Terms and Conditions

1. Agreement

These Terms and Conditions ("Terms") govern the sale of custom plush manufacturing services by The Plush Maker ("Supplier", "we") to you ("Customer", "you"). By placing an order, you accept these Terms. Any conflicting terms you reference (e.g. in your PO) are superseded unless we explicitly agree in writing.

2. Definitions

• "Order" — a written purchase instruction from Customer, confirmed by Supplier's invoice.
• "Sample" / "Prototype" — a physical unit produced before bulk, priced US$150–$200.
• "Bulk" — production runs of 500 units or more per SKU.
• "Deliverables" — finished plush products, compliance reports, and export paperwork.

3. Orders & Quotes

Quotes are valid for 30 days unless stated otherwise. Orders are binding upon (a) Customer written confirmation, and (b) Supplier receipt of the required deposit.

4. Pricing & Payment

• Sample: 100% due upon order confirmation.
• Bulk: 30% deposit on order confirmation, 70% balance due before dispatch.
• Payments are non-refundable once work has begun, subject to §8 (Warranty).
• Late payments accrue interest at 1.5% per month.

5. Samples & Prototypes

The sample fee (US$150–$200 depending on size and complexity) includes pattern digitization, one physical sample, and up to 3 revision rounds. Additional revisions are billed at cost. Sample fee is credited against the first bulk invoice if Customer proceeds to bulk production within 12 months.

6. Production & Delivery

Lead times are indicative: prototype 7–14 days; bulk 25–40 days; shipping 2–5 days (air) or 25–40 days (sea). Lead times begin upon receipt of (a) cleared deposit, (b) confirmed sample sign-off, and (c) finalized brief.

Risk passes to Customer at the Incoterm point specified in the commercial invoice (EXW, FOB, CIF, or DDP).

7. Intellectual Property

• Customer retains ownership of designs, artwork, trademarks, and character IP supplied to Supplier.
• The 3D pattern developed by Supplier based on Customer art remains Customer property; Supplier retains archive copies for reorder purposes.
• Customer warrants that submitted designs do not infringe third-party IP and indemnifies Supplier against infringement claims arising from Customer-supplied material.
• Supplier does not reuse Customer designs for other clients.

8. Warranty

Supplier warrants that Deliverables will conform to the approved sample and stated specifications. Customer must notify defects within 30 days of receipt. Remedies (at Supplier's option): replacement, repair, or credit against a future order.

9. Limitation of Liability

Supplier's maximum liability under any order is limited to the total invoice value of that order. Supplier is not liable for indirect, consequential, or punitive damages (lost profits, reputational damage, etc.) to the maximum extent permitted by law.

10. Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control — natural disasters, war, pandemics, government action, customs holds, material supply chain disruption beyond Supplier's dual-source capacity.

11. Confidentiality

Each party keeps the other's confidential information in strict confidence and uses it only for the purpose of the Order. Obligations survive termination for 3 years.

12. Termination

Either party may terminate for material breach after 30 days' written notice and opportunity to cure. Upon termination, Customer pays for work performed and materials purchased prior to termination.

13. Governing Law

These Terms are governed by the laws of the People's Republic of China. Disputes are resolved by arbitration at CIETAC (China International Economic and Trade Arbitration Commission) in English. Nothing limits either party's right to seek injunctive relief in local courts.

14. Contact

Legal notices: [email protected] · Mailing: Chashan Town, Dongguan, Guangdong, China.