Production Terms and Conditions

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. We reserve the right to use any imagery, videos or renderings of products produced or services provided to on social media, video outlets, blogs etc.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

DISCLAIMER POLICY

Due to variances of materials and other circumstances beyond our control, Southern Will cannot guarantee continuity of shade, color, size, texture or construction of finished goods from lot to lot. Due to manufacture tolerances, all dimensions have acceptable variations that are dependent on the product. Southern Will is not liable for delays due to acts of God, material shortages, shipping or customs interventions.

PRODUCT PRESENTATIONS

Every effort has been made to ensure all product images, proofs and virtual proofs are accurate and true to the product. However, due to changes in stock, screen color variations, and other factors, we encourage you to request a sample before placing your order so that you can be sure the product is exactly what you’re expecting. Small variations in images and virtual proofs are to be expected and will not result in credits.

COPYRIGHT/TRADEMARK LAWS

Southern Will assumes that artwork submitted for reproduction in producing an order was submitted in full compliance with the laws governing copyright, trademarks, etc. Purchasers, by placing these orders, agree not to hold Southern Will responsible for any damages, costs and/ or expenses arising under these laws as a consequence of our use of said artwork.

QUALITY OF CERAMICS

Due to the inherent properties of ceramic ware produced by foreign manufacturers, there may be imperfections or irregularities which should not be perceived as defective. Variations in materials, firing temperatures and color pigments may result in variations in the glaze, overall appearance and imprint colors. These variations must be considered acceptable.

COUNTRY OF ORIGIN

Country of origin marking may be molded or imprinted onto the products. This is a federal requirement.

REGISTRATION

A registration variance of ±1/32″ may occur with multiple colors and must be considered acceptable registration.

TURNAROUND

Typically, orders ship out within 10 – 15 business days after your final payment has been received. Rush orders are accepted on a per project basis and subject to a premium.

ESTIMATES & INVOICES

All prices are given in writing. No job will begin until customer has given signed approval, to the written estimate, terms and art proofs.  The customer is responsible for verifying all aspects of the written estimate, invoice and related paperwork. Southern Will assumes no responsibility for typographic errors contained in these documents once they have been approved. Please verify quantities, colors, styles, sizes, print or embroidery locations, print or embroidery colors and billing and shipping addresses upon receipt. All written estimates are good for 30 days unless otherwise noted.

PAYMENT/DEPOSIT

We require a 60% deposit on all projects, before we move to production. Final payment is required prior to delivery of local orders. Final payment is required on all shipped orders prior to the product leaving our facility. To reduce delays in delivery we encourage full payment at time of production.

RUSH ORDERS

Rush orders, are defined as an order that needs to be completed in less than 10 business days. Rush orders are accepted on a per project basis and subject to a premium.

Ship date specified as no later than:

9 BUSINESS DAYS = 10% premium

5 BUSINESS DAYS = 50% premium

3 BUSINESS DAYS = 70% premium

1 BUSINESS DAY = 100% premium

CANCELATIONS

Cancellations made before your order has been moved to the production phase are subject to a 25% restocking fee and the deposit may be forfeit. An order cannot be canceled once production has begun.

SHIPPING

All prices listed do not include shipping. Expedited shipping is available for a premium based on box weight, destination, and speed of delivery. We are not responsible for delays in shipment due to weather or errors on the shipper’s behalf.  We accept no responsibility for delays or damages once freight has left our building. This shall include UPS, FED EX, USPS, common carrier or messenger. Born of Water makes no warranty as to any shipper’s ability to deliver on time. Claims must be made against the shipping company.

CUSTOMER SUPPLIED PRODUCTS

Southern Will is not responsible for customer supplied products for any reason. Damaged and or misprints of 5 – 7% rounded up is acceptable. Customer will not be billed or reimbursed for any loss.

ARTWORK & PROOFS

Proof approval is required for all art that Southern Will creates, modifies, or alters in any way. Failure to respond to a proof approval request may delay your job. Customers may request proofs of embroidery sew-outs. Proofs are sent in the form of digital photo’s. Proof requests for artwork that we have not digitized incur a $15.00 service charge. Any changes made to artwork, printed or embroidered samples after the customer has approved the job will result in the customer being billed for all work completed to that point. We are not responsible for errors in customer supplied art, including, but not limited to color errors, color separation errors, typo’s or any other error in the customer file. We are not responsible for typographical errors. All artwork needs to be double checked by the customer before it is submitted for production. No refunds will be issued for typographical errors that are the fault of the customer. We are not responsible for any errors that may occur in your browser or on your monitor as we cannot control your display for color or image positioning. Color matches are made “as close as possible”. All formulas are matched to Pantone Solid Coated colors.

CHANGE OF COPY CHARGE

Debossed, Transfer and Silk-Screened items – same as set up charge for that item.

CHANGE OF PRINT CHARGE

Pad-Printed or Silk-Screened items add $25.00 per change.

PRICING

Pricing is subject to change without notice. Invoices will reflect current website pricing and will not be adjusted to reflect any previously offered pricing.

PRODUCT PROOF

$40.00 on any Silk-Screened or Pad-Printed item. $50.00 on Debossed or Digibrite items. $45.00 on any Laser Engraved item. Any revisions on proofs will be charged a new proof charge that includes any additional art, die or screen charges. Embroidery, Heat Transfer and 4 Color Process, contact Southern Will for charges.

REORDERS

If previous order included an art, die or screen charge, but a change of copy is needed on the new order, it will be necessary to charge a new art, die or screen charge on the new order. NOTE: Exact imprint and product color cannot be guaranteed on repeat orders. Please request a sample for current product color.

RESTRICTED MATERIAL

Southern Will reserves the right to refuse to print or embroider any artwork that it deems offensive. We do not print the following types of designs: racist or hateful messages, and trademark or copyright infringing artwork.

COLOR MATCHING

If you require specific PMS pantone values for your design, please specify them in writing when you send over your artwork. Exact Pantone matches may incur an additional fee.

MISPRINT

If you receive a garment with an error related to the print, you can return it for a refund or credit. Claims must be made within 72 hours of delivery. No returns on blank products.

RETURN OF GOODS

Factory authorization number must be obtained in writing prior to return of merchandise for any reason, or our Receiving Department will not accept return shipment. Returns must be shipped within 15 days of purchase.

FORCE MAJEURE

SOUTHERN WILL CANNOT BE HELD RESPONSIBLE FOR FAILURE TO FULFILL A DELIVERY COMMITMENT AS A RESULT OF SITUATIONS BEYOND OUR REASONABLE CONTROL. THIS INCLUDES, BUT IS NOT LIMITED TO OCCURRENCES SUCH AS: NATURAL DISASTERS (I.E. HURRICANES, FLOODS), LABOR STRIKES, CONGESTION AT PORTS OF ENTRY, US CUSTOMS / HOMELAND SECURITY HOLDS AND DELAYS, OR FAILURE OF SUBCONTRACTORS TO PERFORM. SOUTHERN WILL SHALL PROVIDE WRITTEN DOCUMENTATION IN SUPPORT OF ANY FORCE MAJEURE OR COMMERCIAL IMPRACTICABILITY CONDITION UPON REQUEST.