Overview
These Customer & Order Terms and Conditions ("Order Terms") apply to quotes, orders, invoices, ecommerce purchases, customized merchandise, private branded-store purchases, and related products and services supplied by Operator Goods Co. Additional written terms in a quote, order confirmation, program agreement, or statement of work may supplement these Order Terms. If there is a direct conflict, the more specific written terms accepted for that transaction control.
Quotes, Pricing, Taxes and Availability
Quotes are valid for the period stated in the quote and are subject to product availability, supplier pricing, tariffs, freight, decoration requirements, and other stated assumptions. We may correct clerical, pricing, or description errors. Applicable sales, use, excise, or similar taxes will be collected where required unless valid exemption documentation is provided.
Payment
Unless Operator Goods Co. expressly approves different credit terms in writing, payment in full is required before production or release of an order. Orders may be placed through third-party ecommerce and payment providers. Complete payment-card numbers are intended to be handled by those providers rather than stored by Operator Goods Co.
Custom Orders; Non-Cancellation
Customized, decorated, special-order, made-to-order, or otherwise customer-specific products are non-cancelable once production has begun or materials have been committed for the order. Before production begins, Operator Goods Co. may approve or deny a cancellation request in its discretion and may deduct nonrecoverable costs already incurred. Operator Goods Co. may cancel and refund an order before production for pricing errors, product discontinuation, unavailable inventory, suspected fraud, intellectual-property concerns, or other legitimate business reasons.
Proofs and Customer Approval
Where a proof, mockup, sample, or artwork approval is provided, the customer is responsible for reviewing and approving spelling, logos, artwork, colors, sizing, placement, quantities, product selection, and other specifications before production. Approval authorizes production. Operator Goods Co. is not responsible for errors contained in materials or specifications approved by the customer when the order is produced materially in accordance with the approved proof.
Reasonable Production Variations
Because manufacturing and decoration processes involve tolerances, commercially reasonable variations may occur in color or shade, garment dye lots, product dimensions, print appearance, embroidery stitching, engraving, logo position, alignment, and decoration placement. Such reasonable variations are not defects. This provision does not excuse a material production error by Operator Goods Co. or its production partners.
Customer Artwork, Trademarks and Franchise Marks
The customer retains ownership of customer-supplied artwork, logos, trademarks, and other intellectual property. The customer grants Operator Goods Co. and its manufacturers, distributors, decorators, and fulfillment partners a limited license to reproduce, resize, convert, position, transmit, decorate with, and otherwise use those materials solely as reasonably necessary to quote, proof, produce, fulfill, support, or administer the order.
The customer represents and warrants that it owns or has all rights, permissions, licenses, and approvals necessary for the requested use. A franchisee, operator, dealer, employee, licensee, or affiliate requesting use of a franchisor's or third party's marks further represents and warrants that the requested use complies with applicable franchise agreements, brand standards, licensing requirements, and restrictions.
Operator Goods Co.'s acceptance of artwork or an order is not verification of the customer's rights. We may request evidence of authorization and may refuse, suspend, or cancel work if authorization is unclear or if we reasonably believe the requested use may violate law, supplier requirements, or third-party rights.
Publicity and Portfolio Use
Placing an order does not by itself grant Operator Goods Co. permission to publicly advertise, publish, or use customer or franchisor trademarks in a portfolio, social media, or promotional materials. Operator Goods Co. will seek separate permission where appropriate. Customers may designate projects confidential or "do not publish."
Third-Party Branded Products
Operator Goods Co. sources third-party branded products through commercial manufacturers, distributors, suppliers, decorators, and/or licensees, as applicable. Operator Goods Co. does not claim ownership of third-party brands and is not the manufacturer of third-party products unless expressly identified otherwise. Brand availability, decoration, ecommerce, and customization may be subject to brand-owner and supplier requirements.
Substitutions and Discontinued Products
If an item becomes unavailable or discontinued, Operator Goods Co. may propose a comparable substitute. No substitute will be used for a customer-specific order without customer approval. If an acceptable substitute is not approved, the affected item may be canceled and refunded.
Lead Times and Delivery Dates
Production, shipping, and delivery dates are estimates unless Operator Goods Co. expressly guarantees a date in writing. We are not responsible for delays caused by carriers, manufacturers, distributors, decorators, weather, labor disruptions, supply shortages, governmental action, force majeure, or other circumstances beyond our reasonable control.
Shipping; Risk of Loss
Unless otherwise agreed in writing or required by law, risk of loss passes to the customer when the order is tendered to the shipping carrier. Operator Goods Co. will reasonably assist with valid carrier loss or damage claims. Operator Goods Co. remains responsible for its own material shipping errors, such as directing an order to an address different from the customer-approved shipping information.
Inspection and Claims
Customers must inspect shipments promptly and notify Operator Goods Co. of shortages, visible damage, incorrect items, decoration errors, or other claimed defects within 10 calendar days after delivery. The notice should include the order number, description of the issue, affected quantity, and photographs where reasonably available. Failure to provide timely notice may limit available remedies, except where applicable law requires otherwise.
Operator Goods Co. Production Errors
If Operator Goods Co. or its production partner materially fails to produce an order in accordance with an approved proof or agreed specifications, Operator Goods Co. will work with the customer in good faith to make the issue right. Depending on the circumstances, the remedy may include repair, replacement, reproduction, credit, or refund of the affected goods, at Operator Goods Co.'s reasonable option.
Defective Products and Manufacturer Warranties
Third-party products may be covered by manufacturer or supplier warranties. Where available, Operator Goods Co. will reasonably assist with a return, replacement, warranty claim, or credit for a defective underlying product. Manufacturer warranties remain subject to the manufacturer's terms, exclusions, and procedures. Operator Goods Co. does not provide an independent manufacturer warranty unless expressly stated in writing.
Drop Shipments and Inspection
Products may ship directly from manufacturers, distributors, decorators, or fulfillment providers to the customer. Operator Goods Co. may therefore not physically inspect every item before shipment. This does not eliminate the remedies stated above for material production errors or qualifying defects.
Electronics, Drinkware and Product Instructions
Electronics, batteries, drinkware, and other products may include manufacturer instructions, warnings, care requirements, certifications, or use restrictions. Customers and end users are responsible for following applicable manufacturer instructions and warnings. Operator Goods Co. does not alter manufacturer safety instructions or warranties unless expressly stated.
Returns and Refunds
Customized, decorated, special-order, and customer-specific products are generally non-returnable and non-refundable except for an approved remedy for a qualifying defect, material production error, or as otherwise required by law. Returns of non-custom goods, if any, require prior authorization and may be subject to supplier return policies, restocking charges, and shipping costs.
Indemnification for Customer Materials
To the extent permitted by law, the customer agrees to defend, indemnify, and hold harmless Operator Goods Co., its affiliates, owners, officers, employees, agents, contractors, manufacturers, distributors, decorators, and fulfillment partners from third-party claims, damages, liabilities, losses, costs, and reasonable attorneys' fees arising out of or relating to: (a) customer-supplied artwork or materials; (b) the customer's requested use of a trademark, logo, copyrighted work, or other intellectual property; (c) the customer's lack of authorization; or (d) the customer's violation of franchise, licensing, or brand requirements. Notice, defense and settlement procedures may be set out in the applicable quote, order confirmation or program agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR GOODS CO. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING FROM AN ORDER OR PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR GOODS CO.'S AGGREGATE LIABILITY ARISING OUT OF A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO OPERATOR GOODS CO. FOR THE AFFECTED ORDER. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
Private Branded Stores
Operator Goods Co. may operate private branded stores for sponsoring organizations. Operator Goods Co. owns the underlying store configuration, templates, and platform-related content it creates, while each rights holder retains its own trademarks and customer materials. Product assortment may be selected jointly with the sponsoring organization and is subject to supplier and brand restrictions. Operator Goods Co. may suspend or close a store for security concerns, misuse, intellectual-property concerns, termination of the program, or other legitimate business reasons.
Governing Law; Venue; Class Actions
These Order Terms are governed by Illinois law, without regard to conflict-of-law rules. Unless another written agreement controls, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in or serving DuPage County, Illinois, except where applicable law requires otherwise. To the maximum extent permitted by law, claims will be brought only on an individual basis and not as part of a class, collective, consolidated, or representative action. This waiver applies only to the extent permitted by the law that applies to you.
Force Majeure
Operator Goods Co. is not liable for failure or delay caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, epidemics, governmental action, tariffs, embargoes, transportation interruptions, labor disputes, utility or internet failures, supplier failures, or material shortages.
Entire Agreement; Severability
These Order Terms, together with the applicable quote, order confirmation, invoice, program agreement, and other accepted written terms, form the agreement for the transaction. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.
Contact us
Operator Goods Co., LLC
900 Ogden Ave., #192, Downers Grove, IL 60515
info@operatorgoodsco.com
operatorgoodsco.com