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.
DEFINITION OF TERMS
means the Purchase Order or invoice and related specifications and EKANEM OROK LIMITED’s acceptance of the Purchase Order and related specifications;
All Information related specifically to the garment, production or order.
“Goods” – means the goods or services as described in the Purchase Order
These represents 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.)
These are other service other than production this includes samples, Patterns, fittings, revisions and amendments.
Purchase Orders are deemed to be accepted by EKANEM OROK LIMITED once EKANEM OROK LIMITED have confirmed its acceptance it in writing.
Production Materials Delivery
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.
All quoted fees are inclusive of VAT.
If requested by the designer, Pre - Production Development is priced at:
Design Illustration - N5,000 ($15) per garment design (Front Back and Side views)
Pattern Making - N9,000 ($25) per garment design (including Digital File Delivery)
Pattern Grading - N8,000 ($20) per garment design
Sampling and Prototyping - N 6,500 ($18) per garment design
We will not start any services until full payments are made. Sampling, Pattern etc, work will commence upon receipt of payment.
Product delivery date will be agreed after the garment prototype samples have been approved by the client.
Any changes from the original production order will incur a surcharge starting from 20,000 Naira ($50) per design.
Change orders include and not limited to:
1) Change of style 5 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
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 for production 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.
Delay of Delivery:
1. Even though delivery dates may have been agreed unforeseen circumstances such as insufficient fabric on rolls, incorrect number of garment accessories like buttons and trims will create delays in the production this is the clients responsibility.
2. 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.
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.
Fabric and Trim Quality
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.
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.
Garment label placement
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.
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.
Due to limited space in our factory, 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.
All payment must to 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.
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.
Cancellation of production:
There is no cancellation of production once payment are made.
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 Nigerian law and the parties submit to the exclusive jurisdiction of the Nigerian 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