event or circumstances beyond it’s control The customer shall carry the transportation and insurance costs, these will be added to your invoice.
- Force Majeure
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, strikes, freight embargoes 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.
4 – Additional Terms
4.00 – Bribery
We shall ensure that all persons acting on our behalf in connection with our agreement does not, directly or indirectly receive or agree to receive any gift, benefit, entertainment or other consideration from any person which is intended to induce or encourage, or which has the effect of inducing or encouraging, such person to breach any duties or obligations you owe to us.
4.10 – 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 a matter of course and these will arrive in a merchantable quality. Our responsibilities do not extend to deterioration of goods resulting from wear and use and we will not be obliged to refund or replace any goods. Extra attention must be paid to laundering instructions found on the label of the garment. We recommend washing at 30 and air drying.
4.30 – Liability
DTGMCR Ltd will not accept any liability for loss of 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.
4.40 – Governing Law
The contract between you and us shall be governed by and interpreted in accordance with English law, and the English courts shall have exclusive jurisdiction to resolve any arising disputes.
4.50 – Confidentiality
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.
4.60 – Intellectual Property
All intellectual property relevant to our brand, processes and all other associated elements of our business shall remain ours. Customers have no right to use our IP without prior written consent. Certain IP may only be used whilst we are your print supplier. The agreement to use our IP ceases when you change supplier or we inform you – whichever comes first.
4.70 – Certifications
We at DTGMCR Ltd are not responsible for your use of any certifications, trademarks, artwork, logos or licenses in your product, marketing or otherwise. Customers are strongly recommended to read the latest guidelines from the certification bodies that regulate the use of their logos.
4.90 Entire Agreement
These terms and conditions, delivery details and contact 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 DTGMCR Ltd 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 representative 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.
4.91 Scope of Agreement
(a) These conditions apply to all Goods and Services supplied by us to you and shall govern the contract to the exclusion of any other terms and conditions. In particular, these conditions shall override and supersede any terms or conditions of purchase of the Buyer purported to be incorporated expressly or impliedly into the contract. You accept these conditions by purchasing the goods and/or services.?
(b) All correspondence and documentation relating to the Order shall be in the English language. If translations exist in other languages, the English version shall prevail if in conflict.
5 – Employees
5.10 We are committed to:
• High standards in every facet of our business
• Conducting business and daily operations ethically and sustainably
• Upholding the rights of all individuals in our business.
• upholding our environmental policies.
5.20 Child Labour
We do not and will not use child labour. The term “child” refers to a person younger than 16 (or 14 where local law allows) or, if higher, the local legal minimum age for employment or the age for completing compulsory education. Where employing young persons who do not fall within the definition of “children” we will also comply with any laws and regulations applicable to such persons.
5.30 Involuntary Labour
We will never use any forced or involuntary labor, whether prison, bonded, indentured or otherwise.
5.40 Coercion and Harassment
We will treat each employee with dignity and respect, and will not use corporal punishment, threats of violence or other forms of physical, sexual, psychological or verbal harassment or abuse.
We will not discriminate in hiring and employment practices, including salary, benefits, advancement, discipline, termination or retirement, based on race, religion, age, nationality, social or ethnic origin, sexual orientation, gender, political opinion or disability.
We will respect the rights of employees to associate, organize and bargain collectively lawfully and peacefully, without penalty or interference.
5.70 Health and Safety
We will provide employees with a safe and healthy workplace in compliance with all applicable laws and regulations, ensuring at a minimum reasonable access to potable water and sanitary facilities; fire safety; and adequate lighting and ventilation.
We recognise that wages are essential to meeting employees’ basic needs. At a minimum we will ensure it complies with all applicable workplace laws and regulations, including those relating to minimum wages, overtime, maximum hours, DTGMCR Ltd will compensate employees for overtime hours at such premium rate as is legally required or, if there is no legally prescribed premium rate, at a rate at least equal to the regular hourly compensation rate.
5.90 Protection of the Environment
DTGMCR Ltd complies with all applicable environmental laws and regulations.