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1. Guaranteed Ship Date: Ship dates are set when the order is placed. If the garment is not shipped on time due to negligence by SewFits, the client will receive a 10% discount on the labor charges for the garment, or a free upgrade to expedited (2-3 day) shipping. Sewfits will make the choice of discount or expedited shipping. Upon request by Sewfits, the client may waive this clause. Failure by the client to provide requested design decisions, measurements, or required payments, does not constitute negligence on the part of Sewfits.
2. Price, Fabric & Supplies: Prices are quoted for labor only. Once an order is placed, the price is set ; if the order is delayed for more than one year, the price may be increased by 10-20%, depending on conditions. Repeat orders are subject to price increases. Client may choose to supply fabric, notions and supplies, subject to acceptance by Sewfits. Items provided by Sewfits will be billed as noted on the work order (also called Design Description and Price Quote). An additional fee will be charged for hard-to-find items and fabric.
3. Measurements: Accurate measurements are essential for satisfactory fit. The measurements sent by the client at the time of the order will be used to construct the garment. While care is taken to verify consistency of measurements, Sewfits assumes no liability for inaccurate or incorrect measurements provided by the client. Alterations required as the result of client measurement errors will be billed at standard rates.
4. Special Event Orders: Unless waived, all special event orders (including, but not limited to weddings, proms, Mardi Gras, Christmas, Halloween, etc.) must be ordered in such time as to permit Sewfits to ship the garment at least 30 days prior to the event. Waiver of this condition is solely at the discretion of Sewfits, and invalidates the ship date guarantee.
5. Payment: Payment may be made by check, money order, or major credit card in U.S. dollars. Terms are 50% deposit with balance due prior to shipment. Deposits are nonrefundable. Orders with balance outstanding at ship time will be shipped C.O.D. including C.O.D. charges. An order is placed on the books and scheduled when payment or credit card information is received. NSF checks may be charged $35 fee plus the face amount of the check, payable by Money Order, bank check, or credit card. Final payment by check is due within 7 business days of scheduled ship date. Failure to make final payment within 10 business days of notification of order completion may result in order being shipped COD, including COD fees.
6. Undelivered Garments: All garments and materials are the property of Sewfits until the client's account is paid in full. Orders may be canceled prior to start of work with approval of Sewfits. Fabric and supplies, if supplied by the client, may be returned at the client's expense. Deposit is nonrefundable. Finished garments undeliverable over 30 days after completion without prior arrangement become the property of Sewfits and may be disposed of as Sewfits sees fit.
7. Use of Photos: This document constitutes a release and permission for Sewfits to use photographs of the client wearing the ordered garment for advertising and publicity purposes at no charge to Sewfits. This includes pictures of the garment taken by Sewfits, using a model other than the client taken before shipment, or pictures of the client wearing the garment taken after delivery. This does not include photos taken of the garment during fitting for private use only.
8. Waiver of Liability: By signing this agreement, the client, on behalf of his or her heirs, assigns, personal representatives and next of kin, hereby releases and holds harmless Sewfits, Ruth's Custom Sewing™, RK Tailoring and Ruth B. Kaplan with respect to any and all direct, indirect, incidental, special, consequential, or exemplary injury, loss or damage to person or property as a result of this contract. Further, the client agrees to waive and release any and all claims, demands, causes of action, suits and rights, that the client, or anyone on their behalf may have against Sewfits, Ruth's Custom Sewing™, RK Tailoring, and Ruth B. Kaplan in connection with this contract or the garment specified in the Design Description.