These Terms & Conditions govern business-to-business quotations, orders, production and supply of custom mugs by MugFactory. Please read them before placing an order. They do not affect rights that cannot be excluded or limited under applicable law.
In these Terms, “MugFactory”, “we”, “us” and “our” mean the MugFactory entity identified on your quotation or proforma invoice. Our business address is No. 3, Wanyi Road, Xishan Office, Liling City, Hunan Province, China. You can contact us at vip@custommugfactory.com or +86-18907337671.
1. Scope and business customers
These Terms apply to business customers, including brands, retailers, distributors, promotional suppliers and corporate buyers. By requesting a quotation, approving a sample or placing an order, you accept these Terms. Any purchase order or supplier form is binding only to the extent we expressly accept it in writing; conflicting terms are not accepted unless agreed in a signed document.
2. Quotations and pricing
Published tier prices are indicative benchmarks for standard products, shown in US dollars and normally quoted FOB Liling unless stated otherwise. They include the scope described in the quotation, such as printing and standard packaging, and exclude freight, duties, taxes, tooling and third-party testing unless expressly included.
A firm quotation is valid for the period stated in it, or for 30 days if no period is stated, and is subject to the specification, quantity and delivery schedule confirmed in the quotation. Prices may change if the specification, artwork, quantity, packaging, delivery method or market requirements change. Obvious pricing errors do not bind us.
3. Orders and acceptance
An order becomes binding when we confirm it in writing (including by proforma invoice) and, where required, receive the agreed deposit. Minimum order quantities apply as stated in the quotation; mixed designs may share a production run only where we confirm the combination in writing. Changes requested after confirmation are subject to feasibility, price adjustment and schedule impact.
4. Samples, artwork and approvals
Samples are produced against the agreed specification and artwork. Production does not begin until you approve the sample in writing. The approved sample and written specification are the reference for the order. Sample fees are credited against the production order where stated in the quotation.
You are responsible for checking the sample for artwork, colours, spelling, dimensions, packaging and market requirements before approval. Two revision rounds are included in the Launch Kit scope where applicable; further changes may be quoted as design or sampling work.
5. Artwork and intellectual property
You confirm that you own or have all rights and permissions needed for any artwork, logo, image, text or other material you supply, and that our production of the goods will not infringe third-party rights. You grant us a limited licence to use that material for sampling, production, quality control and delivery of your order.
We retain ownership of our production know-how, moulds, tooling, process files and dielines unless we expressly agree otherwise in writing. Dielines supplied with a Launch Kit may be reused by you for the relevant product, but may not be resold or redistributed. We may reference the project publicly only with your permission.
6. Production and lead times
Production normally runs 30–45 days after sample approval, unless a different period is stated in the quotation. Lead times are estimates based on the approved specification, artwork, quantity and capacity at the time of confirmation. Peak season, material availability, public holidays, inspections and events beyond our reasonable control may extend them. We will notify you promptly of any material delay.
7. Delivery, risk and title
Delivery terms are stated in the quotation, normally FOB Liling, with EXW or CIF available on request. Risk passes in accordance with the agreed Incoterm. Title passes when we have received full payment, unless otherwise agreed in writing. Delivery dates are estimates and do not constitute a guarantee unless expressly agreed.
8. Inspection and claims
You should inspect the goods promptly after delivery. Claims for visible defects, shortage or incorrect goods must be notified to us within 7 days after delivery, with photographs and packing references. Latent defects should be notified promptly after discovery and before the goods are used, modified or distributed. Returns require our prior written authorisation.
Where a valid claim is accepted, we may repair, replace or credit the affected goods at our option. We may request the return of defective goods. Natural variation in ceramic, glaze, colour and decoration within the approved sample and industry tolerances is not a defect.
9. Warranties and liability
We warrant that the goods will materially conform to the approved sample and written specification at the time of shipment. To the maximum extent permitted by law, this is our only warranty, and all other warranties are excluded. We do not warrant that the goods meet the legal requirements of every destination; that responsibility is addressed in section 10.
To the maximum extent permitted by law, our total liability arising out of or in connection with an order is limited to the amount paid or payable for the affected goods. We are not liable for indirect, incidental, special or consequential loss, including lost profit, lost sales or business interruption. Nothing in these Terms excludes liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot lawfully be excluded.
10. Compliance and product requirements
You are responsible for confirming that the product, decoration, packaging, labelling and claims meet the requirements of your destination market and sales channel. We can supply requested documentation, including food-contact test reports and audit documents, but those documents do not replace your own regulatory review. Certificates and reports are subject to their current validity and scope.
11. Confidentiality
Each party will keep confidential any non-public business, technical or commercial information received from the other and use it only for the order. This does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law.
12. Termination and suspension
We may suspend production or terminate an order if you fail to pay when due, fail to provide approvals or artwork, or if continuing would breach law or infringe third-party rights. You remain liable for work already performed, materials committed and non-cancellable costs. Cancellation of a confirmed order requires our written agreement.
13. Governing law and disputes
These Terms and any non-contractual obligations arising from them are governed by the laws of the People’s Republic of China. The parties will first try to resolve a dispute through good-faith discussion. If it cannot be resolved, the courts at the seller’s place of business in Hunan, China, have jurisdiction, unless mandatory law requires otherwise.
14. Changes and contact
We may update these Terms from time to time. The version published on this page applies to new quotations and orders from its effective date. Questions about these Terms can be sent to vip@custommugfactory.com or +86-18907337671, or by post to No. 3, Wanyi Road, Xishan Office, Liling City, Hunan Province, China.