1. Introduction: These Terms and Conditions (“Terms”, “Agreement”) govern the relationship and obligations between FormuNova LLC (“we”, “us”, “our”) and the Client (“you”, “your”) for the provision of product development and manufacturing services. By placing an order with us, you agree to be bound by these Terms.
2. Deposit and Payment:
2.1 Unless stated otherwise in your proposal, upon placing a contract manufacturing order, you will be required to pay a deposit amounting to 50% of the total custom manufacturing value.
2.2 The remaining balance, as well as the shipping costs (when applicable) and quality testing fees, shall be due and payable when the order is ready for shipment.
2.3 All payments shall be made in US Dollars and shall be made using payment methods approved by us.
2.4 Orders will be shipped once final payment is received.
3. Quality Testing:
3.1 A quality testing fee of $80 applies to each individual custom product within an order.
3.2 The said fee covers our commitment to ensuring that products manufactured undergo stringent testing to meet or exceed industry standards.
4. Shipping:
4.1 Our shipping terms are EXW. You may arrange shipping directly with your preferred carrier. We will provide the necessary weight and dimensions of the final volume post-manufacturing and will receive the shipping labels from you.
4.2 Alternatively, upon request, we can arrange shipping on your behalf, selecting the most cost-efficient carrier. Shipping costs will be billed separately and detailed in the final invoice.
4.3 All shipping risks transfer to you once we deliver the products to the designated carrier.
5. Labeling:
5.1 We provide essential product information and the die-cut template required for label or packaging print design.
5.2 Upon receiving your finalized label design, we undertake the responsibility of managing the printing process (when applicable).
5.3 Label printing costs are already included into the price of Custom Manufacturing (when applicable, unless stated otherwise).
6. Production and Lead Time:
6.1 Prior to placing an order you will have received an estimated lead time for your order. This duration is an estimate and may be subject to changes based on various factors.
6.2 Due to natural fluctuations in production yields, you may receive from 90% to 110% of the ordered units in your final production batch. The final charge will be based on the actual shipped units and the final quoted price.
6.3 We guarantee as part of the specifications of each product that the ingredient list and concentrations will be 100% consistent between the final approved R&D sample and production, up to the limitations of our industry-standard, 3rd-party calibrated and audited scales, however, small variations in scent intensity or consistency may be expected due to the different size of tanks and mixers between the small-scale sample lab equipment and the large-scale production equipment.
7. Limitation of Liability:
7.1 We pledge to manufacture our products in adherence to the best practices of the industry and to provide accurate representations of all ingredients on the product label. We pride ourselves on our dedication to quality and transparency.
7.2 However, while we take responsibility for the quality of our manufacturing and the accuracy of our product labels, we shall not be liable for:
- Any indirect, incidental, or consequential damages that arise from the improper use of our products beyond the recommended or reasonably expected usage.
- Any claims, damages, or liabilities resulting from the marketing, promotion, or representation of these products beyond the information provided on the product label and our official documentation.
7.3 It remains the Client’s responsibility to ensure that products are used appropriately and that any marketing or promotion aligns with the provided information and complies with all relevant regulations.
8. Termination and Cancellation:
8.1 Commitment to Delivery: Once an order has been paid for, we pledge to fulfill and deliver that order. If, due to unforeseen circumstances, we are unable to complete the order, a full refund will be provided.
8.2 Order Commencement: The acceptance of our estimate initiates a chain of events within our manufacturing process, including the allocation of production capacity and the procurement of necessary ingredients. Given this commitment of resources:
- If a Client chooses to cancel an order before the manufacturing process has begun, the initial deposit will be retained by us to cover these commitments and will not be refundable.
- If a Client chooses to cancel an order after the manufacturing process has started or been completed, the entire amount of the estimate will be charged to compensate for the resources, time, and effort already expended. Additional disposal and storage charges may incur.
- Any charges associated with Product Development, Samples, Design Services, Consulting Services or Digital Products are non-refundable and final.
Clients are advised to consider their needs and intentions carefully before making any payments, as our manufacturing process will be promptly initiated to deliver the highest quality product in the most efficient timeframe.
9. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. Any disputes or legal actions arising out of or relating to this Agreement shall be commenced in the appropriate court within Stone Mountain, Georgia, and both parties consent to the exclusive jurisdiction of these courts.
10. Amendments:
We may update or amend these Terms from time to time without prior notice. The version applicable to your order is the version in force on the date of the order.
11. Acknowledgment:
Your placement of an order constitutes acknowledgment and acceptance of these Terms. We are grateful for the opportunity to serve your business and strive for excellence in delivering quality products.
Thank you for considering FormuNova LLC for your product development and manufacturing needs.