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Custom fabric terms & conditions

Custom Fabric & Textile Trade Link Terms & Conditions

 

These Terms & Conditions govern all custom fabric, sourcing, manufacturing, textile trade link, coordination, and related services provided by Nerida Hansen and her company Fabric and Design Pty Ltd By placing an order or engaging our services, the customer acknowledges and agrees to the following terms.

1. Textile Trade Link Services

Nerida Hansen operates as a textile trade link and sourcing coordination service, connecting customers with independent manufacturers, mills, printers, dye houses, artisans, wholesalers, freight providers, and production partners within Australia and internationally.

Our role is to assist customers in accessing suitable textile products, sourcing solutions, manufacturing options, and production services through our supplier relationships and industry network.

While Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd may assist with communication, sourcing, quoting, coordination, approvals, logistics, and production management, all manufacturing, printing, dyeing, weaving, finishing, freight, and related services are ultimately carried out by independent third-party suppliers.

By placing an order or engaging our services, the customer acknowledges and agrees that:

 

  • Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd acts as a facilitator and coordination link between the customer and independent suppliers;

  • Suppliers operate independently and are not owned or controlled by Nerida Hansen or her company Fabric and Design Pty Ltd;

  • Production timelines, freight services, and manufacturing outcomes may vary;

  • Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd does not guarantee supplier performance, uninterrupted supply, commercial outcomes, or manufacturing timelines; and

  • Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd shall not be held responsible for losses, damages, delays, defects, supplier failures, freight issues, customs delays, or consequential losses arising from third-party services or manufacturing processes.


To the maximum extent permitted by law, liability is limited to the amount of commission that Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd collects for the specific coordination or sourcing service provided (typically 5% of Total Cost).

2. No Guarantee of Commercial Outcome

While every effort is made to assist customers in achieving desired outcomes, Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd does not guarantee commercial success, resale performance, colour accuracy across all devices or production runs, exact Pantone matching, suitability for a specific purpose, continuity of fabric availability, future stock availability, exact repeat placement, shrinkage percentages, manufacturing tolerances, or compatibility with end-use applications.

Customers are responsible for conducting their own testing before commercial use.

3. Production Variations

The customer acknowledges that textile and manufacturing processes naturally involve variations including but not limited to colour shifts, scale differences, print placement, fabric texture, handle, shrinkage, dye lot inconsistencies, weave irregularities, slubs, registration movement, embroidery positioning, washing effects, or finishing differences.

Such variations are considered inherent characteristics of textile production and do not constitute faults.

4. Customer Responsibility

Customers are solely responsible for confirming artwork suitability, checking measurements, reviewing strike-offs, samples, mockups, or approvals, testing fabrics for intended use, ensuring compliance with local laws and product standards, verifying colour approvals, and confirming production specifications prior to manufacture.

Approval of artwork, strike-offs, samples, or production files constitutes full acceptance by the customer.

5. Limitation of Liability

To the maximum extent permitted by law Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd shall not be liable for any direct, indirect, incidental, consequential, special, commercial, or financial loss arising from delays, manufacturing issues, supplier insolvency, freight delays, customs issues, colour variations, production errors, defective goods, lost profits, business interruption, missed deadlines, or third-party failures.

Liability is strictly limited to the amount paid directly to Nerida Hansen for the specific service giving rise to the claim.

6. Freight & Shipping

Shipping and freight timelines are estimates only. Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd is not responsible for freight delays, customs inspections, lost parcels, damaged shipments, import duties, taxes, port congestion, courier failures, or force majeure events.

Risk transfers to the customer once goods are dispatched from the supplier or freight provider.

7. Force Majeure

Nerida Hansen or any employee of Nerida or her company Fabric and Design Pty Ltd shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, government restrictions, strikes, factory shutdowns, material shortages, power outages, freight disruption, war, civil unrest, or supplier failures.

8. Deposits & Payments

Deposits or Full payments for customized fabric orders are non-refundable once production, sourcing, sampling, ordering, dyeing, printing, or manufacturing has commenced.

The customer acknowledges that custom orders are made specifically to order and may involve irreversible commitments with third-party suppliers.

Final balances must be paid prior to shipment unless otherwise agreed in writing.

9. Intellectual Property

The customer warrants that they own or have permission to use all artwork, designs, logos, trademarks, and creative materials supplied for production.

The customer indemnifies Nerida Hansen or her company Fabric and Design Pty Ltd against any claims arising from copyright, trademark, licensing, or intellectual property disputes.

10. No Responsibility for End Use

The customer is solely responsible for determining whether products are suitable for their intended use, including childrenswear, upholstery, commercial applications, safety compliance, flammability, wash performance, durability, or product testing requirements.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights the customer may have under the Australian Consumer Law where such rights cannot legally be excluded.

However, to the maximum extent permitted by law, all other warranties, guarantees, conditions, and representations are excluded.

12. Governing Law

These Terms & Conditions are governed by the laws of Victoria, Australia.

Any disputes arising shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

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