TERMS AND CONDITIONS.

(in alphabetical order by wording)

In the spirit of Customer Service, we would like to help avoid any misunderstandings. McDuck Productions and Rapid Embroidery provide the following statement(s) of Terms and Conditions, which are represented here, not only as a clarification, but to establish a working agreement between McDuck Productions, Rapid Embroidery and the buyer. Hereafter, McDuck Productions and Rapid Embroidery shall be referred to as “McDuck” and “Rapid”.

BACK ORDERS: We DO NOT backorder garments, items or services. The customer will be notified with each shipment, i.e. the invoice. You may reorder if this occurs, but pricing on reorders will reflect the quantity of the reorder; not the original order.

CANCELLATIONS: Should an order be canceled by buyer, the buyer will be billed for all work produced by McDuck or Rapid by or before the cancellation date. Buyer will be billed for any restocking charges (from supplier) and / or excess shipping charges incurred by McDuck due to change in an order. Certain non-stock orders are non-cancelable. Ownership of all copyrights and the original artwork shall be retained by McDuck and Rapid.

COLOR CHANGES: For Screen Printing a $20.00 fee will be charged per screen (color) and per location for ink color changes; regardless of the quantities. For Embroidery a minimum of 12 pieces or 20% of the order; which ever is greater, per change; will be included at no charge. i.e. on a 24 piece order 1 color change would be free or an order of 96 pieces you could have up to 4 color changes free; this does not include the beginning or setup color. A $10.00 fee will be charged per thread (color) change, in excess of this.

COLOR MATCHING: Pantone or PMS and Ink color matching is $50.00 per color for orders less than 200 pieces and $35.00 per color for orders greater than 200 pieces. McDuck will make every attempt to reproduce the colors as accurately as possible. However, certain ink colors may change in shade, tone or intensity due to the color or composition of the fabric being printed. McDuck is not responsible for such ink color variations.

CUSTOM DIGITIZING: Is offered at a reduced rate of $15.00 per 1,000 stitches. If the customer wants a copy of the digitized file, they will need to pay full price or $30.00 per 1,000 stitches. It takes 2 - 3 business days for a copy to be readied; plus shipping, if needed.

CUSTOMER GOODS: Customer provided goods will be billed at the indicated embellishment price(s) plus a handling fee of $2.00 to 50 cents, per item, for 24 pieces or more. If less than 24 pieces, call for quote. McDuck or Rapid is liable only for embellishment charges, not goods.

CREDIT CARDS: Due to increased costs, McDuck or Rapid no longer accepts credit cards for payments. Full payment must be received 3 days before shipping date requested by buyer. Send your check in a manner according to meet this requirement.
DESIGN / ARTWORK: Basic artwork charges are $50.00 per hour. For more complicated artwork, please call us for a quote. Rush charges for artwork depend on circumstances and timing. Charges for artwork do not reflect “Full Payment”. McDuck or Rapid retains
ownership of all original artwork, whether preliminary or final, and the buyer shall return such artwork upon the request of McDuck or Rapid unless indicated otherwise in writing. Reproduction of artwork, whether preliminary or final, McDuck and Rapid reserves the right to do any and all production work.

DYE LOTS: McDuck or Rapid assumes No responsibility for minor manufacturer dye lots variations or for any irregularity that can be corrected by proper laundering of the product, specially denim products. Since laundering or other means of cleaning is out of our control, McDuck or Rapid will not be responsible for any damage to goods resulting from cleaning or washing.

FINANCE CHARGE: A charge of 1.75% per month (21% per annum), or the current maximum applicable rate, will be charged to all past due accounts. Should suit be necessary to enforce collection on this account, McDuck or Rapid shall be entitled to reasonable attorney fees and court costs in addition to any other relief granted.

MINIMUMS: Unless restricted by manufacturer or distributor of the garments or blank products needed, the minimum is 12 pcs. per design, per work order or per customer.

PACKAGING: Garments will be grouped in bundles of no more than 6 pieces per size and placed in a container suitable for transport and delivery. Any special folding or packaging will be at the buyers’ expense; please call for quote if needed.

PHONE ORDERS: All orders must be confirmed by a completed and signed work order.

PRICING: Custom embellishment prices are quoted for digital ready artwork and based on information available to McDuck or Rapid at the time the work order is written. Although, McDuck or Rapid wishes to be highly competitive, prices are subject to change without notice. McDuck or Rapid separates it’s pricing into two (2) components, so you can achieve the maximum flexibility and still have a custom product.

PURCHASE ORDERS: Buyer must inform McDuck or Rapid prior to placing the order. In such cases the work order shall take precedence over said purchase order and it’s terms.

REMITTANCE: The invoice enclosed with shipment is the billing statement or receipt unless other arrangements are made in writing, when placing an order. All payments are made payable to McDuck Productions or Rapid Embroidery, P.O. Box 3715, Ventura, CA 93006. Send your check in a manner according to the ship date requested, by the buyer.

RETURNED CHECKS: Customers will be charged a $45.00 handling fee for returned checks.

RETURNS / CLAIMS: Please notify McDuck or Rapid immediately regarding any shortages or damages. Merchandise returned due to flaws will not automatically justify a credit to the customer’s account. All merchandise must first be reviewed by McDuck or Rapid. Please mark flaws with tape or stickers for quicker processing. A 100% refund will be issued to appropriate claims. Notice must be given within 3 days of receiving. Due to prohibitive costs, McDuck or Rapid are unable to make replacements goods or items.

RUSH ORDERS: $45.00 or 10% (whichever is greater) will be added to all rush orders with a required turn around time of 2 days or less from receipt of customer art and / or goods and signed / approved work order.

SCREENS / SEPS: In lieu of individual screen / seps charges, we will imprint a small discrete “duckie”, our logo, on each item. Otherwise, there will be a $45.00 per color and per location screen / seps charge. Screens / Seps are the property of McDuck or Rapid and are not for sale.

SHIP / DELIVERY DATES: Dates are based on information available to McDuck or Rapid at the time the order is written. McDuck or Rapid reserves the right to modify the ship / delivery date when circumstances beyond McDuck’s control necessitates such modification.

SIGNATURE: The signature of the buyer on this work order constitutes acceptance of all terms and policies stated herein. The buyer represents that the person signing is an authorized agent of the buyer. The signature of buyer shall be evidence acceptance of these terms. Project cannot proceed until work order is signed by buyer and received by McDuck.

SHIPMENTS: All shipments will ship via FedEx Ground unless otherwise requested. For customer’s in Hawaii or Alaska, their orders are shipped Priority Mail, U.S. Postal Service.

TERMS: A deposit of 50% will be required on all initial and out-of-state orders. If a deposit is required, the project cannot proceed until the indicated deposit, is received. An advance will also be required for clients whose account with McDuck is or has been previously past due. Net 30 account’s orders paid in Net 10 days from date of invoice, will receive a 2% discount.

TURN AROUND: Normal turn around times are usually 4 - 5 business days on reorders and 7 - 9 business days on new designs. Business days do not include weekend(s) or holiday(s).

This contract, all rights and obligations of the parties thereto shall be governed by the uniform Commercial Code, as enacted and enforce in the state of California, on the date of this agreement.

The undersigned, signature on work order, agrees to all terms and conditions stated herein. It also authorizes the work to begin as specified on the attached work order of this document. If not done by date and time of “Fax Confirmation” sheet, it will cause a delay in the ship date accordingly. If shipping needs to be expedited for the “must have date” it is the responsibility of the buyer; not McDuck Productions or Rapid Embroidery.