Lowkey, we are the kids that loved arts and crafts in school. Now we get to do arts and crafts on steroids for a living (with a side of supply chain logistics). We also hate surprise parties that is why we want to be as transparent as possible. Here’s a brief overview of what is involved in custom decoration and the details to consider!
Vivus Supply LLC
Terms & Conditions of Sale
Applicability:
These terms and conditions of sale (these “Terms”) are the only terms which govern the sale of the goods and/or services by Vivus Supply LLC (“Seller” or “we” or “us”) to the customer named on the applicable purchase order or quote (“Customer” or “you” or “your”). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods and/or Services covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. The applicable purchase order or quote (collectively, the “Purchase Order”) and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Customer’s general terms and conditions of purchase regardless whether or when Customer has submitted its purchase order or such terms. Fulfillment of Customer’s order does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.
Quotes:
We appreciate any and every opportunity to quote a project and bring designs to life! Without finalized art prior to approval, we will quote based on type of imprint, ink, garment, and number of colors (aka number of screens needed). While we don’t need art to complete a quote, it is helpful to ensure we’re quoting as accurately as possible to achieve the desired look. We will check stock of garments at the time of quote but can’t guarantee stock on those garments and will not purchase garments until mockup is approved and payment is received (unless as otherwise agreed by the parties in writing). Due to the ever-changing pricing we receive from vendors, quotes are honored up to 30 days. Any Customer delays in approving quotes will cause a chain reaction to delaying art/mockups, garment purchasing, and production. While rare, costs may change if the garment originally on the quote is out of stock and is needing to be substituted and/or the cost of the garment has increased since quoted. We will discuss any cost changes prior to proceeding with the order.
If we are asked to quote a project at 500 shirts and after art is approved,-Customer only orders 200 shirts-, Customer will be subject to increased costs as the original price break was not met. Price breaks occur at 12/24/48/72/144/288/576, etc. Price breaks are per design (size and art) not by total number of garments. For example, if 500 shirts are ordered in 10 different designs, price breaks occur per design, not total quantity of garments.
Order Consultation:
We offer a free 45 minute appointment only consultation to discuss design elements and see samples of our recommended garments. Email info@vivussuply.com to set up one today! You can pay and place your order at this time. We can continue the conversation via text or email. Any further in person or virtual meetings may be subject to further consultation fees up.
Turnaround Time:
The turnaround time for your order begins when the order is paid in full (unless on terms) and we have all of the requested information needed to complete your order (all artwork, garment SKU, color, delivery method, quantities, and sizing). Unless otherwise agreed, payment is required at the time of mock-up approval once art/imprint is approved. Any shipping costs associated with your order, will be applied after the order has shipped and will show as an outstanding balance on the order. Unless on terms, garment orders will not be placed until the order is paid in full and we have received complete information for such order. If you are on terms, the turnaround for order begins when the requested information listed above is received in full and the mock-up is approved. Delay in receipt of any of the above could result in production delays. Our current turnaround time is 10-14 business days + shipping. Each finishing service (hem tags, printed tags, sewn in tags, heat press additions, etc) may add extra time to the in-hand date, adding up to 2 additional business days. Complex orders and/or special prints (puff ink, CMYK, Sim Process, puff embroidery, patches, embroidery >10,000 stitches) may increase turnaround time.
If you have a deadline for your order, please let us know when placing the order. All orders default to 12-15 business days for production (+ shipping) unless otherwise noted/requested. Depending on the timeline of needed dates and our production schedule, you may be subject to a “Guaranteed In Hands Fee” as listed below:
Guaranteed In Hands
2-4 business days - 40% additional fee of order total
5-7 business days - 35% additional fee of order total
8-9 business days - 25% additional fee of order total
10-11 business days - 20% additional fee of order total
It is our goal to have transparency throughout every step of the process so we have happy customers! Please note, that if you do not advise us about a due date until after the order has been placed/approved at mockup stage, we may not be able to accommodate your request. Any circumstances outside of our control, including, without limitation, Shipping errors by the supplier, and weather delays, may add to the turnaround time require and are not factored into our initial turnaround time estimate.
Order Acquisition and Fulfillment:
All orders will default to “pickup” as the primary method for obtaining the order, unless otherwise requested by the customer. Shipping to a third party is an option (will incur $3.95 processing fee per location), and shipping number and billing zip code must be provided. If one order requires multiple shipping addresses (fulfillment), a charge of $2.30 is added for each shipping location. Please allow 1-2 business days after completion for fulfillment for orders shipping to 20+ locations.
Getting the Goods:
Order Pickup from 10a-5p M-F (default method unless otherwise noted)
Blind Ship Third Party (Customer must provide shipping number along with order details)
Shipping (Cost passed along to customer and noted on the fee line item on the order)
Fulfillment to multiple locations is possible! Fulfillment cost of $2.30 is applied per location where this is requested in addition to shipping costs.
Order Acquisition and Fulfillment:
All orders will default to “pickup” as the primary method for obtaining the order, unless otherwise requested by the customer. Shipping to a third party is an option (will incur $3.95 processing fee per location), and shipping number and billing zip code must be provided. If one order requires multiple shipping addresses (fulfillment), a charge of $2.30 is added for each shipping location. Please allow 1-2 business days after completion for fulfillment for orders shipping to 20+ locations.
Getting the Goods:
Order Pickup from 10a-5p M-F (default method unless otherwise noted)
Blind Ship Third Party (Customer must provide shipping number along with order details)
Shipping (Cost passed along to customer and noted on the fee line item on the order)
Fulfillment to multiple locations is possible! Fulfillment cost of $2.30 is applied per location where this is requested in addition to shipping costs.
Shipping:
Vivus Supply Co. cannot be responsible for any shipping delays caused by the shipping company. If a package is lost we will do our best to negotiate with the shipping vendor on your behalf. If Vivus Supply Co. shipped your item please allow us to contact the vendor first.
Minimums:
Please note that there is no minimum for our Direct to Garment apparel or embroidery. Embroidery may have a one-time digitizing cost if DST file is not provided. Direct to Garment apparel orders may have art fees associated unless art is provided in scaled and higher resolutions format. If you have questions about your order regarding minimums, please contact us-- we are always happy to walk through options!
Any Finishings (printed neck tag, sewn neck tags, garment labels, etc.) have a minimum of 48 pieces (same imprint).
1-4 colors (24 piece minimum)
5-7 colors (48 piece minimum)
DTG (Unlimited amount of colors available): No minimums ->see garment suggestions
Embroidery: No minimums
Patches: 50 minimum
Leather embellishments: 50 minimum
Woven tags: 50 minimum
Stickers: 50 minimum
Heat Press: 12 minimum unless transfer is provided
Any names/numbers individualized on screen printed garments will be heat pressed.
Set up fees will apply for any order that is under the minimums listed above. Our additional fees are listed in pricing sheets, but please note fees associated with the following:
Un-bagging individually wrapped garments provided by the customer
PMS or thread matching outside of stock colors
Guaranteed in hands fees outside of typical turnaround times
Fulfillment to >2 locations
Set up fees for orders under the minimum
Color Change fees
Polybag fee
Digitizing embroidery
Art fees (when art isn’t provided and/or needs to be redrawn)
Shipping costs when items are requested to be shipped
Third Party Shipping $3.95 Processing fee
Specialty ink and embroidery threads/techniques
Specialty print techniques
Artwork and Approvals:
Artwork is preferred in 300 DPI raster images or vector format and ideally sized to the size you would like to print. Please keep in mind that the quality of the art translates directly to our ability to create a quality imprint. If design work is needed, there may be a fee associated with re-drawing the design. We are happy to help talk through ink, sizing, and imprint ideas with you! As Leslie Knope says, “pobody’s nerfect!”. As much as we try to catch any spelling errors and point them out to you, we may not catch them all. If it is in your art and approved, it is how we will print it. If you need exact color matches to your art, color matching/ink mixing fees will apply. If no pantone is listed, we will match with stock colors to achieve the look and will be noted in the mockup. --- colors may shift, color printing to garment, colors may shift slightly. It is imperative to look through every detail of the mockup, as this is how your garments will print. Vivus Supply Co. is not responsible for corrections requested after artwork approval. We will do our best to make changes as requested, but this may result in production delays and could require additional expenses. Any delays in the approval process could/will result in production delays. Approval of mock-ups on our template are required regardless of how detailed customer provided mock-ups may be, including reorders. Vivus Supply Co. will not be held responsible for any misspellings, grammatical errors, or any other design flaws when the artwork is provided by the customer. If artwork is not vector please review in further detail as it is redrawn and may include variances.
Proofs and Revisions:
Vivus Supply Co. will proof projects based on the information given or use industry standards when information was not given. The Customer is provided 2 free mockups. More than 2 proofs and Vivus Supply Co. reserves the right to charge a $20.00 revision fee per revision after the 2nd proof if further revisions are needed. If proofs are not correct after the 2nd revision an in person or virtual meeting may be required to ensure all parties are on the same page with design placement, size, and/or logo color.
Special Imprints/Placements:
We truly want to bring your designs to life! We are willing to try special placements and unique printing techniques. We can provide a vintage look using different mesh and ink styles. Please note that if your design has imprints going over pockets, zippers, seams, art off the hem, there WILL be slight variances as there is no way to standardized special imprints on those areas as garments may shift on press.
Customer Provided Garments:
Vivus Supply Co. is willing to imprint or embroider any customer provided items if it is possible. Additional fees may apply if logo placements are unique and not industry standard production placements. See recommended logo size and placement sheet for more details. Vivus Supply Co. reserves the right to refuse any garment based on a list of factors. We stand by our recommended garments that we have put through rigorous printing tests and wash testing. Vivus Supply Co. will do our best to ensure wash fastness and dye migration errors are eliminated but with the various manufacturers and items that could be given we are not responsible for any wash fastness or dye migration errors with customer provided garments. If you choose to provide your own garments ask us what manufacturers we recommend.
Vivus Supply Co. reserves the right to add a $50.00 processing fee and will notify the customer beforehand. This is to ensure that all provided garments are embellished as close to the exact specification the customer is intending. Vivus Supply Co. will research the manufacturer and determine the best imprint process and inks to use. We will lay garments out and determine to scale imprint locations if non-standard garments will be used. This will ensure that placement from digital proofs and actual finished products will be as true as possible. If you have your own garments and layout and measure or tell us specifically where imprints should be in written form then the fee would be waived.
If we need to assess the garments and determine best imprint location and ink types production lead times will change. Typically it would be an additional 2 to 3 business days.
PLEASE NOTE: Vivus Supply Co. reserves the right to stop production at any time on customer provided garments for the following: any type of allergy related content on garments and/or infestation of any kind. By agreeing to pay for the order the customer will be required to pay for any remediation fees incurred any deposits and/or payments may not be refunded.
Max Imprint Sizes:
We use the product spec sheet to scale art on the garments selected and will note on the mock-up what shirt size is being used for scale. For designs that have adult and youth garments, we would have to make the design as large as possible for the smallest garment. For example, if a youth large shirt can only go up to 11 inches, we would need to ensure the design does not surpass that on the adult garments as well. We can also do different scaled designs for youth and adult garments, but price breaks will not apply if the same art is used at different scales as this requires additional screens, set up, and tear down. We don’t charge set up fees (screen fees) but in this scenario we would have to honor the quantity pricing for each of the scaled designs.
Direct to Garment:
We have a list of recommended garments for DTG that we stand by for best imprint quality. All customer provided or alternative styles/brands used Vivus Supply Co. is not responsible for any quality or imprint details not achieved, this would include dull imprints, non-consistent ink coverage etc.
Garment Disclaimer:
Vivus Supply Co. is not responsible for any manufacturer defects such as imperfections in dying, holes, mislabeled garments, loose stitching, etc. We do our very best to inspect garments as we stage and print them but cannot guarantee each garment as we are not the manufacturer of these goods. We encourage ordering 3-5% extra of each size if an exact count is needed.
We may provide recommendations on types of ink to use to achieve the desired look. Discharge ink for example, can provide a vintage look with a very soft hand. This type of ink is best used on garments with either 100% cotton or very high cotton content. We will do our best to achieve consistency but cannot guarantee exact color consistency as some manufacturers re-dye garments. Garments with a high polyester content will need a polyblock base added to prevent dye migration in the garment. We will do our best to avoid these issues and make you aware of the best printing techniques prior to printing. See below for more details.
Dye Migration:
Dye migration is an issue that arises with any synthetic fabric. This includes but is not limited to Polyester and Rayon. When garments are heated up to a certain temperature required to set screen printing inks the dyes in the fabric will turn into a gas and bleed/merge with the ink that was recently imprinted. This will create dull non-vibrant and sometimes color shifts in the ink. Our way to remedy this issue is to use a specific polyester dye blocking ink that has properties in it to trap and capture those molecules before it can affect the imprint. Any garment that is 50% or more polyester Vivus Supply Co. will automatically use this process unless otherwise specified not to. We will follow these processes but are not held responsible for any dye migration issues of any kind. Since this is unique to various manufacturers we do our best to eliminate these issues but sometimes certain mills and fabrics may still have slight dye migration. This can appear in imprints up to 2 weeks after a garment has been printed.
Spoilage and Damages:
Due to the nature of this business, as much as we strive to have the best technology to prevent any issues with printing, there is a human element involved. If you need exact sizes for your order, please let us know! We will advise that you add 1-2 garments per size just in case of misprints or garment issues from the manufacturer (holes, rips, etc). We follow the industry standard that Vivus Supply Co. is not responsible for under-runs or spoilage up to 3% on jobs of 100 shirts per design and up to 10% on jobs of less than 100 pieces. We will happily reprint your job at no cost (minimum of 10 shirts needed to reprint). We certainly will take off any misprints from your invoice. We will always do our very best to get you what you ordered. We will refund you the cost of any items shorted from your order but cannot reprint for less than 10% of the order (or 10 shirts minimum).
Vivus Supply Co. will not, at any time, be responsible for any lost profits on items shorted from your order. For example, if the cost of the shirt and imprint was $8.50, but you’re planning to sell the garment for $30, Vivus Supply Co. is only responsible for the $8.50 you would have paid us for the shirt.
Stock Issues:
Vivus Supply Co. is not responsible for items that are out of stock. We have partnerships with many vendors to ensure we can pool our resources to prevent out of stock issues from affecting our customers. We will try to check items we know have the potential for stock issues (we see you black polos and black flatbills), all garments will be ordered after payment is received/art approved and we cannot guarantee they’ll be available. If items are out of stock, we’ll provide you with a list of possible alternatives with any updates to pricing to get approved by you before we order.
Specific Measurements:
While Vivus Supply Co. has state of the art equipment to ensure consistency with imprint placements, each garment must be hand loaded to the pallet. There may be variance of .5 inches on any imprint and these are not considered misprints and Vivus Supply Co. will not reprint or refund these garments.
Changes to Order after Payment or Approval:
Any change made to your order that is not due to a stock issue with the supplier will be subject to a change fee of $75 in addition to any additional costs to make the changes. Further, any changes to your order will cause delays to production even if you have paid a rush fee and/or given us a firm in hand date. We highly encourage that the order is not placed until it is exactly what is needed on your end. If more shirts are needed after an order is completed, the order will be subject to project minimums and any pertinent set up charges. We wish we could just push a button and produce more garments, but because of the set up and coordination involved, we cannot just print a few shirts needed after the initial run. We’re always happy to do a reprint with a minimum of 12! Once the process begins for production after approval, there are many people involved in aspects of pre-production (ink mixing, purchasing garments, creating separations, determining screen mesh, burning screens, staging the garments). Changes can become costly and time consuming. We will pass along any restocking fees associated with changing garments after they’re purchased.
Cancellations:
Cancellations after an order has been placed may be subject to a minimum of a 15% restocking fee plus any additional fees required to cover services already rendered (art, design, etc). No cancellations can be accepted once production is done to any part of the garment (tag removal, printed tags, hem tagging, etc.).
Holidays:
We are closed for the following holidays so we can enjoy time with friends and family. These days are not considered operational business days and do not count towards turnaround time:
Memorial Day
Independence Day
Labor Day
Thanksgiving Day and the day after
Christmas Eve observed through New Year’s Day observed
Pricing:
We reserve the right to change pricing without notice due to increased costs associated with cost of goods. Pricing is transparent and adjustments will not be made after mockups/garments are purchased and payment is received pre-production.
Late Payment Fees:
Customers set up on terms will be subject to a late payment fee of 2.5% which will be charged monthly until the owing balance is paid in full.
Quality Assurance and Satisfaction:
We are not responsible for the selections chosen and approved by the Customer (garment type, color, ink colors, etc). We are gladly able to provide feedback to ensure you select the garment that best matches your needs, but we highly encourage you to do your research on garment choice. We are happy to order samples at per piece cost if you’d like to examine the blank garments before deciding on a garment. Customer is responsible to ensure that the color and SKU is correct on the mockup as that is what will be ordered for the project. Blank samples will not credit to the cost of your order. Again, if exact numbers are needed for a project, we highly recommend ordering 3-5% more of each size in case of garment issues and/or misprints.
We try to check every garment coming off the press but unfortunately there are times where some mistakes or misprints will make it to you. We ask that you examine your garments within 72 hours of receipt to ensure that everything is good to go. We allow an industry standard 72-hour window from the time of receipt of goods to notify us of any issues with the order. We are not responsible for any lost income or customers if a defective garment is sent out to your final customer. Please submit any claims to us within 72 hours of the date of delivery and we will accept responsibility for issues outside our printing variance. We do not offer refunds but will reprint any production errors that exceed the spoilage rate. We may request the misprinted shirts be submitted back to our shop (we will cover shipping costs).
We will adjust the invoice with any updates after production. If extra garments were ordered in case of misprints, those may be added to your invoice. We will ensure the items delivered are on the invoice for transparency’s sake. If you do not request exact numbers or ask for extras to be ordered, if there are misprints, it will be noted on the final invoice (and refunds provided for per piece costs as applicable).
Trademarks:
In the event that We are to screen print, DTG, heat press, or embroider at the request of a Customer a likeness of a person, product, logotype or any other device provided to us by the Customer, Customer hereby represents that said likeness is being produced with the knowledge and consent of the individual or entity having the rights thereto. Upon our request, Customer shall provide the company with evidence of authority to produce such likeness. Customer agrees to hold us free and harmless from all liability and indemnify us for any loss, damage, or injury which we may suffer as a result of producing said likeness. The obligation of the Customer shall extend to payment for all legal fees and other out-of-pocket costs incurred by us as a result of the reproduction of the likeness requested by the Customer.
Warranty Disclaimer:
EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third Party Products are not covered by any warranties provided herein. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Limitation of Liability:
IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS
ESSENTIAL PURPOSE. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS SOLD HEREUNDER.
Force Majeure:
Seller shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, pandemic, epidemic or restrictive quarantine, revolution, insurrection, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Relationship of the Parties:
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Governing Law:
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Indiana.