ARTWORK, LOGOS AND INTELLECTUAL PROPERTY

Client represents and warrants that it has rights for duplication and dissemination of all its products and does not infringe on the rights of any third parties.

MANUFACTURING SERVICES

Manufacturing, if any, by Bandwear will be done from graphic design masters provided by Client during the term of this Agreement. Upon the completion of manufacturing of merchandise hereunder, Bandwear will bill Client at such prices discussed and approved in advance by Client prior to manufacture, plus any related artwork and/or shipping charges. At all times during the term of this Agreement, other than when Client is in default of payment, and thereafter, Client maintains ownership of all products manufactured hereunder and guarantees timely payment to Bandwear.

SHIPPING INVENTORY TO BANDWEAR

Client will ship all inventory that Bandwear is to fulfill to:

Client Name
c/o Bandwear.com
2025 Midway Road Suite C
Carrollton, Texas 75006

Upon receipt of product, Bandwear will inspect and count inventory on all products and can relay to Client all inventories received as well as any pertinent information regarding products that arrived damaged. Bandwear will not be responsible for product damaged in transit to its facility, nor after Bandwear delivers outbound shipments to its shipping partners. Bandwear requires Client to furnish legible and detailed packing slips for each box it ships to Bandwear, as well as a shipment manifest for all boxes included in the shipment. Client agrees to pay fees detailed on Schedule A for each box that does not contain an itemized packing slip. To be clear if a box contains an itemized packing slip and a shipment of boxes contains a log of how many boxes are in the shipment and what is contained in each box, there will be no receiving fee charged.

OUTBOUND SHIPMENTS REQUESTED BY CLIENT

From time to time Bandwear understands Client may request removal of certain amounts of bulk inventory to ship to Client or other third parties. Bandwear is happy to assist Client with these shipments, however Bandwear will assess fees detailed on Schedule A for each box shipped for the time spent picking, packing and manual inventory adjustments necessary for the shipment. Additionally, Bandwear requires Client to provide Bandwear with Client’s UPS or FedEx account number to use when making the shipment. Should Client not have a freight account, Bandwear will ship on Bandwear’s account and bill back to Client. Client acknowledges that Bandwear charges a 15% accounting fee on all shipments on Bandwear’s freight account.

Schedule A

Bandwear.com, Inc.
Set Up
99.00 for the first 10 products to be fulfilled and $9.99 for each additional product.

Personalized Item Fees
Bandwear charges $2 per shipment for personalized items and reserves the right to split ship these items as necessary. Personalized items must be received separated and individually labeled with their order number, PledgeMusic ID, etc. Any order where we have to identify the specific customer or order associated with a personalized item will incur an additional $2 fee on top of the standard fulfillment fee for that personalized product type.

Shipping Label/Pickup Fees

Bandwear will assess a $25 fee per request for electronic label creation or scheduled pickups from our UPS or FedEx Account. Client acknowledges that Bandwear charges a fifteen percent (15%) accounting fee on all shipments on Bandwear’s account.

Receiving Fees
If Client’s inbound shipments arrive with a shipping manifest detailing total boxes in the shipment and packing slips for each box in the shipment, Bandwear will not charge receiving fees.
For any box that Bandwear receives on behalf of client that does not have a packing slip notating its contents, Bandwear will charge a fee of ten dollars ($10) per box received.

Product Return, Drop Ship & Expedited Shipping Request Fees
The below fees will be charged for any client request including but not limited to the shipment of leftover inventory, a specific drop shipment or a request to expedite shipment of a specific order. Bandwear requires Client to provide Bandwear with Client’s UPS or FedEx account number to use when making these type shipments. Should Client not have a freight account, Bandwear will ship on Bandwear’s account and invoice for shipping cost reimbursement or bill to the credit card authorized in this agreement. (A receipt documenting amount can be provided.) Client acknowledges that Bandwear charges a fifteen percent (15%) accounting fee on all shipments on Bandwear’s account. Client acknowledges that short notice shipment requests disrupt Bandwear’s staff member’s normal daily duties and requires dedicated team members to stop other projects to focus on outgoing bulk shipment requests. Bandwear charges fees based on turn times requested for these shipments as detailed below:

Notice to Ship Fee Per Box
Standard Notice (Ships the 2nd business day after request)
$10.00 per outgoing box + $0.50 per unit

Rush Notice (Ships within 1 business day after request)
$25.00 per outgoing box + $0.50 per unit

Same Day Notice (Ships on the day of request) $50.00 per outgoing box + $0.50 per unit

Ongoing Fulfillment & Excess Inventory Addendum

Any Client whose fulfillment project or online store requires fulfillment beyond the term stated in Bandwear’s Fulfillment Agreement will automatically become a party to this Ongoing Fulfillment & Excess Inventory Addendum. Warehouseing Excess Inventory is not part of Bandwear’s business model. For ongoing fulfillment clients, we request a maximum of a ninety (90) day supply of inventory for Client’s fulfillment needs. The rates and fees listed in the Fulfillment Agreement and Schedule A will apply to all shipments, however a monthly calculation of excess inventory will be made and an Excess Inventory fee could be applied to Client’s invoice.

No Excess Inventory fee will be charged for the first ninety (90) days Client’s inventory is in Bandwear’s possession. The inventory shipped during the first ninety (90) days will be used to create the par level for each inventory item in the monthly Excess Inventory fee calculation and will adjust each month moving forward based on the preceding ninety (90) day period. Additionally, no Excess Inventory fee will be charged for the first thirty (30) days after a new product is received into Bandwear’s systems. This assures Client has time to sell through new inventory prior to having any potential Excess Inventory fees assessed. Bandwear’s algorithm for Excess Inventory fees identifies the excess inventory Client is holding at Bandwear’s warehouse that most likely will not be able to ship within the next ninety (90) days and deems it Excess Inventory.

Any inventory calculated at more than a ninety (90) day supply is subject to a monthly Excess Inventory fee (vs. fulfillment costs) based on the fees in our Product Types Grid which can be found here.

Excess Inventory fees are charged as “versus” fulfillment fees, whichever is higher. If Client’s fulfillment fees for a given month are higher than the Excess Inventory fee calculation, then there will be no Excess Inventory fee assessed.

If Client’s fulfillment fees for a given month are lower than the Excess Inventory fee calculation, then the Excess Inventory fee will be assessed instead of the fulfillment fee. The fulfillment versus Excess Inventory calculation does not apply to postage, packaging fees, rush fees or receiving fees. Client is never charged both fulfillment and Excess Inventory, only that which is higher. It is advisable that Client manage its inventory such as to not incur Excess Inventory fees.

There is a minimum fifty cent ($0.50) “BIN” charge for each individual inventoried product variant until that product variant is marked as discontinued in Bandwear’s system. It is Client’s responsibility to routinely monitor it’s out of stock product variants and communicate to Bandwear if Client will send inventory to restock or if the product variant is being discontinued. All BIN’s are considered live until Client conveys they are discontinued.

Each Ongoing Online Store Fulfillment customer has access to our Client Portal for viewing current inventory, sales, Excess Inventory costs, postage grids and more. Client can access the Client Portal here.