Terms of Service & Manufacturing Agreement
Welcome to Custom Patches San Diego. By paying your invoice or submitting a purchase order, you agree to be bound by the following terms and conditions.
1. Artwork & Digital Proofs (Crucial)
Before production begins, we will provide a digital proof (mockup) via email. It is your sole responsibility to inspect this proof for errors in spelling, color, size, and backing type.
Approval is Final: Once you reply with “Approved” or sign off via our portal, production begins immediately.
No Refunds for Approved Errors: We are not financially responsible for typos, color errors, or layout mistakes that existed in the proof you approved.
2. Payment Terms
Standard Orders: We require 100% payment upfront before manufacturing begins.
Government/institutional: We accept Net 30 terms only for verified Government entities (Navy/City/State) and Public Schools with a valid Purchase Order (PO).
Late Fees: Overdue invoices on Net 30 terms will accrue interest at 1.5% per month.
3. Cancellations & Refunds
Before Proof: 100% Refund available.
After Proof / Before Production: A cancellation fee applies to cover the cost of digitizing and mold creation.
During Production: Once the physical manufacturing process has started, orders cannot be cancelled or refunded.
Defects: We offer a 100% replacement guarantee for manufacturing defects (unraveling, wrong size) reported within 14 days of delivery. We do not offer refunds for “change of mind.”
4. Intellectual Property & Indemnification
You warrant that you own the copyright or have the legal right to reproduce the artwork you submit.
Anti-Counterfeit: We reserve the right to refuse orders that appear to be unauthorized use of major trademarks (e.g., Nike, Disney, Marvel).
Indemnification: You agree to indemnify and hold Custom Patches San Diego harmless from any legal claims, damages, or costs arising from copyright infringement claims regarding the artwork you submitted.
5. Shipping & Risk of Loss
All orders are shipped FOB Origin (San Diego). This means that the risk of loss passes to you once we hand the package to the carrier (UPS/FedEx/USPS). We are not liable for packages lost or delayed by the carrier, though we will assist in filing claims.
6. Limitation of Liability
In no event shall Custom Patches San Diego be liable for any indirect, incidental, or consequential damages arising from the use of our products. Our total liability is strictly limited to the purchase price of the patches. (Example: If a patch falls off a jacket, we will replace the patch, but we will not pay for the jacket).
7. Color Matching
We use the Pantone Matching System (PMS) to match threads and PVC colors as closely as possible. Please note that computer monitors display colors differently. Slight shade variations (approx 5-10%) are industry standard and are not considered manufacturing defects.
8. Governing Law
These terms shall be governed by the laws of the State of California. Any disputes arising from this agreement shall be resolved in the courts of San Diego County.