Terms & Conditions

In these General Terms and Conditions of sale and the Agreements to which they have been declared applicable, the following terms are accorded the following meanings:

• Agreement(s): the agreement(s) between The Production House (“TPH”) and You, any amendment or supplement thereto, and these General Terms and Conditions.
• The Production House (TPH): a garment manufacturing and export company registered in Pakistan.
• TPH Platform: the proprietary digital tools, including 3D editors and order portals, used to scope, visualize, and manage Products and Services offered by TPH.
• Functional Design: TPH-owned technical garment IP (patterns, grading, construction, CAD/CLO3D/GLB files, UV maps, and manufacturing specs) including features used to create fabrics, garments, or other products, plus underlying software/process IP.
• General Terms and Conditions: these general terms and conditions of sale.
• Order(s): Your written/electronic order (and amendments) for Products and/or Services together with these Terms.
• Product(s) / Service(s): development, patterning, sampling (fit/PPS), trims, wash/process testing, and/or bulk production supplied or performed by TPH, including documentation.
• Quotation: TPH’s written/electronic description of Products and/or Services and pricing to which these Terms apply.
• Website: TPH’s websites and subdomains controlled by TPH.
• You / Your: a company or authorized person acting as a business, registered and purchasing Products/Services from TPH.

• These Terms form an integral part of each Agreement, Quotation, or Order confirmation and apply to present and future transactions between the Parties.
• Your general terms are excluded unless expressly accepted by TPH in writing.
• Deviations are valid only if explicitly accepted in writing by TPH, and then only for that specific Agreement.
• If any provision is (partly) void or unenforceable, the remainder remains in force and Parties will replace it with a clause that mirrors the original intent as closely as possible.
• “In writing” includes electronic communications. TPH’s electronic system is the evidentiary record for content and timing of communications.
• Precedence order: Agreement > these Terms > Quotation.

• Before an Agreement, You must provide complete, accurate information for Quotation, Samples, and Production. You have considered all TPH manufacturing standards and limitations published or shared with You.
• Quotations are without obligation unless stated otherwise. Your Order is a binding commitment. If You accept a non-binding Quotation, TPH may revoke it within ten (10) working days of Your acceptance.
• Pricing/details in a Quotation are stated as accurately as possible and bind TPH only if explicitly confirmed in writing. Obvious mistakes do not bind TPH.
• Quotations are valid for thirty (30) days unless stated otherwise. After expiry, TPH may adjust price/conditions.
• Services are obligations of best efforts unless TPH has expressly committed to a defined result in writing.
• TPH may subcontract or engage third parties where appropriate.
• Nothing restricts TPH from providing similar services to other clients.
• TPH may refuse or remove submissions that include hate, abusive, pornographic, or threatening content at TPH’s sole discretion.

• An Agreement is concluded when: (i) You accept the Quotation and TPH confirms in writing or starts performance; (ii) capacity is available; and (iii) no material error existed in pricing or specifications.
• If the above conditions are not met, TPH may cancel Your Order.
• In absence of a Quotation/Order confirmation, the invoice is deemed to reflect the Agreement.
• Each Agreement is subject to Your creditworthiness.

• If cost drivers (wages, materials, exchange rates, freight, duties, fuel, insurance) increase, TPH may adjust prices accordingly.
• Delays caused by You (missing data/approvals, changes) may extend lead-times and add costs.

• Development & Samples: 100% due at Order placement.
• Bulk Production: 50% deposit to start; 50% balance before shipment or release to forwarder. Alternative terms require TPH’s written approval.
• Prices are exclusive of VAT/sales tax, import duties, and all government charges. You are responsible for taxes and import clearance at destination.
• Payments must reach TPH’s designated bank account in full without set-off, deduction, or withholding. Bank value date is the payment date.
• Late payments accrue interest at 8% per annum (or maximum lawful rate) from due date until cleared. You owe all reasonable collection/legal costs (minimum 15% of overdue amount, min. USD 500) in addition to interest.
• Invoice objections must be raised within fourteen (14) days of the invoice date.
• Partial deliveries may be invoiced separately. Incoming payments are applied first to costs and interest, then to oldest invoices.

• Unless agreed otherwise in writing, delivery is Ex Works (EXW) Pakistan under current Incoterms.
• Risk passes to You when goods are made available for pickup per EXW.
• TPH has delivered when You had the opportunity to take receipt at the agreed place/time.

• You must cooperate with delivery and promptly take delivery.
• If You fail to take delivery, storage, handling, and re-delivery costs are for Your account.
• If delivery is refused/failed, that date counts as the delivery date.

• Lead-times start the first working day after Agreement and receipt of required approvals/materials.
• Stated times are indicative, not strict deadlines. In case of delay, send written notice of default; if TPH still hasn’t delivered within eight (8) weeks thereafter, You may cancel the undelivered portion.
• Force majeure extends timelines. TPH may suspend delivery if Your payments/obligations are outstanding.
• Production tolerance: under/over-delivery up to 10% (<=100 pcs) or 5% (>=101 pcs) counts as full performance; invoicing is adjusted to actual delivered quantities. Second-choice items can be purchased at 50% within six (6) months before recycling.

• Title to Products remains with TPH until all amounts due are paid in full. No right of retention applies against TPH.
• You may resell in the ordinary course but may not pledge or grant security while title is retained by TPH.
• You must store/handle goods with due care, notify TPH of any third party claims, and allow repossession upon default. Costs of repossession are for Your account.
• TPH may require additional security (e.g., bank guarantee).

• The TPH Platform and visualizations are provided “as is”. The translation from digital to physical may result in minor deviations (e.g., color shade, wash, print placement/scale, shrinkage, fabric hand). Such reasonable variations are not grounds for rejection.
• If TPH supplies care labels/instructions, these reflect the time of production only and are not continuously updated. You are responsible for end-customer communications and compliance.
• Warranty does not apply if (a) info provided by You was incomplete or incorrect; (b) misuse/improper maintenance occurs; (c) items are altered without TPH consent; (d) external damage (fire/water etc.); or (e) Your obligations are not fulfilled.
• Samples are reference only and not claim-eligible. Replacement (if ever applicable) does not extend complaint periods.

• Inspect goods on delivery. Report visible shortages/damage/size or quantity deviations within three (3) calendar days of delivery.
• Hidden defects must be reported immediately on discovery and no later than four (4) weeks after delivery.
• Filing a complaint does not suspend payment. If a claim is found valid, TPH will (at its discretion) repair, replace, supplement quantities, or credit the affected portion only.
• Returns require prior written authorization and follow TPH’s instructions.

• TPH’s liability is limited to Sections 11, 12, and 19. TPH is not liable for indirect damages, loss of profit, production stoppage, or third-party claims, except in case of willful misconduct or gross negligence by TPH.
• Advice/recommendations do not relieve You from verifying fitness for purpose. Application/use is at Your risk.
• TPH’s total liability, if any, shall not exceed the invoice value of the specific Product/Service causing the damage or USD 3,000 (whichever is lower), and in any case limited to the coverage of TPH’s liability insurance.
• You shall indemnify TPH against third-party claims where TPH is not liable under these Terms.

TPH may suspend or dissolve the Agreement (without liability) if performance is prevented by events beyond reasonable control, including but not limited to pandemics, acts of government, strikes, lockouts, riots, war, supply failures, power/IT/telecom outages, natural disasters, or theft. If force majeure lasts over three (3) months, either Party may terminate the undeliverable part.

TPH may engage third parties to execute the Agreement.

• You must obtain, at Your expense, all permits/certificates needed for import, resale, and use of Products in Your markets and comply with applicable laws and standards.

• TPH (or its licensors) owns all IP existing before/during/after the Order regarding Functional Design and the TPH Platform. No IP is transferred to You unless expressly licensed.
• You warrant Your uploaded designs/logos do not infringe third- party rights and indemnify TPH for related claims.
• TPH grants You a non-exclusive, non-transferable, royalty-free license to use TPH IP strictly to exploit the specific Products You purchase, conditioned on full payment.
• You grant TPH a non-exclusive, royalty-free license to use Your marks/artwork solely to fulfill the Order and for portfolio reference unless You object in writing.
• Your own graphic design IP (artwork/logos) remains Yours; the Functional Design remains TPH’s.
• All non-public information from TPH (including fabric/trim source details) is confidential and remains TPH property.

• If You are insolvent, liquidate, miss payments, have assets seized, or otherwise materially breach, TPH may immediately suspend, cancel, or accelerate amounts due and reclaim goods under retention of title.

These Terms and any Agreement are governed by the laws of Pakistan. Courts at Lahore, Pakistan shall have exclusive jurisdiction, without prejudice to TPH’s right to seek relief elsewhere where competent.

TPH may amend these Terms or an Agreement and will notify You. Unless You object in writing within fourteen (14) working days, the amendments are deemed accepted.