Kern & Hyde – Terms and Conditions
Kern & Hyde (“Kern” or “Seller”) works to make each item stand out. All apparel that are produced, are custom manufactured from scratch to meet your specific design needs. By agreeing to this Work Order, the signatory to this agreement (“Buyer”) consents to the following Terms and Conditions and agrees that such Terms and Conditions govern the transaction between Buyer and Kern:
1. Acknowledgments, Authorization and Payment – Buyer has reviewed the Kern Style and Material Guide to confirm the correct options for its order. Buyer acknowledges that artwork shown is not necessarily to scale, because the artwork is displayed for purchase in 2D, while actual apparel is 3D. By indicating acceptance of the Work Order and making payment via Kern Check, ACH, Credit Card (4.3%) or Wire. Buyer authorizes Kern to begin production on the Work Order and start production. Following such a charge, no changes may be made to a custom order. Kern is not responsible for any errors in the final product caused by information provided by Buyer (including company name, sizes, colors, material and finish selections).
2. Returns and Refund Policy – Because Seller’s products are custom-made, Seller does not accept returns, and no refunds are available. Notwithstanding the foregoing, if within 7 days of Buyer’s receipt of custom apparel, Buyer discovers material defects in buttons, attachments, fasteners, stitching, or materials, it may submit an inquiry to Seller for verification; if Seller’s Quality Control team determines in its sole discretion that an item is indeed defective, Seller will offer an equitable resolution of the matter to Buyer in form of refund or replacement - Decision is determined by Kern for most efficient solution.
3. Material and Colors – Seller strives to accurately depict all colors and in its Work Orders; however, colors displayed on Seller’s information provided and in Work Orders are representative. Because there are many variations in computer monitors and browsers, and not all monitors are calibrated equally, color reproduction on the Internet is not precise. Accordingly, Kern does not guarantee that what you see online will match the color of the actual product delivered. Even finished products can have minimal color variations within a production run, or in subsequent manufacture. Buyer acknowledges that actual colors may vary from colors shown on your display monitor, and even within an order or in supplemental orders. There are no returns due to color variances.
4. Design Policy – Seller reserves the right to refuse Buyer artwork, logo(s), and/or design requests for any reason, including but not limited to material Seller deems unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property. Seller is currently not accepting any requests for special, cause-related gear as the seller evaluates that part of our business.
5. Representations and Warranties – Buyer represents and warrants that it has the necessary rights and permissions to use and exploit any submitted artwork, logo, design, words or any combination thereof submitted to Seller to be printed on or applied to apparel or any other product supplied by Seller, and that such use and exploitation does not and will not violate the intellectual property rights (including, but not limited to, trademark, copyright, trade dress, patent, or design patent rights) of any other entity or person.
6. Indemnification – Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all claims, damages, costs and expenses (including, but not limited to, attorney’s fees, expenses and court costs), arising from or relating to (i) Buyer’s use of Seller’s products and services, (ii) breach by Buyer of these Terms and Conditions, and (iii) Buyer’s violation of any rights of any third party. Seller has the right to select defense counsel and to direct the defense or settlement of any such claim or suit.
7. DISCLAIMER OF WARRANTIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE PRODUCTS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
8. LIMITATION OF REMEDIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, WILL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
9. Governing Law and Jurisdiction – These Terms and Conditions and transaction hereunder between Buyer and Seller will be governed and construed in all respects by the laws of the State of California, without regard to principles of conflict of laws. Buyer consents to the exclusive jurisdiction of the courts of Orange County, California, and the United States District Court for the of San Luis Obispo for any dispute, action or proceeding arising out of or related to these Terms and Conditions or the transaction hereunder between Buyer and Seller.
10. Force Majeure – Seller is excused for failure to perform its obligations under this agreement if it is prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure means any event or circumstance, regardless of whether it was foreseeable, that was not caused by Seller and prevents Seller from complying with any of its obligations under this agreement. For purposes of example, such event of force majeure includes, but is not limited to, acts of God, fires, floods, hurricane, explosions, riots, wars, acts of terrorism, acts of any governmental authority, strikes and other labor difficulties, and other events or circumstances beyond the reasonable control of Seller.
11. User Content – If Buyer or Buyer Team Representative(s) provides photos and/or testimonials to Seller, Buyer authorizes Seller to use such photos and testimonials in the marketing of Seller’s goods and services. Buyer represents and warrants that any content submitted to Seller is original to it, that Buyer owns all applicable legal rights in such content, and that the content does not infringe upon the rights of any other person or entity, including individuals depicted within the content. Buyer certifies, represents and warrants that any individual depicted in any content submitted to Seller has given permission to use his or her likeness in the marketing of Seller’s goods and services or Buyer has the authority to attest to this release on his or her behalf.
12. Payment - Buyer agrees to pay 50% of order cost to agreed upon due date to start production - in the event shipping is delayed customer will be notified at least 7 days prior to expected date of delivery. Full or remaining payment is due prior to package shipping with verified tracking numbers to seller Kern - Buyer has 3 business days to send payment or a 1% fee will be accrue every month, starting with month 1. In the event a package does not arrive - Seller, Kern, will be responsible for order NOT Buyer. Buyer has 7 days to review and submit any claims against apparel to Kern for replacement or refund - whatever is determined for the most effective solution by Kern.
13. Additional Fees - Buyer is NOT responsible for any additional fees, taxes or any extra associated costs unless otherwise stated inn ending purchase order.