Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between MUGBABY Manufacturing & Creative Drinkware Co., Ltd. ("MUGBABY", "we", "us", or "Manufacturer") and the corporate or individual entity placing an inquiry, purchasing order, or requesting custom OEM/ODM services ("Client", "Buyer", or "you").

MUGBABY specializes in original custom drinkware manufacturing, including plastic tumblers, stainless steel vacuum flasks, aluminum bottles, borosilicate glassware, and ceramic mugs, with proprietary kinetic effects (cold-activated, thermochromic heat-reveal, UV/sunlight-activated, and phosphorescent glow-in-the-dark technologies).

2.1 Quotation Validity: All official quotations, cost estimations, and lead times provided by MUGBABY are valid for thirty (30) calendar days from the date of issue, unless otherwise specified in writing. Quotations are subject to revision if raw material commodity prices (e.g., polymer resins, stainless steel coils, food-grade pigments), currency exchange rates, or shipping surcharges fluctuate by more than 5%.

2.2 Minimum Order Quantities (MOQ): Custom drinkware manufacturing requires strict production minimums based on tooling, pigment batching, and kiln/oven setup. Standard MOQs range from 500 to 3,000 units per design/colorway depending on the selected material and surface process.

2.3 Order Execution: An order is deemed formally confirmed and queued for material procurement only when:

• Both parties have signed and stamped the final Proforma Invoice (PI) or Purchase Order (PO);
• The agreed initial down payment (deposit) has cleared into MUGBABY's designated corporate bank account;
• Final 2D/3D print die-lines and technical specifications have received written approval from the Client.

3.1 Warranty of Ownership: The Client warrants and represents that all graphics, logos, trademarks, vector illustrations, 3D character molds, and brand assets provided to MUGBABY are either wholly owned by the Client or utilized under valid, enforceable licensing agreements.

3.2 Indemnification: The Client agrees to indemnify, defend, and hold harmless MUGBABY, its directors, officers, and production facilities from and against any claims, losses, damages, legal fees, or regulatory penalties arising out of any alleged infringement of third-party copyright, patent, trademark, or trade dress rights related to custom artwork supplied by the Client.

4.1 Color-Change Effect Calibration: Kinetic color-changing drinkware requires precise thermal or optical thresholds (e.g., cold reaction trigger below 15°C/59°F; heat reaction trigger above 45°C/113°F). Before mass manufacturing, MUGBABY develops pre-production physical prototypes for client validation.

4.2 The "Golden Sample" Benchmark: Mass production will be conducted strictly against the physical counter-sample countersigned or explicitly approved in writing by the Client ("Golden Sample"). The Golden Sample serves as the definitive legal and technical standard for incoming raw material testing, inline assembly, and final AQL quality inspection.

4.3 Post-Approval Revisions: Any engineering change, artwork alteration, or color scheme adjustment requested after Golden Sample approval may incur additional tooling fees, film re-output costs, and corresponding production schedule extensions.

Industrial drinkware fabrication involves multiple thermal cycles, automated silkscreen printing, hydro-dipping, and manual spray coating. The Client acknowledges the following standard manufacturing tolerances:

6.1 Standard Payment Milestones: Unless specific credit terms are pre-approved in an executed MSA:

• Sampling Phase: 100% mold/film and custom sample fee paid prior to sampling schedule initiation.
• Mass Production Deposit: 30% to 50% down payment required to lock material procurement and assembly slots.
• Final Balance: Remaining balance due upon passing pre-shipment quality inspection (PSI) and prior to factory dispatch, or against clean Bill of Lading (B/L) copy for agreed shipping arrangements.

6.2 Banking & Currency: Invoices are settled in USD, EUR, or RMB via telegraphic wire transfer (T/T), confirmed irrevocable Letter of Credit (L/C), or approved secure B2B remittance platforms. All intermediary banking and conversion surcharges are the responsibility of the remitter.

7.1 Incoterms 2020: Shipments are quoted and processed under standard ICC Incoterms rules (e.g., EXW Factory Ningbo/Shenzhen, FOB Port, CIF Destination Port, or DDP to Client Fulfillment Center) as specified in the Proforma Invoice.

7.2 Title & Risk Transfer: Risk of loss or transit damage transfers from MUGBABY to the Client strictly in accordance with the agreed Incoterm. For FOB shipments, risk transfers once goods pass the ship's rail or are delivered to the Client's nominated freight forwarder warehouse.

7.3 Lead Times & Event Milestones: Quoted production durations (typically 20-35 days for bulk runs) are estimated from the date of final Golden Sample approval and deposit clearance. MUGBABY shall not be held liable for commercial launch delays caused by third-party customs clearance examinations, carrier congestion, or port strikes.

8.1 Pre-Shipment Inspection (PSI): The Client reserves the right to deploy certified internal inspectors or accredited third-party inspection firms (e.g., SGS, TÜV, Intertek, QIMA) to inspect completed orders at MUGBABY production facilities under standard ISO 2859-1 / ANSI/ASQ Z1.4 sampling tables (General Inspection Level II, Critical 0, Major 2.5, Minor 4.0).

8.2 Post-Arrival Claim Window: In the event of concealed freight damages or non-conformance to Golden Sample standards, the Client must file a written claim within fifteen (15) calendar days of cargo receipt at the final destination port or distribution hub.

9.1 Material Declarations: MUGBABY uses solely food-grade virgin raw materials, BPA-free polymers (Tritan, PP, AS), food-grade #304 (18/8) or #316 stainless steel, lead-free high-borosilicate glass, and non-toxic, skin-safe microencapsulated thermochromic/photochromic pigments.

9.2 Target Market Certifications: Compliance requirements vary by jurisdiction (e.g., US FDA 21 CFR, California Prop 65, EU 1935/2004, German LFGB, French DGCCRF). Specific testing protocols and third-party laboratory certifications must be itemized in the formal quotation prior to mass production.

9.3 Durability Guidelines: Unless explicitly certified as "Commercial Dishwasher Safe" in the product dossier, color-changing specialty coatings should be hand-washed with non-abrasive detergents and kept out of direct UV sunlight exposure when stored to maximize effect longevity.

10.1 Custom Tooling & Mold Ownership: Custom injection molds, blow molds, or lid embossing dies fully financed by the Client remain the exclusive intellectual and physical property of the Client. MUGBABY serves as the authorized custodian, maintaining the tooling in working order for the Client's exclusive manufacturing runs.

10.2 Project Dossier Retention: To guarantee seamless repeat reorders without re-engineering or color drift, MUGBABY maintains an active digital and physical archive for every custom production run for a minimum of thirty-six (36) months, including:

• Full Bill of Materials (BOM) & Resin Grades
• Master Pantone & Color-Change Formulations
• Vector Artwork & Screen Mesh Calibrations
• Physical Retained Inspection Samples (Golden Retains)

11.1 Liability Cap: Except in cases of gross negligence, intentional misconduct, or breach of confidentiality, MUGBABY's total aggregate financial liability arising out of or related to any order, defect, or delay shall strictly not exceed the total contract value actually paid by the Client for the specific purchase order giving rise to the claim.

11.2 Consequential Damages Exclusion: Under no circumstances shall either party be liable to the other for indirect, incidental, punitive, or consequential damages, including loss of anticipated profits, promotional campaign cancellation, loss of brand goodwill, or downstream retailer chargebacks.

11.3 Force Majeure: Neither party shall be held liable for failure or delay in fulfilling contractual obligations resulting from events beyond reasonable control, including natural disasters, acts of God, global pandemics, major grid failures, port blockades, national export embargoes, or raw material supply halts caused by statutory state mandates.

12.1 Amicable Negotiation: In the event of any commercial disagreement, technical dispute, or claim arising from these Terms, both parties commit to engaging in good-faith executive consultation for thirty (30) days.

12.2 Arbitration: Should mutual negotiations fail, disputes shall be submitted to the international arbitration center designated in the signed Master Supply Agreement, or before the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its then-prevailing arbitration rules. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.

12.3 Legal & Commercial Notices: All formal notices, breach notifications, or contractual amendments must be executed in writing and transmitted via registered international courier or verified corporate email to: