TERMS OF SERVICE
These Terms and Conditions apply to the agreement of the service detailed in our quotation or invoice.
These terms and conditions are the only terms and conditions upon which EKANEM OROK LIMITED is prepared to deal with the Client in relation to the purchase of the Goods and they shall govern the Contract to the exclusion of all other terms and conditions. No variation to these terms and conditions shall be valid unless expressly agreed to in writing by EKANEM OROK LIMITED.
“Contract” – means the Purchase Order or invoice and related specifications and EKANEM OROK LIMITED’s acceptance of the Purchase Order and related specifications;
“Specifications” – All Information related specifically to the garment, production or order.
“Goods” – means the goods or services described in the Purchase Order;
“C.M.T Manufacturing” Cut, Make, Trim. – means we only provide the labour, skill, knowledge and machinery to process textiles and hardware into wearable garments and soft goods. We do not provide or source any materials for bulk productions.
“Production” – means as any single style or product order of over 100 units billed on one single invoice and manufactured at one single time. This may not be split over different production timelines (must be produced at one time to be considered and priced as a production.)
“Development” – means any other service other then production this includes samples, Patterns, fittings, revisions and amendments Or any sewing service under 100 unit. per one single style.
ApparelTASKER – Booking, deposit and pricing .
Purchase Orders are deemed to be accepted by EKANEM OROK LIMITED once EKANEM OROK LIMITED have confirmed its acceptance it in writing.
The Client is responsible for delivery to EKANEM OROK LIMITED of full and accurate information, instructions, fabric, trims and any other raw materials required under the Contract.
All such items must be delivered to EKANEM OROK LIMITED by the date specified by EKANEM OROK LIMITED.
The delivery date of the Goods is dependent on the Client providing full and accurate instructions, fabric, trims and any other raw materials by the agreed in the Contract. Late delivery of such items will be considered to be a breach of the Contract by the Client and will necessitate a new Contract with new delivery dates.
All productions must be booked 6 weeks prior to production start date (Subject to current factory production capacity.) In order to secure a production date, the deposit for your production must be in no less than 6 weeks prior to production start date or on acceptance of P.O.
All quoted fees are exclusive of VAT.
All production quotes are based on per unit + VAT.
Productions are priced at a per unit + VAT.
If requested by the designer, Pre - Production Development is priced at:
Design Illustration - N5,000 per garment design (Front Back and Side views)
Pattern Making - N7,000 per garment design (including Digital File Delivery)
Pattern Grading - N8,000 per garment design
Sampling and Prototyping - N 6,000 per garment design
Deposits are due 6 weeks prior to production start date.
We will not start any services until deposits are paid as per our terms.
All Development is on a Pro-forma Basis and must be payed In full before work will begin. Sampling, Pattern etc, work will commence upon receipt of payment.
Productions valued under 500,000 Naira, the full invoice amount must be paid in advance on our pro-forma basis as per our above 6 weeks prior booking terms.
Productions valued over 500,000 Naira, 75% of the invoice is to be paid 6 weeks prior to production and the remaining 25% is to be paid on delivery of goods.
If you the client fail to pay, we have the right to stop our services and restrict access to your goods.
If you the client fail to pay within our agreed terms, we are not responsible or held accountable for production deadlines or completion dates.
If you the client fail to pay within our agreed terms, we are not responsible or held accountable for external cost incurred to the client. For example missed photoshoots, trade shows, runway shows or any other cost.
You must pay the fees due within 3 days of the invoice issue date or otherwise in accordance with the terms agreed between us.
If you fail to pay within the set period, you will be charged interest at the rate of 4% weekly on the amount outstanding until payment is received in full.
We retain all rights to restrict access to garments, patterns regardless of deposits paid until all invoices and bills have been settled.
Any changes from the original production order will incur a surcharge starting from 20,000 Naira
Change orders include:
1) Change of style 7 business days prior to or during production
2) Shortage of fabric (including damaged or unusable fabric)
3) Restitching of garments from original tech pack or agreed design.
4) Unpicking of garments for re-sewing
5) Altering or changing any aspect of garment outside of original agreed upon design
6) Repackaging/Relabeling of goods
7) Rescheduled of production due to shortage of material or late delivery.
8) Re-rolling fabrics separately when received from supplier, (all fabric colour or type must be on separate rolls)
9) Recutting fabrics due to damage/miss-printing of fabric from other supplier
When paying for any order, you accept these terms and conditions in full. (We will always do our best to minimise or avoid change order charges).
All information in the supplied tech pack is the responsibility of the client. We ask you to check your tech pack against final pre production sample to guarantee no errors during production. We will not be held responsible if the tech pack is not the same as desired product.
It is the customer’s responsibility to provide full technical specification, including sketch, fabric swatch, details of trims, size chart, labelling details, packaging details and any special instructions (including inspection requirements). The client should also provide initial samples where applicable.
If the full information is not available then EKANEM OROK LIMITED will interpret the customer’s requirements to the best of their ability without recourse to the customer. The customer shall have no recourse to EKANEM OROK LIMITED for incorrect interpretation if they have not provided full clear information.
EKANEM OROK LIMITED reserve the right to use any stitch type or finish we deem suitable for the garment if not specified In writing or in detailed tech pack.
Delays of Materials:
If your production materials are delayed Fabric, hardware etc or partially delivered, the order may have to be split. If the new production order is under 100 units this will change the price from production pricing to Our development Rate. (please see our development rate and terms.)
Your production will be held for a maximum of 48 hours until the remaining fabric arrives, after 48 hours the production will either be cancelled or rescheduled + Change order fee applied.
holds the right to not start production until all components are received irrespective of agreed delivery dates or stop production or sampling should there not be enough components to complete production.
Even though delivery dates may have been agreed unforeseen circumstances such as insufficient fabric on rolls, incorrect number of buttons and trims will create delays in the production this is the clients responsibility.
Fabrics/samples/trims left after production/sampling will be held for one month, after this period any components left and not collected without consent of EKANEM OROK LIMITED will be donated.
To avoid this, please arrange collection of your fabrics and components immediately after completion of sampling and production.
Fabric and Trims
Unless otherwise agreed in writing by EKANEM OROK LIMITED, it is the responsibility of the Client to provide fabric and trims for the production.
All such items must be delivered to EKANEM OROK LIMITED by the agreed date. Late receipt of these items will cause delays in the delivery of the finished production.
EKANEM OROK LIMITED will not take any responsibility for the fabric and trims provided by the client or undertake inspections of the fabric and trims. This is the responsibility of the client and all inspections and approvals of goods must be made by the client before delivery to EKANEM OROK LIMITED.
Before cutting the fabric the client must check the quality of both sides of the fabric for flaws/marks etc.
Fabric will not be inspected by EKANEM OROK LIMITED before commencing cutting.
The client must confirm labels for samples and production including where to place the labels. All labelling information should be itemised on tech pack and/or Invoice.
All components of the garment must be available to EKANEM OROK LIMITED before production commences.
Additional costs will apply if later work is required by EKANEM OROK LIMITED to rectify incorrect information supplied by the client to EKANEM OROK LIMITED e.g. if a unit price is agreed per garment and the back neck labels are not submitted at the time of production EKANEM OROK LIMITED will charge additional to then attach the labels when these labels arrive later on.
Where any garment components are to be produced externally, It is the client’s responsibility to send components to the external supplier including printing and Embrodery.
All garments must be collected no later than five working days after they have been pressed and packed/hanging however the invoice must be paid upon completion of the order.
EKANEM OROK LIMITED will not check fabric before cutting.
It is also recommended that a representative from the client visits EKANEM OROK LIMITED during short run production lines.
It is also recommended that a representative from the client performs a 100% quality check of garments before they leave the premises of the EKANEM OROK LIMITED. Payment for the items must be made before any delivery is undertaken.
The payment must have clear funds in the account of EKANEM OROK LIMITED before delivery is released.
EKANEM OROK LIMITED cannot take responsibility for garments rejected once the garments have left the premises of the EKANEM OROK LIMITED.
Please inspect your samples/stock at EKANEM OROK LIMITED before payment is made, EKANEM OROK LIMITED is not responsible for any quality issues after garments have been paid for and left the premises.
EKANEM OROK LIMITED is not responsible for monitoring clients’ fabric and trims stock for sampling or production. It is the client’s responsibility to ensure they have provided all the components for production or sampling.
We grade your patterns using a third party supplier, we strongly recommend testing your grade with a sample set or a few sizes to confirm your grade is correct.
We are not held responsible with any delays or mistakes caused by our 3rd party suppliers grading etc.
If you decide not to have a sample set made or check your sizes against the samples or fit model etc. EKANEM OROK LIMITED is not responsible for your grade being incorrect or causing defective products.
It is the responsibility of the client to check and approve all sizes and grade rules are correct prior to production start date.
Quality Control EKANEM OROK LIMITED carries out effective quality checks on all productions. If the customer requires specific checks to be done these should be agreed with EKANEM OROK LIMITED in advance and details should be included with the order and tech pack / P.O.
Cancellation of production:
Cancellations prior to production start are subject to a 30% charge.
We may have already cut fabric, prepared components or re-organised production, or any administrative tasks or other work. Please note that if there is a cancellation of style or entire production, EKANEM OROK LIMITED reserves the right to a minimum charge of up to 30%.
You agree to these terms on acceptance of our quotation or invoice or from the date of any performance of the services.
EKANEM OROK LIMITED may at any time, by notice in writing to the Client, terminate the Contract immediately.
If the Client commits any breach of this Contract and fails to remedy such breach (if capable of remedy) within seven (7) days of having received written notice of such breach from the EKANEM OROK LIMITED; or EKANEM OROK LIMITED – Terms & Conditions
Termination of the Contract, for whatever reason, shall be without prejudice to any accrued rights of EKANEM OROK LIMITED. The terms and conditions of this Contract which, expressly or implied, have effect after termination shall continue to be enforceable notwithstanding termination.
If the Client terminates the Contract the Client will pay EKANEM OROK LIMITED the full value of work carried out by EKANEM OROK LIMITED up to the point of EKANEM OROK LIMITED receiving written notice of termination. This payment will be due immediately upon confirmation by EKANEM OROK LIMITED of the value of work done by EKANEM OROK LIMITED.
EKANEM OROK LIMITED use DHL express for all shipping.
Client shall be liable to pay EKANEM OROK LIMITED charges for carriage, packaging and insurance in addition to the price for the Goods.
EKANEM OROK LIMITED will not dispatch any garments nor will clients be able to take any products without having settled all payments.
EKANEM OROK LIMITED are not liable for circumstances beyond our control. These include, but are not restricted to, fire, robbery, flood, or other extenuating circumstances beyond our control while in the hands of our courier.
EKANEM OROK LIMITED may deliver the Goods by separate instalments at their discretion. Each such instalment shall be deemed a separate Contract and shall be paid for by the Client in accordance with the provisions of the Contract.
EKANEM OROK LIMITED will not insure good in transit unless clearly accepted in writing.
When paying for any order, you accept these delivery terms and conditions in full.
No failure or delay by EKANEM OROK LIMITED to exercise any right under this Contract shall be deemed to be a waiver of that right, nor preclude the exercise or enforcement of it at any later time.
This Contract contains the entire agreement of the parties with regard to its subject matter and supersedes and replaces any and all prior discussions, correspondence, proposals, or agreements between them with respect thereto. The Client acknowledges that it has not relied upon any representation, statement or promise of EKANEM OROK LIMITED which is not set out in the Contract.
This Contract shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
I have read and agree to the Terms and Conditions of Business and understand these will apply to all orders placed with EKANEM OROK LIMITED
You are deemed to have accepted these Terms and Conditions when you accept our quotation or invoice or from the date of any performance of the services. Upon your acceptance you are bound to the terms and conditions of this agreement.
If you have any questions regarding the above Terms and Conditions please don’t hesitate to contact us by replying to your invoice or quote.
EKANEM OROK LIMITED