KOSMA TEX ("we", "us", "our") supplies fabrics, print libraries, and custom textile production services to business customers ("Buyer") on the following terms. By placing a wholesale or custom production order, the Buyer agrees to these terms. These terms apply to business-to-business transactions only.
1. Orders & Quotations
- All quotations are valid for 14 days unless stated otherwise in writing.
- An order is confirmed only when we issue a written order confirmation (email or invoice) stating style numbers, quantities, pricing, and estimated lead time.
- Minimum order quantities (MOQ) vary by product and process. Flexible MOQs quoted for a specific order apply to that order only.
2. Custom Production — Approval Process
Custom printing and design development follow a staged approval process:
- Artwork / Design Review — Buyer submits artwork files or selects designs from the KOSMA TEX library. Production-ready files (print-ready tech-packs) are recommended; low-resolution files may require paid design preparation.
- Digital Proof — We provide a digital proof showing layout, scale, and color direction. Production does not begin until the Buyer approves the proof in writing.
- Strike-off / Physical Sample — For bulk custom orders, a physical strike-off or sample is available before bulk production. Buyer approval of the strike-off is the production standard.
- Bulk Production — Bulk production follows the approved proof / strike-off. Any change requested after approval (color, scale, layout, fabric, quantity) may change pricing and lead time and requires a revised written confirmation.
Once a proof or strike-off is approved, the order cannot be cancelled or changed without our written consent, and the Buyer is responsible for costs incurred up to that point.
3. Lead Times
- Lead times are estimates provided at order confirmation and begin after (a) written proof/strike-off approval and (b) receipt of the required deposit, whichever is later.
- Standard guide: samples and strike-offs 5–10 business days; bulk custom production 2–5 weeks depending on fabric, process, and quantity. In-stock wholesale fabrics typically ship within 3–5 business days.
- Lead times are estimates, not guarantees. We will notify the Buyer promptly of any delay. Time is not of the essence unless expressly agreed in writing for a specific order.
4. Colors, Materials & Tolerances (QC Standards)
- Color — Screen images and digital proofs are indicative only. Final color is judged against the approved physical strike-off or lab dip. Commercial tolerance: ΔE and visual assessment under D65 lighting against the approved standard.
- Print quality — Bulk production is inspected against the approved strike-off for print clarity, repeat alignment, and registration. Minor variation consistent with industry-standard textile printing tolerances is not a defect.
- Fabric — Width, weight (GSM), and shrinkage may vary within standard industry tolerances (±3–5%). Buyers should test fabric for their end use before cutting.
- Quantity — Bulk yardage may vary by up to ±5% from the ordered quantity; the final invoice is adjusted to the actual shipped quantity.
- Claims for defects must be made in writing within 14 days of delivery and before the fabric is cut, sewn, washed, or otherwise processed. Processed goods cannot be evaluated for claims.
5. Design Rights & Licensing
- Designs in the KOSMA TEX library are original works owned by KOSMA TEX or used under license. Purchasing fabric printed with a library design grants the right to use the printed fabric in the Buyer's products; it does not transfer copyright or design ownership.
- Exclusive licensing is available on request for selected designs, defined by product category, territory, and term in a separate written agreement.
- Buyer-supplied artwork: the Buyer represents that it owns or is licensed to use all artwork, logos, and trademarks submitted, and indemnifies KOSMA TEX against third-party claims arising from that artwork.
- We may decline or stop any order that appears to infringe a third party's rights.
6. Pricing & Payment
- Prices are in USD, EXW Los Angeles unless stated otherwise. Shipping, taxes, and duties are additional unless expressly included.
- Custom production: a deposit (typically 50%) is due before production; the balance is due before shipment unless net terms were approved in writing in advance.
- Wholesale in-stock orders: payment is due before shipment unless approved credit terms apply.
- Late balances may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower. Production and shipment may be paused while an account is past due.
7. Shipping & Risk
- Title and risk of loss pass to the Buyer on handover to the carrier (EXW) or as stated in the order confirmation.
- Buyer is responsible for furnishing accurate shipping instructions and accounts. Storage fees may apply if goods are not shipped or picked up within 10 business days of completion notice.
8. Returns, Shortages & Chargebacks
- In-stock wholesale fabric may be returned uncut and in original condition within 14 days of delivery, subject to a restocking fee, only with prior written authorization (RMA). Custom, printed-to-order, cut, or sampled goods are final sale and cannot be returned except for verified defects under Section 4.
- Shortage or damage claims must be reported in writing within 7 days of delivery with photos and carrier documentation.
- The Buyer agrees to contact us to resolve any billing dispute before initiating a payment chargeback. Undisputed amounts remain payable while a dispute is reviewed. Amounts recovered through an improper chargeback remain owed, together with any chargeback fees charged to us.
9. Limitation of Liability
Our liability for any order is limited to the invoice value of the affected goods. We are not liable for indirect or consequential losses, including lost profits, production downtime, or claims from the Buyer's customers, except where liability cannot be limited by law.
10. General
- These terms, together with the written order confirmation, are the entire agreement for the order and supersede prior quotes or correspondence. Changes must be in writing.
- Governing law: State of California, USA. Venue: Los Angeles County, California.
- If any provision is held unenforceable, the remaining provisions continue in effect.
Questions about these terms: contact our B2B team via the Wholesale Quote page or the contact details on this website.