Legal
Terms of Service
Last updated: July 2024 · Effective immediately
These Terms of Service govern your use of the Fenalt platform and manufacturing services. Please read them carefully. By engaging our services, you agree to these terms in full.
Plain language note: We've written these terms to be as clear and fair as possible. If you have any questions about anything in this document, please reach out before engaging our services and we'll explain in plain terms.
1. Acceptance of Terms
Agreement
By accessing the Fenalt website, submitting a project intake form, or engaging Fenalt for any manufacturing or sourcing service, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our services.
Eligibility
Our services are intended for businesses and professional brand operators. By engaging Fenalt, you represent that you are operating on behalf of a business entity and have the authority to enter into legally binding agreements.
2. Services Provided
Scope of Services
Fenalt provides supply chain facilitation services, including but not limited to: factory matching and liaison, sample development coordination, production management, in-line and final quality control audits, and international freight coordination. The specific scope of services for your project is defined in your individual project agreement and quote.
Service Modifications
Fenalt reserves the right to modify, suspend, or discontinue any aspect of its services at any time. We will provide reasonable notice of any material changes that affect active projects.
3. Project Agreements & Quotes
Quote Validity
All quotes issued by Fenalt are valid for 14 calendar days from the date of issue unless otherwise stated. Quotes are subject to revision if project specifications change materially after the quote is issued.
Project Confirmation
A project becomes active and binding upon written confirmation from the client and receipt of any agreed deposit payment. Submission of a project intake form does not constitute a binding agreement - it initiates the quotation process only.
Changes to Confirmed Orders
Design or specification changes to a confirmed order may incur additional costs and affect lead times. Any changes must be submitted in writing and are subject to Fenalt approval and revised pricing. Fenalt cannot be held responsible for delays or defects resulting from client-initiated mid-production changes.
4. Payment Terms
Deposit
Projects typically require a deposit of 30–50% of the total project value upon order confirmation, with the balance due prior to shipment. Specific payment schedules are outlined in individual project agreements.
Late Payments
Payments not received by the due date may result in production delays. Fenalt reserves the right to suspend or cancel production for orders with overdue balances, without liability for resulting delays.
Currency
All quotes and invoices are issued in USD unless otherwise agreed in writing. Any currency conversion fees are the responsibility of the client.
5. Intellectual Property
Client Ownership
All designs, tech packs, and brand assets submitted by the client remain the exclusive intellectual property of the client. Fenalt claims no ownership over client-submitted creative works.
Confidentiality
Fenalt will not reproduce, distribute, display, or share client designs beyond what is strictly required to fulfil the agreed project scope. All factory partners are bound by confidentiality agreements before accessing client files.
Fenalt Materials
All content on the Fenalt website - including text, graphics, logos, and processes - is the intellectual property of Fenalt and may not be copied, reproduced, or distributed without prior written consent.
6. Quality Control & Defects
QC Standard
Fenalt performs in-line and final quality control inspections in accordance with ANSI/ASQ Z1.4 AQL standards. Our guarantee covers defects that fall outside the agreed AQL tolerance threshold.
Defect Resolution
If delivered units contain defects exceeding the agreed AQL tolerance, Fenalt will coordinate replacement production at no additional cost to the client. The client must notify Fenalt of any defects within 14 days of delivery with photographic evidence.
Limitations
Fenalt is not liable for defects arising from client-provided materials, client-approved samples, or design specifications that were approved prior to production. Subjective aesthetic preferences that were not documented in the original tech pack are not covered by our defect policy.
7. Shipping & Delivery
Lead Times
All lead times quoted by Fenalt are estimates based on current factory capacity and standard logistics timelines. Fenalt shall not be liable for delays caused by force majeure events, customs clearance complications, carrier delays, or circumstances outside our reasonable control.
Risk of Loss
Risk of loss or damage transfers to the client at the point defined by the agreed incoterm (DDP or FOB) in the project agreement. Fenalt recommends that clients arrange cargo insurance for all shipments.
8. Limitation of Liability
Liability Cap
To the maximum extent permitted by applicable law, Fenalt's total liability to any client for any claim arising from our services shall not exceed the total amount paid by that client for the specific project giving rise to the claim.
Consequential Damages
Fenalt shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost revenue, brand damage, or business interruption, even if Fenalt has been advised of the possibility of such damages.
9. Governing Law
Jurisdiction
These Terms of Service shall be governed by and construed in accordance with applicable commercial law. Any disputes arising from the use of our services shall first be subject to good-faith negotiation, and thereafter to binding arbitration if unresolved.
10. Changes to These Terms
Updates
Fenalt reserves the right to update these Terms of Service at any time. Material changes will be communicated to active clients via email. Continued use of our services following notification of changes constitutes acceptance of the revised terms.
Questions about these Terms?
If anything in these terms is unclear, reach out before starting a project. We're committed to full transparency.
legal@fenalt.com