The following Terms & Conditions are essential for all our customers.
Please ensure you have read these terms & conditions before ANY production work is started. We always attempt to help our clients, we do though ask all clients to make themselves aware of our Terms & Conditions… within these are helpful advice about ensuring all work from FPC is thoroughly tested before production. FPC cannot be help responsible in any way for work produced.
- It is the sole responsibility of the Client and/or Manufacturer to check all work with the understanding that a sample should be made using the correct fabric and machinery.
- IT IS VITALLY IMPORTANT ALL WORK IS CHECKED, ESPECIALLY BEFORE PRODUCTION
It is the sole responsibility of the Client to check all work carried out by FPC / Sharon Elliott and the latter shall be expressly excluded from liability for Consequential Loss or Damage which may arise in respect of the Service or for Loss of Profit, Business Revenue plus goodwill.
Any problems/issues must be notified within 10 working days. Should any errors be caused by FPC/Sharon Elliott then these will be corrected. Should any errors/issues be found and were due to incomplete or incorrect information from the client then any work to correct issues will be liable to the usual fees. Sometimes problems are not errors, i.e. if the client uses a different material or hasn’t had a suitable fitting of a sample garment made from the work carried out by FPC.
- All work will be classed as development work and such will be charged at an hourly rate. Again, it is the sole responsibility of the client to check all work, we cannot be held responsible for any errors or incorrect measurements etc., we therefore request all clients to thoroughly check all work: it is vital this is done before any production work, especially as sizing, fitting, materials, all have their own uniqueness and requirements.
- Any amendments required must be notified within 10 working days. Should an issue/problem/error be found after this time FPC / Sharon Elliott cannot be held responsible.
- All size Charts must be signed and dated before submitting a paper pattern.
- FPC Sharon Elliott accepts NO responsibility for inaccurate grades where customers have failed to check the original pattern. It is the client’s responsibility to ensure all work from FPC / Sharon Elliott has been checked BEFORE production begins. We always recommend samples to be made before production runs including where possible for suitable fit sessions to be completed where sample garments can be assessed.
- All production patterns should be checked signed and dated and sampled covering the full-size range before production takes place.
- Software and files: we will endeavour to work with files sent to us, sometimes however, files arrive corrupt, they may not be saved correctly before arriving at FPC, or they may have unknown and/or unresolvable issues that mean we cannot work with them – this can lead to FPC taking the time to attempt to open and work on files or attempt workarounds, if this fails FPC will still charge the relevant hourly fee for any time taken. This sometimes means that deposits or full amounts will not be returned if the amounts add up to less than the accrued fee for the time taken. Any refunds are solely at the discretion of FPC.
- Customer’s payment terms should be made immediately or within 7 days grace depending upon the discretion of FPC / Sharon Elliott.
- Payments: Payments are made on a staged basis with each stage paid in advance of any work. All invoices must be paid in full within 7 days of the invoice date, except where agreed at FPCs own discretion. If agreed payments terms are on a staged basis and NO further work will commence until each staged-payment has been made.
FPC reserves the right to decline further work on a project if there are invoices outstanding with the client.
Late payment will result in an administration charge of 5%.
- All work remains the property and intellectual property of FPC / Sharon Elliott until invoices are paid in full.
- Where electronic files have been sent to the client it is assumed that the client has the sole responsibility for ensuring that [they, the client] or their manufacturers (or anyone else in the chain of design/production) has the capability to import/open said files. Where a client finds their manufacturer cannot import or is unable or is unskilled to import/open said files then this is solely the responsibility of the client. FPC / Sharon Elliott may offer to assist and this may incur the usual fees (especially if a third party, for example, a Gerber specialist needs to advise the client).
- Should any items (i.e. patterns) require posting, then there will be an additional charge for printing and postage (especially if we use recorded and signed-for delivery).
- Electronic files will only be sent directly to the client. Should the client request electronic files to be sent directly to manufacturers, then it is the sole responsibility of the client to ensure the correct file has been sent and that the file received is the expected file.
- It is the responsibility of the client to ensure they are using the correct version of electronic files.
- All changes, alterations, requests for work, must be in writing via email.
- All issues/errors/problems must be sent via email. We cannot accept responsibility for requests made over the phone.
- Deposits and payments: all deposits are non-returnable. Part-payments are only returnable at the discretion of FPC. Normally when payments are made then time has been allocated within the FPC working schedule which means this prevents FPC from working with other clients.
Any cancellation of any project by the client for any reason must be in writing and agreed as cancelled also in writing by FPC. In case of any cancellation, the client may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages, i.e. FPC will charge for time already taken and any outstanding fees for time taken will be invoiced to the client.
- Additional work requested by the client that is not specified in the agreed quotation is subject to an additional quotation by FPC. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project. For example, alterations, file amendments, extra sizes.
The client agrees to use FPC services and facilities at their own risk and agrees to defend, indemnify, save and hold FPC harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against FPC or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the client or its third parties.
FPC is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
The client agrees that this indemnification extends to all aspects of the project.
The client also agrees to indemnify, hold harmless and defend, FPC against any liabilities arising out of injury to property or person caused by any any product or service sold by the client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
FPC and any third party associates agree that, unless directed by the client, it will not at any time during or after the term of this agreement disclose any confidential information. The client agrees that it will not convey any confidential information about FPC to another party unless directed by the FPC.
FPC and any third party associates shall use information provided by the client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the client in communications with them and to contact the client from time to time to offer them services or products that may be of interest to or benefit the client.
FPC reserves the right to terminate a project with a client at any time without prior notification if it finds the client in breach of these Terms and Conditions. FPC shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable by law.
Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the client acknowledges having read, understand, and accept the Terms and Conditions of this Agreement and agrees to be legally binding by these Terms and Conditions.
The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.
These Terms and Conditions do not affect your statutory rights as a consumer.
Zero-Tolerance for bad behaviour policy
FPC operates a zero-tolerance policy towards bad behaviour.
The safety of our employees, clients, and visitors is an important concern to the organisation. Threats, threatening behaviour, shouting, swearing, or acts of violence against FPC, employees, clients, visitors or others while on the clients or suppliers/developers property or third-party location, conducting business or receiving services from the supplier/developer won’t be tolerated. The supplier/developer reserves the right to immediately end any contract should any violations of this policy occur, and if appropriate all threatening behaviour will be reported to the authorities.
Any person who engages in breaking our Zero-tolerance policy, in person, on the phone, on the Internet, Social Media, or who uses any electronic means to make a threat against FPC or a staff member, volunteer shall be in breach of the zero-tolerance policy and the supplier/developer will reserve the right to terminate any contract and if appropriate all threatening behaviour will be reported to the authorities.
Should any contract be terminated due to a breach of the zero-tolerance policy by the client then any outstanding invoices owed to the supplier/developer must be paid in full. In addition, all work will be halted without any recompense/returned payment(s). Samples must be either collected or delivery must be arranged for by the client. Should there be any outstanding work, then this too will stop and FPC will no longer be liable to complete any work. It will be entirely at the will of FPC as to whether any good will gesture will be made on behalf of the client.