MCC Manufacturing
Terms and Conditions
1. Introduction
These Terms and Conditions govern the use of services provided by MCC Manufacturing ("we," "us," "our"), located in Upper Mount Gravatt, Australia. By engaging our services, you ("Client," "you," "your") agree to comply with and be bound by these terms. Please read them carefully.
2. Services Provided
MCC Manufacturing offers a comprehensive range of garment production services, including but not limited to:
Design assistance and consultation
Fabric and materials sourcing – This includes sourcing fabrics, trims, hardware, care labels, brand labels, and packaging. A sourcing fee may apply for research, coordination, or purchasing on your behalf.
Digital patternmaking and grading using StyleCAD software and/or CLO 3D
Sample creation
Tailored production runs – Small-batch production offered on a made-to-order or preorder basis, with no minimum order quantities (MOQs). Each run is custom-made to meet the specific needs of the client.
Cutting services
3. Fair Work Responsibility
As MCC Manufacturing is an independently run development and production studio working with fashion startups and small businesses, it is the responsibility of the client to ensure they are compliant with Fair Work Australia regulations. This includes, but is not limited to, applying for or lodging any relevant registrations, obligations, or documentation required in relation to their brand, production, and employment practices.
MCC Manufacturing does not provide legal or industrial relations advice and is not responsible for ensuring client compliance with Fair Work. Clients are encouraged to seek independent advice where necessary.
4. Quotations and Pricing
4.1. All quotations provided by MCC Manufacturing are valid for 30 days from the date of issue unless otherwise specified.
4.2. Prices are subject to change based on fluctuations in material costs, labour, freight, and other factors. Clients will be notified of any price changes before work proceeds, and approval will be sought prior to continuing.
4.3. All prices are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless stated otherwise.
4.4. Additional charges may apply for variations or changes requested by the client after the quotation has been accepted.
4.5. MCC Manufacturing reserves the right to charge for any additional services not included in the original quotation, which will be communicated and agreed upon before commencement.
5. Payment Terms
5.1. A 50% deposit is required at least one week before the commencement of product development or production. This deposit is non-refundable and secures your place in the production schedule. Work will not begin until the deposit is received.
5.2. The remaining 50% balance is due upon project completion and prior to the release or delivery of any goods.
5.3. Payments can be made via [Bank Transfer, Credit Card, etc.]. Payment details will be provided on the invoice.
5.4. Late payments may incur interest at a rate of 10% per month.
5.5. Ownership of all patterns, samples, and production materials remains with MCC Manufacturing until full payment is received.
5.6. Final payment is due within 7 days of invoice issue. Failure to pay within this timeframe may delay delivery or result in storage fees or cancellation.
6. Production Timelines
6.1. MCC Manufacturing will make every reasonable effort to meet the agreed-upon production timelines. However, we are not liable for delays caused by unforeseen circumstances, including but not limited to supply chain disruptions, natural disasters, labour shortages, or other force majeure events beyond our control.
6.2. Clients will be promptly notified of any anticipated delays, and an updated timeline will be provided as soon as practicable.
6.3. Production timelines may also be affected by delays in client approvals, changes to the project scope, or late receipt of required materials or information.
7. Intellectual Property
7.1. All designs, patterns, and materials provided by the Client remain the sole property of the Client.
7.2. MCC Manufacturing retains the right to use any designs, samples, or photos created in collaboration with the Client for promotional, marketing, and portfolio purposes, unless otherwise agreed in writing.
7.3. Clients warrant that their designs and materials do not infringe upon any third-party intellectual property rights. The Client agrees to indemnify and hold MCC Manufacturing harmless from any claims, damages, or expenses arising from any alleged infringement.
7.4. Any intellectual property developed solely by MCC Manufacturing during the course of the project (e.g., patterns, technical drawings) remains the property of MCC Manufacturing unless otherwise assigned in writing.
8. Confidentiality
8.1. MCC Manufacturing and the Client agree to maintain the confidentiality of all proprietary and sensitive information exchanged during the course of their business relationship. This includes, but is not limited to, designs, patterns, technical data, business plans, and any other confidential materials. Neither party shall disclose such information to any third party without prior written consent, except as required by law.
8.2. This confidentiality obligation shall survive the termination or expiration of the business relationship between MCC Manufacturing and the Client and remain in effect indefinitely.
9. Quality Assurance and Returns
9.1. MCC Manufacturing is committed to delivering products that meet the agreed-upon quality standards. The Client must notify us in writing within 7 days of receipt if any product does not meet these standards.
9.2. Upon notification, MCC Manufacturing will assess the issue. If the fault is determined to be due to manufacturing defects, we will, at our discretion, repair, replace, or provide a credit for the affected product.
9.3. Returns or remedies will not be accepted for defects or issues arising from client-provided materials, designs, or specifications.
9.4. MCC Manufacturing’s liability is limited to repair, replacement, or credit of defective goods and does not extend to consequential losses or damages.
10. Cancellation and Termination
10.1. Clients may cancel their order prior to the commencement of product development or production. As deposits are non-refundable and required at least one week before commencement, no deposit refunds will be issued upon cancellation.
10.2. If a project is cancelled after production has begun, the Client will be responsible for all costs incurred to that point, including materials, labour, and any non-recoverable expenses.
10.3. MCC Manufacturing reserves the right to terminate any project at its discretion if the Client breaches these Terms and Conditions or if mutual cooperation cannot be reasonably maintained. In such cases, the Client remains liable for costs incurred up to termination.
11. Liability
11.1. MCC Manufacturing shall not be held liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of reputation, or business interruption, arising from the use of our services.
11.2. To the maximum extent permitted by law, MCC Manufacturing’s total liability under these Terms and Conditions shall be limited to the total amount paid by the Client for the specific project giving rise to the claim.
11.3. MCC Manufacturing is not liable for issues resulting from:
Inaccurate or incomplete specifications provided by the Client
Delays caused by Client-supplied materials, late approvals, or communication gaps
Misuse of products after delivery
Any alterations or modifications made to products by third parties
12. Amendments to Terms
12.1. MCC Manufacturing reserves the right to amend, update, or modify these Terms and Conditions at any time without prior notice.
12.2. Any changes will be communicated to current clients via email or published on our website. It is the responsibility of the Client to review these Terms periodically.
12.3. Continued use of our services following any amendments will constitute acceptance of the revised Terms and Conditions.
13. Governing Law and Dispute Resolution
13.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
13.2. Any disputes arising out of or in connection with these Terms and Conditions, including questions regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Queensland.
13.3. In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation. If a resolution cannot be reached within 14 days, the parties agree to engage in mediation before commencing legal proceedings.
14. Force Majeure
14.1. MCC Manufacturing shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, government actions or restrictions, strikes, pandemics, epidemics, industrial disputes, acts of terrorism, war, supply chain disruptions, or shortages of materials.
14.2. In the event of a Force Majeure occurrence, MCC Manufacturing will notify the Client as soon as reasonably practicable and will take all reasonable steps to mitigate the effect of the delay or failure.
14.3. If the Force Majeure event continues for a period exceeding 30 days, either party may terminate the agreement by providing written notice to the other party without liability, except for obligations accrued prior to the event.
15. Subcontracting
15.1. MCC Manufacturing reserves the right to subcontract any part of the work or services required to fulfill the Client’s project.
15.2. Any subcontractors engaged will be required to adhere to confidentiality, quality standards, and all other obligations consistent with these Terms and Conditions.
15.3. MCC Manufacturing remains fully responsible for the performance and delivery of all subcontracted work and will ensure all subcontractors comply with the agreed specifications and timelines.
15.4. The Client consents to MCC Manufacturing engaging such subcontractors as necessary, and understands that this will not affect the Client’s rights or MCC Manufacturing’s obligations under these Terms.
16. Insurance
16.1. The Client is responsible for insuring any materials, samples, or goods they provide to MCC Manufacturing during transit, storage, or while in MCC Manufacturing’s possession.
16.2. MCC Manufacturing will take reasonable care of Client materials but does not accept liability for loss, damage, or theft of such materials unless caused by our negligence.
16.3. Clients are encouraged to obtain appropriate insurance coverage to protect their property throughout the manufacturing process.
17. Dispute Resolution
17.1. In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the parties agree to attempt to resolve the matter amicably through informal negotiation within 14 days of written notice of the dispute.
17.2. If the dispute cannot be resolved through negotiation, the parties agree to participate in mediation facilitated by a mutually agreed independent mediator before pursuing any other dispute resolution procedures.
17.3. Mediation shall be conducted in Queensland, Australia, unless otherwise agreed by the parties.
17.4. If mediation fails to resolve the dispute, either party may pursue any other remedy available under these Terms or at law.
17.5. This clause does not prevent either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.
18. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at:
MCC Manufacturing
4 Larwood Street
Upper Mount Gravatt
Queensland, Australia 4122
Phone: 0428 095 380
Email: info@mccmanufacturing.com
19. Acknowledgment and Acceptance
By engaging MCC Manufacturing’s services—whether through signing the Client Intake Form, submitting a written confirmation, making a payment (including a deposit), or continuing communication regarding a project—the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.
Clients also acknowledge that it is their responsibility to review these Terms and Conditions prior to engagement, and that continued use of services following any amendments constitutes acceptance of the updated terms.