Terms of Sale

1. Acceptance

By placing an order with Merch.Ink, whether online, by phone, by email, or in person, you agree to these Terms of Sale. This includes any request for quotes, design work, samples, or production.

A few things to note:

• Our terms govern the transaction. If you send us a purchase order with different terms, those don’t override ours unless we explicitly agree in writing.
• We reserve the right to accept or decline any order at our discretion.

These Terms supersede all prior communications, quotes, or proposals between you and Merch.Ink.

2. Quantities

Custom-decorated products involve physical processes where slight quantity variances are normal. We reserve the right to ship up to 5% more or fewer units than ordered. If you need an exact count, we recommend ordering 5% extra to account for this.

Under-shipments will be reflected with a proportional reduction on your invoice.  Our average spoilage rate is less than 1%.

3. Pricing

Prices are based on your approved order details. A few things to keep in mind:

• Prices are quoted at our facility (FOB Origin). Shipping, handling, and any special packaging are additional.
• Taxes and duties are not included in our quoted prices. You’re responsible for any applicable taxes.
• Quoted prices are held once you accept and we begin production. Before that, prices may change without notice.
• If tax or regulatory requirements change after your order is placed, we reserve the right to adjust your invoice accordingly.

4. Delivery & Lead Times

Standard lead times run approximately 10 business days from art approval and confirmed receipt of all materials. Lead times can vary depending on production demand and material availability. Due to variations in order complexity, some jobs move quicker than others, we will always communicate time estimates with you so there are no surprises.  

Rush orders are available if you're on a short timeline.  A rush surcharge applies if your deadline is:

• Less than 10 days (when artwork is provided and materials are in stock), or
• Less than 15 days (when artwork still needs to be created and materials are in stock).

We’ll always quote rush fees upfront before accepting an accelerated timeline.

5. Material Shortages & Back-Orders

We work with major distributors and maintain solid vendor relationships, but shortages happen. If materials for your order aren’t available, we’ll contact you promptly and offer alternatives:

• A substitute product of comparable quality and value, or
• An adjusted delivery timeline with the original item.

Your invoice will reflect any price differences from substitutions.

6. Order Changes

Need to make a change? Put it in writing as soon as possible. If we haven’t started production, changes are generally straightforward.

If production has already begun, changes may result in:

• Additional charges for work already completed
• Charges for any materials that need to be replaced or re-ordered
• An updated delivery timeline

We’ll always give you a clear cost and timeline update before proceeding with any change.

7. Cancellations & Returns

Custom-decorated products are produced specifically for you. Because of this:

• Completed custom orders are non-returnable and non-refundable.
• If you cancel an in-progress order, you’re responsible for all work completed to date, including design, screens/setups, materials sourced, and any finished goods.
• Items in progress at the time of cancellation may be returned to our vendors, subject to any return shipping and vendor restocking fees, which will be passed through to you.

If you believe your order has a quality issue, see Section 9 (Warranty) for how we handle it.

8. Samples

We offer samples for sizing, approval, or pre-production review. Here’s how samples work:

• Sample costs are billed to you (either in advance or per your payment terms).
• If you request samples but choose not to keep them, you’re responsible for return shipping and any restocking fees.
• Sample products marked “for approval” or “on consignment” are confidential and experimental. Please treat them accordingly.

9. Warranty

We stand behind our decoration work. Here’s what our warranty covers:

• We warrant that all printing, embroidery, and decoration will conform to the agreed specifications.
• Warranty period is 90 days from delivery.
• If something doesn’t meet spec, let us know in writing within 5 days of receiving your order. We’ll inspect and, if confirmed defective, repair or replace at our option.

What the warranty does NOT cover:

• Garment construction, fabric quality, or material defects (we’ll make our best recommendation on blanks, but their quality is the manufacturer’s responsibility).
• Items supplied by you for decoration.
• Damage from misuse, improper storage, tampering, or normal wear.
• Damage in transit or during installation by you or a third party. Shipping insurance is available on request.

10. Design Files & Intellectual Property

Files and artwork we create for your order remain the property of Merch.Ink unless other arrangements have been made to purchase or license them separately.

• Setup fees (screens, digitizing, design time) cover labor; not ownership transfer. You’re paying for the work, not the files.
• Need your files for other purposes? Ask us. We can license or sell source files, digitized logos, vectors, and more. We’ll quote it on a project basis.
• We comply strictly with copyright law. If your order involves trademarked or copyrighted content, we may ask for documentation confirming you have the right to use it.

Trademark indemnification:

• We’ll defend you against any infringement claim arising from our own design decisions.
• You agree to defend and hold Merch.Ink harmless for any infringement claim arising from artwork, files, or content you provided to us.
• Our liability is limited to the value of the products we sold you in the relevant order.

11. Payment

Payment is due at the time of order placement. We accept:

• Cash, company checks, personal checks (no third-party checks)
• Visa, Mastercard, Discover
• Cashier’s check, money order, PayPal, or bank wire transfer

Net payment terms (e.g., Net 30) are not automatic. You’ll need to complete a credit application and receive written approval. Your order won’t ship until payment or approved terms are in place.

Late payment policy:

• Finance charges of 1.5% per month (or the maximum allowed by law) apply to any unpaid balance.
• Balances more than 30 days past due incur a late fee of 10% of the invoice total or $32, whichever is greater.
• An additional 10% service fee applies for every subsequent 30-day period of non-payment.
• Accounts over 60 days past due may be referred to a collection agency or our legal counsel. You’ll be responsible for all collection costs, including attorney fees.

We reserve the right to hold or cancel any order if you have outstanding past-due balances.

12. Force Majeure

We’re not liable for delays or failures caused by events outside our reasonable control — including natural disasters, acts of government, supply chain disruptions, shipping carrier failures, labor disputes, or equipment breakdowns. If a delay occurs, we’ll notify you promptly and extend the delivery date accordingly.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be removed and the remaining terms will continue in full effect.

Questions? Contact us at [email protected]