Terms of Service
Please read these Terms of Service carefully before using our website or engaging with Jerry Sports & Outdoor Gear Manufacturer for any OEM/ODM services.
Important Notice
These Terms of Service ("Terms") govern your access to and use of the Jerry Sports & Outdoor Gear Manufacturer website and any business engagement with us. By accessing our website, placing an inquiry, or entering into a business agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Acceptance of Terms
By visiting our website at www.jerrysports.com or contacting Jerry Sports & Outdoor Gear Manufacturer ("Jerry," "we," "our," or "us") for any products or services, you ("Client," "you," or "your") agree to comply with and be bound by these Terms of Service.
If you do not agree to these Terms, please refrain from using our website or engaging in business with us. These Terms apply to all visitors, clients, partners, and others who access or use our services.
Scope of Application
These Terms apply to all commercial engagements, OEM/ODM manufacturing orders, product inquiries, sample requests, quotation processes, and any other business interactions with Jerry Sports & Outdoor Gear Manufacturer.
Our Services
Jerry Sports & Outdoor Gear Manufacturer specializes in the design, development, and manufacturing of sports and outdoor gear, including but not limited to:
- Swimming Gear: Custom swimming goggles, swim caps, diving sets, swim fins, hand paddles, and related water sports accessories.
- Outdoor Eyewear: Ski goggles, cycling sunglasses, and UV-protective sports eyewear.
- OEM/ODM Manufacturing: Full-service original equipment and design manufacturing, including private labeling, bespoke mold creation, and branded packaging.
- Product Development: R&D, prototype sampling, material sourcing, and engineering support.
We reserve the right to modify, expand, or discontinue any of our services at any time without prior notice. Service availability may vary based on order volume, geographic location, and current production capacity.
Orders & Business Agreements
All orders and business engagements are subject to a formal written agreement or purchase order ("Order") confirmed between Jerry and the Client. Orders become binding upon written confirmation from both parties.
Order Process
- Initial inquiry and quotation
- Sample confirmation and approval
- Purchase order submission
- Deposit payment and production start
- Quality inspection and final payment
- Shipment and delivery
Minimum Orders
Minimum order quantities (MOQ) are determined per product category and customization requirements. Specific MOQs will be communicated during the quotation stage.
Cancellation of confirmed orders may result in forfeiture of deposits and/or liability for costs incurred up to the point of cancellation. Any modifications to an order must be requested in writing and are subject to feasibility review and potential cost adjustments.
Intellectual Property
Jerry holds over 100 registered patents for product designs, manufacturing processes, and functional innovations. All intellectual property owned by Jerry, including but not limited to patents, trademarks, trade secrets, copyrights, designs, and proprietary manufacturing processes, remains the exclusive property of Jerry Sports & Outdoor Gear Manufacturer.
IP Protection Notice
Unauthorized reproduction, copying, or reverse engineering of any Jerry proprietary design, technology, or product is strictly prohibited and may result in legal action under applicable intellectual property laws.
For OEM/ODM orders involving client-provided designs, logos, or branding elements, the Client warrants that they own or have the legal right to use such materials and indemnifies Jerry against any third-party intellectual property claims arising from the production of such orders.
Custom molds, tooling, and designs developed exclusively for a Client will be subject to separate ownership agreements as specified in the applicable contract or purchase order.
Confidentiality
Both parties acknowledge that in the course of business, each may have access to confidential and proprietary information of the other party ("Confidential Information"). Both parties agree to:
- Keep all Confidential Information strictly confidential and not disclose it to any third party without prior written consent.
- Use Confidential Information solely for the purpose of fulfilling the business engagement.
- Protect Confidential Information with the same degree of care used to protect their own proprietary information.
This confidentiality obligation shall survive the termination of any business relationship for a period of five (5) years, or as otherwise specified in a separate Non-Disclosure Agreement (NDA).
Quality Assurance & Warranties
Jerry is committed to delivering products that meet or exceed agreed specifications and applicable international quality standards. Our manufacturing facilities are certified by BSCI, FCCA, and SCAN. Our quality assurance process includes:
Incoming Inspection
Raw material verification
In-Process QC
Production monitoring
Final Inspection
Pre-shipment checks
In the event of product defects attributable to our manufacturing process and reported within the agreed warranty period, Jerry will, at its discretion, repair, replace, or issue credit for the affected products. Warranty claims do not apply to defects arising from improper use, storage, or handling by the Client or end user.
All warranty terms and durations are as specified in the individual purchase agreement or contract.
Payment Terms
Payment terms will be specified in each individual purchase order or commercial agreement. Standard payment terms typically include:
- Deposit: A percentage of the total order value is required upfront to initiate production, as agreed upon in the purchase order.
- Balance Payment: The remaining balance is due prior to or upon shipment, as specified in the confirmed order.
- Currency: All transactions are conducted in USD unless otherwise agreed in writing.
- Late Payments: Jerry reserves the right to charge interest on overdue amounts and to suspend production or shipment for accounts in arrears.
All bank charges and transfer fees are the responsibility of the paying party. Jerry is not responsible for delays caused by failed or delayed payment processing.
Limitation of Liability
To the fullest extent permitted by applicable law, Jerry's total liability to any Client for any claims arising from or related to our services or products shall not exceed the total amount paid by the Client for the specific order giving rise to the claim.
Jerry shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities.
- Loss of goodwill or reputation.
- Data loss or system failures.
- Delays caused by force majeure events, including natural disasters, pandemics, government actions, or supply chain disruptions beyond our reasonable control.
Website Use
Our website is provided for informational and business engagement purposes only. By using our website, you agree that you will not:
- Use the site for any unlawful purpose or in violation of any applicable laws or regulations.
- Copy, reproduce, distribute, or exploit any content from our website without written permission.
- Attempt to gain unauthorized access to any systems, networks, or data associated with Jerry.
- Transmit any harmful, malicious, or disruptive code or content through our contact channels or website.
All website content, including product images, descriptions, technical specifications, and branding materials, is the property of Jerry Sports & Outdoor Gear Manufacturer and is protected by applicable copyright and trademark laws.
We reserve the right to modify website content, product offerings, and pricing information at any time without prior notice. Website information is provided "as is" and does not constitute a binding offer or quotation.
Governing Law & Dispute Resolution
These Terms of Service and any disputes arising from business engagements with Jerry Sports & Outdoor Gear Manufacturer shall be governed by and construed in accordance with the laws of the People's Republic of China.
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If negotiation fails within thirty (30) days, disputes shall be submitted to arbitration under the rules of the China International Economic and Trade Arbitration Commission (CIETAC), or as otherwise agreed in the applicable purchase agreement.
Nothing in these Terms prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Changes to These Terms
Jerry reserves the right to update or modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website, with the "Last Updated" date revised accordingly.
Your continued use of our website or engagement in business with Jerry following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.
For existing contractual relationships, any modifications to Terms will not retroactively affect confirmed purchase orders unless both parties agree in writing.
Contact Us
If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to discuss any aspect of a business engagement with Jerry, please contact us through the following channels:
Jerry Sports & Outdoor Gear Manufacturer
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