Terms of sale

Published by Manufacturer Quotes. Editorial policy. Updated 2026-09-23.

These terms apply to every quote we send and every order we accept. Please read them before you order. Where they say "we" or "us", they mean the seller named below; "you" means the business that asks for a quote or places an order.

Who sells to you

The seller of record is Manufacturer Quotes, a trade name of Joseph Spisak (sole proprietor), of 1620 East Riverside Drive, Austin, TX 78741. Email: hello@manufacturerquotes.com.

Manufacturer Quotes is the seller. We buy from the manufacturer and sell to you. Our price per unit includes our service and margin. We act as your supplier, not as your agent.

We sell only to businesses that buy for resale or for use in their business. We do not sell to consumers.

How these terms fit with your order

The contract. Each order is a contract made of the order confirmation we send you, any compliance record agreed for it, and these terms. If they conflict, the compliance record wins on who certifies, tests, registers and files, the order confirmation wins on the other points it states expressly, and these terms govern everything else. Every quote and order confirmation we send links to these terms and states the date of the version that applies. Our order confirmation accepts your order only on these terms. Paying the deposit, or telling us to go ahead, confirms that you agree to them.
Your own terms do not apply. Terms printed on your purchase order, invoice or website do not form part of the contract, even if we do not object to them, unless we agree to them in a signed writing that names them.
Which version. The version of these terms published on this page when we send your order confirmation applies to that order. A later change does not affect an order already confirmed.

Quotes

A quote describes the goods, the quantity, our price per unit, the lead time, the minimum order and the shipping terms. It is an invitation to order, not an offer you can accept, and it binds neither of us until we confirm an order.
Each quote states the date until which we will confirm orders on it at its price, subject to the factory confirming. After that, or if the specification, quantity, destination or timing changes, we may re-quote.
A quote identifies the factory by a letter and its country, for example "Factory B, Vietnam", not by name (see "Factory identity" below).
Any landed cost shown beside a quote is an estimate of freight, duty and fees for your planning. It is not part of our price, we do not collect those amounts, and the real amounts may differ.

Orders and acceptance

To order, reply to a quote by email and tell us you want to order on it. That is your order to us; it is accepted only when we send an order confirmation. We may decline any order.
The order confirmation records the agreed specification, the quantity, the price, the shipping terms and named place, the final destination, the payment terms, the estimated production and shipping dates, and any approved sample.
For goods in a regulated category that you will sell (see "Regulated products" below), we do not confirm the order until the written compliance record for that order is complete.
Quantities. The quantity shipped may be up to 3% more or less than ordered, or within the tolerance stated in the order confirmation, and you pay for the quantity shipped. We may ship an order in more than one lot. Each lot is invoiced separately, and the periods in "Inspection, defects and remedies" run for each lot from the day it reaches the final destination.
We do not quote or sell cannabidiol (CBD) products, sexual enhancement products, weight loss products, SARMs or kratom.

Changes and cancellation

Once we confirm an order, we place a matching order with the factory, so a confirmed order cannot be cancelled or reduced without our written agreement.
If we agree to a cancellation or change, you pay the costs already committed that we cannot recover, such as materials bought, printed packaging, tooling and work in progress, and any change may alter the price and the dates.

Price, taxes and duties

Prices are in US dollars. Our price per unit includes our service and margin. It covers the goods delivered on the shipping terms in the order confirmation, and nothing beyond that point.
Unless the order confirmation says otherwise, the price does not include freight or insurance beyond the named place, import duties, tariffs, customs fees, taxes, brokerage or inspection fees at destination. Those are yours.
If the law requires us to collect a sales or similar tax on a sale, we add it to the invoice unless you give us a valid resale or exemption certificate.

Payment

You pay on the payment terms in the order confirmation. Unless it says otherwise, a deposit is due before production starts and the balance is due before the goods are released for shipment.
You pay by bank transfer or ACH to the account named on our invoice. We accept a card only for samples, where the quote says so. We never change our bank details by email alone: if the bank details on an invoice differ from those we gave you before, confirm them with us before you pay.
We are not obliged to start production until the deposit has cleared, or to release goods until the balance has cleared.
If a payment is late, we may pause the order, and any dates in the order confirmation move by the length of the delay. Costs caused by the late payment, such as storage at origin, are yours.
You pay in full, without setting off any amount you claim from us, unless we agree in writing.
An amount you owe us that is not paid when due bears simple interest at 10% a year from the date it is due until it is paid, but never more than the highest rate the law allows. If we ever receive more than that rate allows, we refund or credit the excess.
If the balance is still unpaid 30 days after we tell you the goods are ready, we may cancel the unshipped part by written notice, sell or dispose of the goods, and keep from what you have paid our losses, including the factory's charges and storage; we refund anything left. For this purpose you allow us to remove or cover your marks, or to have the goods destroyed.

Shipping terms, risk and title

Every quote and order confirmation names its shipping terms as an Incoterms 2020 rule and a named place. We use FOB (free on board) at a named port of shipment for goods going by sea, FCA (free carrier) at a named place in the country of origin for goods handed to a carrier before they are loaded, such as at a container terminal, an air cargo terminal or a courier, and EXW (ex works) only where the order confirmation states it. The rule named in your order confirmation is the one that applies. The rule decides where delivery takes place, which costs we bear, and when risk passes to you. The Incoterms 2020 rule applies in place of any definition of the same shipping term in the Uniform Commercial Code as adopted in Texas.
Under EXW, you or your forwarder load the goods at the factory and clear them for export in the country of origin, which a buyer based outside that country often cannot do; ask us for FCA instead. Under EXW, or FCA at the factory's premises, your forwarder collects at the factory, and what it learns about the factory is confidential under "Factory identity".
Risk of loss or damage passes to you at the point the Incoterms rule sets. Title passes at the same point, or when we receive payment in full, whichever is later.
Production and shipping dates are estimates. We will tell you as soon as we learn of a delay and give you a new date.

You are the importer

You are the importer of record. You, or the customs broker you appoint, file the customs entry at destination, provide any bond, pay the duties, taxes and fees, and deal with customs about the goods, including any detention or exclusion.
For goods shipped to the US by sea, you, or the filer you appoint, also make the Importer Security Filing, which is due at least 24 hours before the goods are loaded onto the vessel at the port of origin. Tell us who your filer is when you order. Before that deadline we give your filer the details the filing needs from us, including the seller, the manufacturer's name and address and the country of origin, and we give the container stuffing location and the consolidator as soon as the container is packed.
We do not sell on delivered duty paid (DDP) terms.
Our commercial invoice to you shows the price you pay us for the goods. We show separately any other charge for the order, such as tooling, molds, samples or testing, because your broker may need to add some of them to the customs value. We will give you, your broker and your filer the commercial invoice, packing list and other shipping documents needed for the Importer Security Filing and the customs entry.
We do not quote or ship goods made by a factory that is on the US government's Uyghur Forced Labor Prevention Act Entity List. We do not check where the factory's materials or parts come from. For goods that contain cotton, we ask the factory for a written statement of where its cotton came from and give you any statement we receive. We do not check it and do not promise that it is true, and we tell you if we have reason to doubt it. The law presumes that goods made wholly or in part in the Xinjiang region of China, or by an entity on that list, were made with forced labor, and this includes goods made elsewhere from materials or parts that came from Xinjiang or from a listed entity. As the importer, you answer to customs under that law and under the wider US ban on imports made with forced labor. If customs asks you to show how goods were made, we will pass on the supply chain documents that we can reasonably obtain from the factory.
Detention under those laws. If the factory is added to that list before your goods ship, we do not ship them, and "If the factory fails" applies. If customs detains, excludes or seizes goods under those laws, you bear the storage and other costs as the importer. If the factory was on that list on the day the goods shipped, we refund the price you paid for the goods that are excluded or seized or that you must export again or destroy. Otherwise, unless it results from an error in documents we supplied, a detention, exclusion or seizure does not entitle you to a refund or other remedy from us.
Keeping your name and the factory's out of public manifest data. US customs lets an importer or consignee ask for its name and address, and those of its shippers, to be withheld from the vessel manifest data released to the public. The request is free. It lasts two years from when customs receives it and can be renewed, and it covers only shipments made while it is in force, so file it before your goods arrive. When we confirm your first order to ship by sea, we send you a completed request to sign and send to US Customs and Border Protection. We ask you to file it, but you do not have to.

Factory identity

We do not name the factory while you compare quotes. If you order, the import documents name it where customs or compliance rules require.

Because you are the importer, US import filings identify the manufacturer: the Importer Security Filing gives its name and address and where the container was packed, and the customs entry carries its manufacturer identification code. Some regulated products also need certificates, listings or registrations that name the facility. When we confirm your order, or earlier where the compliance record for a regulated product needs them, we give you, your broker and your filer the factory details those documents require. Shipping documents such as the bill of lading and packing list, and labels on samples sent from the factory, may also show the factory's name and address. Whatever you, your forwarder, broker, filer or inspector learn about the factory, from a sample or through an order, you may use only to import, certify and sell the goods you buy from us, to deal with the authorities about them, and to buy from the factory as "Buying direct from the factory" allows, and you must otherwise keep it confidential. The exclusions in "Confidentiality" apply to these details too.

Buying direct from the factory

We find the factory and our price includes our margin. Because the import documents name the factory, you could order from it without us. This section sets the price of doing that.

The fee. It applies to each factory that we name to you as the maker of goods we quoted or supplied, or that you can identify from a sample or an order we supply. A company's listing in our public directory does not by itself count. For two years after we last supplied you goods or samples from that factory, you pay us a fee of 10% of the price of any goods of the same kind as those we quoted or supplied to you from it that you, or anyone acting for you, buy from that factory, or from a business in its group, other than through us. If we supplied nothing from it, the two years run from the day we named it to you. A business is in the factory's group if it owns the factory, the factory owns it, or both have the same owner. You tell us of each such purchase, and pay the fee, within 30 days after each payment you make to the factory. If we ask, you tell us in writing whether you have made any such purchase.
Why this amount. Our margin varies by order, and the margin we would lose on purchases made without us is hard to prove. Each of us agrees that 10% of the price of those purchases is a reasonable estimate of that loss and is not a penalty.
What it does not cover. The fee does not apply to purchases from a factory that you can show you bought from before you first identified it through us, to goods we have told you in writing that we will not or cannot supply from that factory, or to purchases made after we tell you in writing that we have stopped selling goods of that kind.
Your freedom to buy elsewhere. This section does not stop you from buying from any other factory or supplier, and it does not oblige you to order from us.

Regulated products

Some products carry legal duties that fall on the importer or on the brand named on the label. Before we confirm any order in one of the categories below, we agree a written compliance record for that order. The record names the importer of record, the party that certifies or answers to the regulator, who arranges and pays for any testing or registration, each document the product needs and who holds it, the factory details we give you for them and, where this section requires one, your insurance certificate. No record, no order.

Children's products and toys, meaning products designed or intended primarily for children 12 years of age or younger. You issue and file the Children's Product Certificate as the importer. Each production lot is tested by a laboratory accepted by the US Consumer Product Safety Commission, arranged by us through the factory and shown as a line in the quote, and no lot ships without a passing report. We give you the report and the factory details the certificate needs. Tracking label content is part of the agreed specification. We accept these orders only from a buyer that will act as the certifying importer.
Other consumer products under a product safety rule. You issue the General Certificate of Conformity as the importer, and we supply the test basis the rule requires.
Cosmetics. Your business is named on the label as the distributor, so you are the responsible person under US cosmetics law, which is the manufacturer, packer or distributor whose name appears on the label: you list the product, report serious adverse events and keep the safety records. We obtain the facility's FDA registration number, or the reason it is exempt, and give it to you for your listing. Our name does not appear on your label.
Over-the-counter drugs, such as sunscreens, SPF products and antiperspirants. We do not confirm an order until the facility holds a current FDA drug establishment registration, the product is listed, and the record names who is the labeler.
Food, beverages and dietary supplements. You are the importer and the importer under the Foreign Supplier Verification Program, and your broker files prior notice of each shipment. We obtain the facility's FDA food facility registration number and give it to you.

For every regulated product, the claims on your label, listing and advertising are yours, and so are the duties of the brand owner in each market where you sell.

Insurance for regulated products. Before we confirm an order for children's products and toys, cosmetics, over-the-counter drugs, or food, beverages and dietary supplements, you give us a certificate showing that you carry product liability insurance of at least $1,000,000 for each occurrence, covering the goods and naming us as an additional insured. You keep it in force while you sell the goods and for one year after you last sell them.

Product safety and claims

Claims about your products. You will defend us and pay the losses, damages and reasonable legal costs we suffer from any claim by a customer, another third party or a regulator that arises from your design, specification, artwork, labels, warnings, instructions, product claims, listings or advertising, from how you store, sell or handle the goods, or from your duties as importer or brand owner under these terms. This does not cover a loss caused by goods that did not conform to the order confirmation when risk passed to you, or a loss caused by our own negligence.
Safety information. Each of us tells the other promptly, in writing, of any complaint, incident, test result or contact from a regulator suggesting that goods from an order may be unsafe or may not comply with the law. As the importer and brand owner, you decide on and carry out any recall or other corrective action and deal with the regulator about it; we give you the information and factory cooperation we can reasonably obtain. Each of us makes any report the law requires of it.
How claims are handled. A party asking to be defended under these terms tells the other promptly of the claim, lets it control the defense and any settlement, and cooperates at its cost. No settlement may admit fault for, or bind, the defended party without its consent.

Specification, samples and your designs

You are responsible for the specification, artwork, labels and packaging copy you give us, and for their accuracy. The goods are made to the specification in the order confirmation and, where you approved one, to the approved sample. Where the two differ, the written specification wins unless the order confirmation says otherwise.
Samples, and any charge for them, are supplied on the terms stated in the quote. An order for samples is an order under these terms, and we confirm it in writing before the samples ship. The compliance record and insurance certificate that "Regulated products" requires apply to orders for goods you will sell, not to samples that you do not sell.
Normal variations in color, dimension and weight within the tolerances in the specification, or where none is stated, within the tolerances usual for that product, are not defects.
You promise that you own or have permission to use every design, trademark, logo, pattern, formula and piece of artwork you give us, and that goods made to your specification will not infringe anyone else's rights. You will defend us and pay the losses, damages and reasonable legal costs that we suffer from a claim that they do, except where the claim results from a change that we or the factory made without your approval.
We do not quote or sell copies of another company's products or packaging, and we may decline an order that we believe would infringe.
Tooling. Molds, dies, tooling and patterns made for your order and charged to you as a separate line become yours when you have paid that charge in full, unless the order confirmation says that the factory keeps them, for example where their cost is spread over the unit price. Tooling that is yours stays at the factory, and we instruct the factory in writing to hold it for you. Whoever owns it, we instruct the factory in writing to use tooling made to your design, or charged to you, only for your orders. Formulas, designs and artwork that you give us stay yours. Ownership of a formula the factory develops for your order is as stated in the order confirmation. If it says nothing, we instruct the factory in writing to use that formula only for your orders.
Releasing your tooling. When you have paid everything you owe us, we will, at your written request and at your cost for packing and transport, arrange for the factory to hand your tooling to you or to a carrier you name. The factory may need a reasonable time to do so. If no order has used your tooling for two years, we may ask you in writing to collect it; if you have not collected it or told us what to do with it within 60 days after we ask, the factory may dispose of it. We do not send that request while we are holding your tooling for money you owe us.

Inspection, defects and remedies

Inspect on arrival. Inspect the goods promptly when they reach the final destination in the order confirmation.
Reject within 30 days. To reject goods for a shortage, damage or nonconformity that a reasonable inspection would find, tell us in writing within 30 days after the goods reach that destination.
Keep the goods. Keep the affected goods, and do not destroy, sell or return them until we have had a fair chance to inspect them or have told you what to do.
Acceptance. Goods you do not reject within those 30 days are accepted. Paying before you inspect is not acceptance. Accepting goods does not end a claim you make under the next item.
Other claims. For any other claim that goods did not conform, tell us in writing within 90 days after the goods reach that destination or, for a defect that a reasonable inspection could not have found, within 90 days after you discover it. The warranty covers such hidden defects when you discover them within 6 months after the goods reach the destination. Include the order reference, the number of units affected, photographs, carton and lot marks, and sample units if we ask.
Our remedy. If goods do not conform to the order confirmation, we will, at our choice and within a reasonable time, replace or rework the nonconforming units, or refund or credit the price you paid for them. We may ask you to return units, at our reasonable cost, or to dispose of them and send us evidence that you did.

Damage or loss in transit after risk has passed to you is a claim against the carrier or your cargo insurer, not against us. We will give you the documents we hold that support such a claim.

Inspection before shipment. You may have the goods inspected at the factory before they ship, by an inspection company you appoint or by your own staff, at your cost. Tell us in writing at least a week before the estimated shipping date and name the inspector. The inspection takes place during the factory's working hours on a date we agree with the factory, and you make sure your inspector keeps the factory's details confidential under "Factory identity". If the inspection, checked against the order confirmation and any sampling plan it states, finds goods that do not conform, we have them reworked or replaced before they ship or, at our choice, refund or credit the price of units that cannot be corrected, and we pay for one inspection of the corrected goods. Arranging your inspection may move the shipping date by the time it takes. Inspecting, or choosing not to inspect, does not reduce your rights under this section.

Warranty

We warrant that, when risk passes to you, the goods conform to the order confirmation and the agreed specification, and that we have the right to sell them to you. The remedies in "Inspection, defects and remedies" are your only remedies for a breach of this warranty.

For goods made to your specification, artwork or marks, we give no warranty that they do not infringe anyone's rights; you give that promise to us under "Specification, samples and your designs". For other goods, our only promise about infringement is that we know of no claim that they infringe when we confirm the order.

Except for the warranty in this section, we give no other warranty, express or implied. We disclaim all implied warranties, including any implied warranty of merchantability and any implied warranty of fitness for a particular purpose.

Limitation of liability

We are not liable for any loss of profit, revenue, sales or business, for any loss arising from the suspension, delisting or removal of your products or seller account on any sales channel, or for any indirect, incidental, special or consequential loss, whether the claim is in contract, tort (including negligence), strict liability or otherwise.

Our total liability for all claims arising from an order is limited to the price paid or payable for the goods in that order.

These limits apply even if a remedy in these terms fails of its essential purpose. They do not apply to liability for fraud, gross negligence or wilful misconduct, or to any liability that the law does not allow to be limited.

Events beyond our control

Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disasters, epidemics, war, strikes, port closures, carrier failures, or government action such as new export controls. Payment obligations are not excused. If such an event delays an order for longer than the time stated for it in the order confirmation, or where none is stated for longer than 30 days, either party may cancel the part not yet delivered by notice in writing, and we refund what you paid for that part, less the costs already committed that we cannot recover, which we list for you in writing.

If the factory fails. If the factory making your order closes, becomes insolvent, or refuses or becomes unable to complete the order for a reason other than an event in the paragraph above, or is added to the Uyghur Forced Labor Prevention Act Entity List before your goods ship, and you did not cause it, we tell you promptly and this paragraph applies instead of that one. We may offer to have the part not yet delivered made at another factory at the same price, with new dates. If we do not make that offer, or you decline it, the part not yet delivered is cancelled and we refund in full, within 30 days, what you paid us for it. The limits in "Limitation of liability" still apply.

Confidentiality

Each of us keeps confidential the other's non-public information received under an order, including our prices, our quotes and the identity of our factories, and uses it only for that order (for factory details, "Factory identity" sets the permitted uses). This does not cover information that is public, that you or we already held, that you or we receive from someone else who was free to share it, or that the law requires to be disclosed. This duty lasts for three years after the order, and for as long as the information stays non-public for anything that identifies or describes our factories.

Law and disputes

These terms and every order are governed by the laws of the State of Texas, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The state courts in Travis County, Texas, and the United States District Court for the Western District of Texas, Austin Division, have exclusive jurisdiction over any dispute arising from these terms or an order, and each party submits to them.
Time limit for legal action. Each of us must start any legal action arising from these terms or an order within two years after the cause of action accrues, or the claim is barred. This time limit does not apply to a claim to be defended or paid under these terms, or to a fee under "Buying direct from the factory" that you did not report to us.
Legal costs. In any legal action arising from these terms or an order, the party that prevails, meaning the party that obtains most of the relief it seeks or defeats the claim against it, recovers its reasonable legal fees and costs from the other.
WAIVER OF JURY TRIAL. YOU AND WE EACH KNOWINGLY AND VOLUNTARILY GIVE UP ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION ARISING FROM THESE TERMS OR AN ORDER.

General

Notices. Notices go by email: to us at hello@manufacturerquotes.com, and to you at the email address you used for the order.
Assignment. You may not transfer your rights under an order without our written consent. We may transfer our rights and obligations under an order to a business that takes over the Manufacturer Quotes business, by telling you in writing.
Whole agreement. The order confirmation, any compliance record for the order and these terms are the whole agreement about an order and replace earlier quotes, messages and discussions about it.
Severability. If a court finds part of these terms unenforceable, the rest stays in force, and the part is enforced as far as the law allows.
No waiver. If we do not enforce a term straight away, we can still enforce it later.
Sanctions. Each of us confirms that it is not, and is not owned or controlled by, a person named on a US sanctions list. We may refuse, suspend or cancel an order if performing it would breach US sanctions or export control law, and you will not resell or send the goods in breach of those laws.
What continues. Every term that by its nature applies after an order is completed or cancelled continues, including the sections on payment, you are the importer, factory identity, buying direct from the factory, regulated products, product safety and claims, specification, samples and your designs, inspection, defects and remedies, warranty, events beyond our control, confidentiality, limitation of liability, and law and disputes.