When assessing and quoting assembly and kitting projects, Perfumarie requires specific information and materials from the client to provide an accurate estimate and plan the project effectively.

• Client's Responsibilities: Adherence to Perfumarie's requirements as described below is essential for a successful project outcome. Failure to satisfy these requirements may result in the enforcement of our limitation of liability, warranty disclaimer, and indemnification provisions, as outlined in our terms and conditions. It is in the best interest of both parties to ensure that all necessary information, materials, and documentation are provided promptly and accurately to avoid potential complications or liabilities.
  
  
• Project Scope and Specifications: A detailed description of the project, including the assembly or kitting process, the number of items to be assembled or kitted, and any special requirements or handling instructions.
  
  
• Bill of Materials (BOM): A comprehensive list of all components, parts, and materials needed for the assembly or kitting process, including their quantities and specifications. Assembly or Kitting Instructions: Step-by-step instructions for assembling or kitting the items, which may include diagrams, photographs, or videos to help clarify the process.
  
  
• Product Samples: Three sets of complete physical samples of the components, parts, or finished products to give Perfumarie a clear understanding of what is expected and help identify potential challenges or issues.
  
  
• Packaging Requirements: Information on the required packaging materials, dimensions, and specifications, as well as any labeling or branding requirements.
  
  
• Production Timeline: The desired timeline for the project, including any deadlines or milestones that must be met. Shipping and Delivery Information: Details regarding the shipment of the components to Perfumarie, as well as the preferred method and schedule for shipping the finished products to their final destination.
  
  
• Quality Control Standards: An outline of the quality control standards and procedures that Perfumarie must adhere to during the assembly or kitting process.
  
  
• Volume and Frequency: Information on the estimated volume of assembled or kitted items and the frequency of orders can help Perfumarie assess capacity and resource requirements.
  
  
• Budget Constraints: Any budget limitations or constraints that the client may have can help Perfumarie tailor their services to meet your needs and expectations. By providing this information, you enable Perfumarie to develop an accurate quote and project plan for assembly and kitting projects, ensuring a smooth and efficient process from start to finish. 
  
  
• Scope of Work and Fees: The client shall provide Perfumarie with a detailed scope of work for each project in advance, as requested by Perfumarie and outlined above. Failure to provide a scope of work that meets Perfumarie's requirements may result in a la carte charges, calculated at a rate of $85 per person per hour or $1,500 per person per day, as determined by Perfumarie. These charges shall be communicated to the client in writing and are due and payable in full prior to the last shipment being released to the client. The client shall have no right to use any materials produced by Perfumarie until all fees and charges have been paid in full. Perfumarie reserves the right to withhold delivery of any materials until all fees and charges have been paid in full.
  
  
• Damages: In the event of damage to any components or materials during the course of assembly or kitting, the client shall follow the claims procedures established by Perfumarie and the third-party carrier, including but not limited to providing proof of value, evidence of damage, evidence of packaging, proof of shipment, and a completed claims form.
  
  The client shall cooperate fully with the carrier's investigation of the claim and provide any additional information or documentation as requested whenever a product arrives bearing damage. Perfumarie shall have no liability for any damages that occur during shipment or for any damages that result from the client's failure to follow the carrier's claims procedures. If the carrier approves the claim, Perfumarie shall reimburse the client for the actual value of the damaged components or materials, up to the declared value or maximum liability limit specified by the carrier. The client acknowledges that any claim for damages must be filed with the carrier within the time period specified by the carrier and that failure to do so may result in the denial of the claim. The client further acknowledges that the carrier's liability for any damages is subject to the terms and conditions of the carrier's shipping agreement.
  
  
• Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Perfumarie be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business, or data, arising out of or in connection with this agreement or the services provided hereunder, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Perfumarie has been advised of the possibility of such damages. Perfumarie's total liability for any and all claims, damages, or losses arising from or related to the services provided under this agreement shall in no event exceed the total amount paid by the client to Perfumarie for the specific services giving rise to the liability.
  
  
• Indemnification: The client agrees to indemnify, defend, and hold Perfumarie and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or in connection with (a) the client's use of the services provided by Perfumarie, (b) any breach of this agreement by the client, or (c) any third-party claim alleging that the client's materials, products, or components infringe any patent, copyright, trademark, or other intellectual property right or misappropriate any trade secret. Perfumarie shall promptly notify the client of any such claim and shall reasonably cooperate with the client in its defense or settlement, at the client's expense. The client shall have sole control over the defense and settlement of any claim, provided that the client may not settle any claim without Perfumarie's prior written consent, which shall not be unreasonably withheld.
  
  
• Warranty Disclaimer: Perfumarie provides its services 'as is' and without any express, implied, or statutory warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising from a course of dealing, usage, or trade practice. While we try our best, Perfumarie does not warrant that the services provided will be uninterrupted, error-free, or completely secure, nor does it make any representations or warranties regarding the quality, accuracy, or completeness of the assembled or kitted items. The client acknowledges and agrees that it assumes the entire risk and responsibility for the use of the services and the results obtained from such use.

• Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, civil unrest, strikes, lockouts, labor disputes, or other similar events (each, a 'Force Majeure Event'). The party affected by the Force Majeure Event shall promptly notify the other party of the nature and extent of the Force Majeure Event and its expected duration. The party affected by the Force Majeure Event shall use its best efforts to mitigate the effects of the Force Majeure Event and to resume performance of its obligations as soon as practicable following the termination of the Force Majeure Event. If the Force Majeure Event continues for a period of more than [number of days] days, either party may terminate this agreement by giving written notice to the other party.

By shipping components to Perfumarie and engaging us to provide assembly and kitting services, the client acknowledges acceptance of these terms and conditions in full. The client further acknowledges that these terms and conditions constitute the entire understanding between the parties and supersede all prior negotiations, representations, and agreements between the parties, whether written or oral. This agreement may only be modified or amended by written agreement signed by both parties. If any provision of this agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. This agreement shall be governed by and construed in accordance with the laws of New York, and the parties hereby submit to the exclusive jurisdiction of the courts of New York for any dispute arising out of or in connection with this agreement.

 

###

Published on 11/1/2020