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Terms and Conditions

  1. Team Orders
    In an effort to process sublimated team orders efficiently, you must complete the Rude Brand Order Form that is provided by Rude Brand LLC..  To prevent any confusion by our art/sublimation department, we only work from the Rude Brand Order Form .  Please contact customer service for a copy of this form.
    **There will be no changes to an order once we have received the Rude Brand Order Form .**
    **Regarding team orders, Rude Brand LLC will not revise or update any name/number lists after an order has been processed.  **
  2. Turnaround Time
     Turnaround time is 5 weeks and is predicated by our seasonal production schedule.  Please contact your sales rep to inquire about the current turnaround time.
  3. Ownership of Designs
    Except for the Buyer Materials (as defined below), the Seller shall own all worldwide right, title and interest in and to the designs, patterns, logos, artwork, proofs, and vector files for the Products (collectively, “Designs”), including all worldwide intellectual property rights to the same, including without limitation, all United States and worldwide patents, patent applications, copyrights, trademarks, service marks, trade secrets, rights of publicity and other proprietary rights.  No Products or Designs shall be considered in any respect a “work made for hire” under the U.S. Copyright Act.
    **All artwork is the sole intellectual property of Rude Brand LLC**  ALL RIGHTS RESERVED.
  4. Minimum Orders
    Initial order the minimum order is 18 pieces.  Any subsequent re-orders the minimum re-order is 1 piece.
  5. Art Charges
    -We charge a design fee of $75 which includes one mock up plus 2 revisions.  Good news! We absorb this design fee if you place your order through us!  We have excellent artists who are happy to take all up front requests.  After two revisions, we need to start charging $50/hr for time and effort.
    -Art requests without an actual order, it happens a lot and we absolutely understand!  Again, our artists are awesome, so without an order we must get paid for their time and effort.  The charge of $75 includes one mock up and two revisions.  Again, after two revisions, we need to start charging $50/hr.  When you finally place your order within two weeks, which we know you will, the $75 fee will be waived.
  6. Cancelled orders
    It is hard to believe this could ever happen!  But if we have provided you with any art – yes, you guessed it – we charge $350.  We prefer to ship your order rather than charge for art, so don’t cancel and everyone is happy!
  7. Graphics charges
    Graphics provided by accounts must be in one of the following high resolution formats: .EPS, .AI, or .PDF.
  8. Art Mock ups
    Mock ups will have a 48-72 hour turnaround time.  We reserve the right to take a bit longer if we are building art from scratch.
  9. Revised Mock ups
    Revisions will have a turnaround time of 48-72 hours.
  10. Color Swatches/Re-orders
    Our art/sublimation department is pressing color swatches on re-orders and we try to color match as close as we can.  If you have Pantone Numbers for your team that works the best, this way we can match the output.
  11. Prices
    Prices are F.O.B San Jose, California.  Prices are subject to change without notice.  A finance charge of 1.5% per month will be assessed on past due balances.  Please confirm pricing with our customer care specialists.  Orders are subject to Rude Brand LLC acceptance.  $1.25 upcharge for 2XL products and an additional $1.25 incremental charge for each size increase.
  12. Terms
    50% is due as deposit and the remaining 50% is due before the product ships.
  13. Care Labels
    We supply garment care labels in all of our products. Please follow these care instructions for maximum usage. Our Rude Brand LLC logo goes on all our garments, no exceptions.
  14. Return Policy
    Because of the custom nature of this industry there is a no return policy.
  15. Limited Warranty
     The Seller warrants that the Products shall be free from defects in material and workmanship regarding design and numbering.  The Seller’s sole obligation under the warranty shall be to replace any defective Products provided that (a) Buyer delivers written notice of defectiveness hereunder to Seller within 10 days after the date of shipment of the Products to the Buyer, (b) Buyer returns the Products to the Seller’s facility, and (c)  after examination the Products are determined by the Seller to be defective.  The Seller assumes no liability for damages to the Products resulting from use, negligence, abuse, maintenance or alteration.  The Seller also assumes no liability for delays resulting from third party shipping carriers and will not be held responsible for any such delay.
  16. Disclaimer
    EXCEPT FOR THE LIMITED WARRANTY IN SECTION 5, ALL PRODUCTS ARE PROVIDED “AS-IS” AND THE SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS OR TO ANY DELIVERY SCHEDULES, NONE OF WHICH ARE GUARANTEED.
  17. Limitations of Liability & Damages
    IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT OR OTHERWISE, REGARDLESS OF WHETHER THE SELLER HAD NOTICE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.  The Buyer’s sole and exclusive remedy for any claim or damage arising from or otherwise related to this Agreement, whether in contract or in tort, shall be limited to the Seller, in its sole discretion,either replacing any defective Products pursuant to Section 15 above or returning to the Buyer the amount paid to the Seller for the defective Products.
  18. Indemnification
    The Buyer shall indemnify, defend and hold the Seller and its officers, directors, employees and shareholders harmless from and against any and all claims, liabilities, damages, debts, settlements, costs, attorneys’ fees, and expenses of any kind or nature relating to or arising from (a) the use of the Products, (b) claims made by third parties relating to the Products, (c) injuries (including death) to any person or damage to any property however caused arising from or related to the Products, or (d) claims relating to infringement of trademark, copyright or other intellectual property rights arising out of or related to graphics, images and logos provided by the Buyer (collectively, the “Buyer Materials”).
  19. General
    This Agreement shall be governed by the laws of the State of California, without regard to the conflict-of-laws provisions of such state.  The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of California and any United States District Court situated in the State of California for the purpose of construing and enforcing this Agreement.  Failure by a party to require performance by the other party or to claim a breach shall not be construed as a waiver of any right.