Terms of Service
These Terms of Service apply to the agreement of the services provided by Dikay Ltd trading as MAES London, a company registered in England with the number 08045312 and its registered office at 2nd Floor, The Archives, Unit 10 High Cross Centre, Fountayne Road, London N15 4BE.
1. The definitions and rules listed below apply to these Terms of Service (“Conditions”).
The person who purchases Services from the Supplier as stated in the Proposal;
The contract between the Supplier and the Client, formed when the Proposal is accepted or, if earlier, from the initial date the Supplier, with the Client’s consent, starts providing the services;
The written proposal, quotation, order confirmation or invoice submitted to the Client by the Supplier but excluding any proposal marked ‘draft’, ‘subject to contract’ or is otherwise indicated not to be a final document;
The services provided by the Supplier as set out in the Proposal together with any other services which the Supplier and Client agree in writing;
The hourly rate charged by the Supplier to fulfil its Services on behalf of a Client;
Dikay Ltd T/A MAES London, a company incorporated and registered in England with company number 08045312;
Value-added tax chargeable under English law for the time being and any similar additional tax.
2. In the event of any conflict or inconsistency between the Proposal and these Conditions, the Proposal shall prevail.
- The Supplier only provides Cut, Make Trim (“CMT”) Services in which the Client provides the fabric, trims and other raw materials needed by the Supplier in order to deliver a finished product. The Supplier does not provide or source any materials.
- CMT Production includes the making of any single style or order where the total units exceed 11 units, are manufactured at the same time and billed on a single invoice.
- CMT Sampling involves the making of any single style or order where the total units fall below the requirements for Production.
- Development includes CMT Services other than Production and may include pattern cutting, toiling, fittings, patterns amendments and Sampling.
- The capacity of the Supplier is subject to availability at the time of booking.
- A Production order must be booked a minimum of 8 weeks prior to the start of Production.
- An order confirmation is sent by the Supplier to the Client to confirm the Production order details and is deemed the Proposal.
- Quotes provided by the Supplier for its Services are estimates only unless otherwise agreed by the Supplier.
- Quoted prices exclude VAT.
- Development quotes are detailed in a critical path and are based on the total estimated hours for the order multiplied by the current Studio Rate (see Pricing).
- Production quotes are per unit and quoted in brackets detailing various ranges of units.
- The Supplier does not provide quotes for Sampling.
- The Studio Rate is £45 per hour + VAT. It is used for the pricing of Development and Sampling.
- Sampling is priced by multiplying the Studio Rate by the total time taken to make a single style or order. This includes such tasks as cutting, stitching and hand finishing. Other administrative tasks are excluded.
- Development prices are calculated using the total estimated time taken to make the style or order plus other associated costs and expenses mutually agreed in advance.
- If the Supplier takes less time than the Development estimate, the balance invoice will be less than quoted.
- If the Supplier will take more time than the Development estimate, the order will be paused and the Client will be consulted in order to mutually decide how to proceed.
- Production prices are confirmed after the Supplier makes a pre-production sample (“PPS”).
- Each PPS is charged with a 100% surcharge atop the Production price.
- Production prices include hangers and biodegradable poly bags. Certain threads and other pre-agreed items may be included depending on the requirements and as detailed in the Proposal. All other expenses including transport of materials and finished garments and trims will be passed onto the Client.
- Flat packing is charged separately upon request.
Charges and Payment
- All deposit invoices must be settled in full prior to work commencing. Production deposits must be settled in full no less than 3 weeks prior to the start of production.
- All other invoices must be cleared in full prior to collection.
- A deposit invoice for 50% of the total order value is raised after an order confirmation or critical path is sent.
- Sampling invoices are due prior to collection.
- If the Client fails to pay, the Supplier will cease any CMT Services in progress and, regardless of any Deposits paid, retains the right to restrict access to garments, patterns and other goods until payment has been made in full.
- If the Client fails to pay within the agreed terms, the Supplier cannot be held accountable for missed deadlines or ex-factory dates and other external costs incurred by the Client.
- If the Client fails to pay within the agreed terms, the Supplier will apply a charge of 4% of the total amount outstanding each calendar week until the payment has been received in full.
- Any changes from the agreed Production order will incur a surcharge of £100 + VAT per change plus the cost of the hours involved to action this change at the current Studio Rate. Examples of change orders include:
- Changing a style 7 business days prior to or during production;
- Shortage of fabric, faulty fabric and recuts due to damaged fabric or misprints;
- Altering or changing aspects of the garment outside of the agreed design/PP sample;
- Late arriving materials that cause a delay to production;
- Repackaging or relabelling of goods;
- Rerolling fabric onto separate rolls.
- These charges should be kept to a minimum or avoided altogether where possible, however, if the Supplier takes the decision to apply them it will be communicated to the Client in advance.
- All information in the Tech Pack supplied is the responsibility of the Client. The Supplier is not liable for any consequences that result from inaccurate or incomplete information or instructions in the Tech Pack.
- It is the responsibility of the Client to check the PPS against the Tech Pack before approving. The Supplier will not be held accountable if the Production order does not match the Tech Pack.
- If the Supplier is commissioned to create a Tech Pack for the Client, it will be priced using the Studio Rate.
- The Supplier will deliver the Tech Pack to the Client as a PDF file. The Client has 7 days to communicate any changes to the Tech Pack or to approve. No communication will be treated as approval.
- After the Tech Pack has been approved by the Client, the Supplier will no longer update any information within unless otherwise agreed.
- The Supplier reserves the right to charge an additional fee for any subsequent changes to the Tech Pack.
- It is the responsibility of the Client to provide full technical specifications for the garment, Production or order. This includes sketches, fabric swatches, details of trims, a size chart, details for labelling and packaging as well as any special instructions such as inspection requirements. The initial samples should also be provided where applicable.
- If the full information is unavailable, the Supplier will interpret the requirements to the best of its ability without recourse. The Supplier will not be held accountable for incorrect interpretation.
- The Supplier reserves the right to use any stitch type or finish deemed suitable for the garment if this is not specified in writing or detailed within the Tech Pack.
- Any amends and changes to the specifications in the Tech Pack are the responsibility of the Client unless agreed otherwise.
Delays of Materials
- The Supplier will not start its Services until all required materials, including fabric, patterns, samples and trims, are received irrespective of the agreed delivery dates.
- The Supplier reserves the right to cease its Services if there are not enough components to complete the order. This includes insufficient fabric on rolls, incorrect number of buttons and trims.
- If materials for Production are delayed, the Supplier reserves the right to split the order.
- Production capacity will be held for a maximum of 48 hours until the remaining materials arrive. After 48 hours the Production order will either be cancelled or rescheduled. A Change Order fee will be applied.
- It is the responsibility of the Client to arrange the collection of all materials leftover after the order is complete. Any materials left uncollected will be held for a maximum of one month.
- The Supplier will not accept responsibility for materials left uncollected after this period.
Fabric and Trims
- Unless otherwise agreed in writing by the Supplier, it is the responsibility of the Client to provide all fabric and trims.
- All such items must be delivered to the Supplier by the agreed date. Late receipt of these items will cause a delay in the delivery of the finished order.
- The Client is responsible for ensuring that all required components are provided and for the monitoring of fabric and trims.
- The Supplier will accept no responsibility for fabric and trims provided by the Clients, nor will it undertake inspections of the fabric and trims. All inspections and approvals of goods must be conducted by the Client prior to delivery to the Supplier.
- Fabric inspection is the responsibility of the Client. Prior to cutting, the Client must check both sides of the fabric supplied for any flaws, marks or other quality issues.
- The Client must confirm the labels to use and label placement. All labelling information should be detailed on the Tech Pack.
- An additional cost, charged at the Studio Rate, will be applied to rectify issues that result from incorrect information supplied by the Client e.g. if a unit price is agreed per garment and the back neck labels are not submitted at the time of Production, then the Supplier will charge for the time taken to attach the labels at the Studio Rate.
- Where components of a garment are produced externally, such as printing and embroidery, it is the responsibility of the Client to send these components to the external supplier.
Unless otherwise agreed, the Supplier will not source trims and reserves the right to charge a fee if the sourcing of trims is undertaken.
- The Supplier will carry out a quality check on all Production orders. If the Client requires specific checks to be carried out, these checks must be discussed and included within the order confirmation, purchase order or detailed in the Tech Pack.
- A visit to the premises of the Supplier during a short run Production order by the Client or appointed representative is recommended.
- A quality check of garments by the Client or appointed representative prior to payment and collection is recommended.
The Supplier accepts no responsibility for quality issues that arise after the garments have left the premises, regardless of payment.
- Grading is undertaken by a third party. The Supplier accepts no responsibility for the services provided by third parties or for delays incurred.
- Testing whether a grade is correct with a sample set or a few sizes and a model-fitting is recommended.
- It is the responsibility of the Client to check and approve all sizes and grade rules prior to the start of Production. The Supplier accepts no responsibility for defective garments and other issues caused by incorrect grading.
- Cancelling a Production order or style is subject to a minimum charge of 30% of the total for order or style.
- At the discretion of the Supplier, the cancellation charge may increase if the Services are in progress and if tasks such as fabric cutting are underway.
Collection and Delivery
- The preferred third-party logistics provider is DHL Express. This is used for all international and domestic shipping by the Supplier.
- The Client is liable for all carriage, packaging and insurance costs atop those specified in the Proposal.
- The Supplier will not insure goods in transit.
- The Supplier is not liable for extenuating circumstances that occur after the garments have been collected by the logistics provider. This includes, but is not restricted to, fire, robbery or flooding.
- All garments must be collected no later than 5 business days after they are ready for dispatch.
- All outstanding invoices must be settled before a collection is undertaken. The funds must be cleared in order for the garments to be released.
- The Terms of Service shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
- You and any subsidiary or associated person, firm or corporate body are bound to these Terms of Service upon acceptance of a Proposal or from the initial date of the supply of services.
- No variations to the Terms of Service are valid unless agreed in writing by the Supplier.
- If you have any questions regarding these Terms of Service, please contact: firstname.lastname@example.org and kindly include the relevant quote or invoice.