Terms of Service
Terms governing the use of PlushMake’s manufacturing, OEM, ODM, sampling, and related project support services.
Agreement Overview
These Terms of Service govern the relationship between PlushMake Manufacturing Co., Ltd. (“PlushMake”, “we”, “us”, or “our”) and any client, buyer, brand, retailer, distributor, importer, or other business party (“Client”, “you”, or “your”) engaging our services.
These terms apply to sample development, OEM / ODM manufacturing, private label production, packaging support, quality control, and related project coordination unless otherwise stated in a signed agreement, quotation, proforma invoice, purchase order, or other written commercial document.
In the event of inconsistency between this page and a signed project agreement or confirmed commercial document, the signed or confirmed project document will prevail.
1. Acceptance & Scope of Services
PlushMake provides business-to-business manufacturing-related services including, without limitation, plush product development, OEM / ODM production, private label support, packaging coordination, sample making, quality control, and project communication.
Service scope for any specific project is determined by the confirmed quotation, sample approval, technical specification, artwork, packaging file, purchase order, proforma invoice, or other written confirmation exchanged between the parties.
Any statement on the website regarding product categories, capability, lead time, certifications, or production range is for general reference only and does not constitute a binding obligation unless confirmed in writing for the relevant project.
2. Quotations, Orders & Commercial Confirmation
Quotations are typically based on information available at the time of pricing, including but not limited to design files, dimensions, materials, trims, packaging, testing requirements, quantity, and destination market.
Unless otherwise stated, quotations are indicative and subject to revision if specifications, quantity, materials, packaging, exchange conditions, testing requirements, or shipping assumptions change.
A project is treated as commercially confirmed only after the relevant quotation, purchase order, deposit arrangement, proforma invoice, or other written approval has been accepted by both parties.
Important: MOQ, pricing, timeline, packaging requirements, and document scope should be treated as project-specific unless explicitly fixed in writing.
3. Samples, Prototypes & Approval
Samples or prototypes may be prepared for evaluation of design, workmanship, materials, dimensions, packaging direction, and production feasibility.
Sample fees, sample lead times, number of revisions, and sample shipping terms are project-dependent and may be subject to separate written confirmation.
Production will generally proceed based on the final approved sample, approved artwork, approved specification sheet, or other written technical confirmation from the Client.
If the Client requests changes after approval, PlushMake reserves the right to revise pricing, timeline, tooling, or sample handling arrangements accordingly.
4. Production, Quality Control & Delivery
Production scheduling begins only after commercial confirmation, technical approval, and any required deposit or document completion.
Lead times are estimates only and may vary depending on raw material availability, complexity, order volume, sampling revision, testing requirements, holiday schedules, and logistics conditions.
PlushMake applies internal quality control procedures and may support third-party inspection or testing where required by the project. Unless otherwise agreed, quality evaluation shall be based on the confirmed sample, approved specification, and applicable inspection standard or customer checklist.
Delivery terms, shipment arrangement, risk transfer, and packing requirements shall follow the applicable trade term, project confirmation, and shipping instruction agreed in writing.
Typical References
MOQ, production lead time, and rush handling can vary by product type, design complexity, seasonal capacity, and packaging scope.
Inspection Logic
AQL, 100% safety screening, sample approval standards, and buyer-specific inspection criteria may all apply depending on the project.
5. Intellectual Property & Confidentiality
All trademarks, logos, artworks, characters, designs, specifications, packaging files, and other proprietary materials supplied by the Client remain the property of the Client or its rightful owner.
The Client represents that it has the legal right to use, manufacture, and instruct PlushMake to produce any design, artwork, or branded content it provides.
PlushMake will not knowingly reproduce Client-specific proprietary designs for unrelated third parties, subject to normal internal manufacturing, supplier communication, and project execution requirements.
Where confidentiality is important, the parties may execute a separate non-disclosure agreement. In the absence of a separate NDA, PlushMake will still use commercially reasonable efforts to limit unnecessary disclosure of Client project information.
Licensed / IP projects: If a project involves licensed characters, co-branded designs, or third-party rights, the Client remains responsible for confirming authorization and usage rights.
6. Payment Terms
Sample fees, production deposits, balance payments, tooling costs, testing fees, freight costs, and other commercial items shall follow the agreed quotation, proforma invoice, or other written commercial confirmation.
Unless otherwise agreed, PlushMake may require full payment for samples before dispatch and may require a deposit before mass production begins.
Balance payment, shipping release, and document release may be conditioned on receipt of the amounts due under the agreed commercial document.
Accepted Methods
- • Wire transfer (T/T)
- • PayPal for selected sample projects
- • Other methods subject to written agreement
Commercial Notes
- • Currency is usually USD unless stated otherwise
- • Quotes may have a stated validity period
- • Bank charges and transaction fees may apply
7. Warranty, Inspection & Claims
PlushMake warrants that products will be manufactured in material conformity with the approved sample or agreed specification, subject to normal manufacturing tolerances and the agreed inspection standard.
The Client is responsible for inspecting products promptly upon receipt. Any visible shortage, shipping damage, or product quality claim should be raised in writing within a reasonable time together with supporting evidence such as photos, quantities, lot information, and defect details.
PlushMake reserves the right to review, verify, and reasonably investigate any claim before determining the appropriate corrective measure, which may include replacement, repair, commercial credit, or other mutually agreed solution.
No warranty extends to misuse, improper storage, end-user abuse, alteration by third parties, or defects caused by Client-supplied design or material instructions.
8. Limitation of Liability
To the maximum extent permitted by applicable law, PlushMake’s liability for any claim arising out of or relating to a project shall not exceed the amount paid by the Client for the specific goods or services giving rise to the claim.
PlushMake shall not be liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profit, loss of market opportunity, reputational harm, or third-party commercial loss.
PlushMake shall not be responsible for delays, failures, or non-conformities caused by Client-provided designs, late approvals, inaccurate files, supplier disruption, force majeure events, or changes requested after confirmation.
9. Governing Law & Dispute Resolution
These Terms of Service shall be governed by the laws applicable in the People’s Republic of China, without regard to conflict of law principles, unless otherwise agreed in writing.
The parties shall first attempt to resolve disputes through good-faith commercial discussion. If resolution is not achieved, the dispute may be submitted to arbitration, court, or other dispute mechanism as specified in the applicable signed agreement or commercial document.
If no separate dispute mechanism is agreed in writing, the competent forum shall be determined in accordance with applicable law.
10. Updates to These Terms
PlushMake may update these Terms of Service from time to time to reflect changes in business practice, legal requirements, or website structure. The latest published version will apply to new website interactions unless a separate written agreement governs the project.
Questions About These Terms?
If you need clarification about order confirmation, sample policy, payment structure, IP handling, or claims procedure, contact us before placing your order.
General legal contact: info@plushmake.com