Terms of Service
These terms cover sourcing, freight coordination, warehousing and order fulfillment. We have written them in plain English, because a document you cannot read is not a document you agreed to. Where something is genuinely outside our control, this page says so rather than burying it.
1. Who these terms are between
"We", "us" and "Source Launch Fulfill" mean Source Launch Fulfill. "You" means the person or company using our services. These terms apply when you request a quote, send us an inquiry, ship goods to one of our facilities, or engage us for sourcing, freight coordination, launch work or fulfillment.
If we sign a separate written agreement, a statement of work or a rate schedule with you, that document controls wherever it conflicts with this page. This page fills the gaps; it does not override a signed contract.
2. What we do, and what we are not
We source products from manufacturers, arrange third-party inspections, coordinate freight and customs clearance, run crowdfunding and social launch campaigns, and receive, store, pick, pack and ship orders from our US facilities.
We are not a licensed customs broker, freight forwarder or NVOCC. We work with licensed brokers and forwarders at every US port we use, and we coordinate with them on your behalf. Entry filings, classification rulings and the legal obligations that attach to a licensed broker are theirs, not ours. If you need a direct relationship with a broker, we will introduce you to one.
We are not a law firm, a customs attorney, an accountant or a product safety laboratory. Nothing on this site or in our correspondence is legal, tax or regulatory advice.
3. Quotes, estimates and prices
Quotes are estimates until confirmed in writing for a specific shipment or order. Ocean and air rates, fuel surcharges, and carrier capacity move week to week and sometimes day to day, and a rate we quoted three weeks ago may no longer exist.
Where a quote is based on dimensions, weights or volumes you supplied, it holds only if those figures are accurate. Carriers and warehouses re-measure. If the cartons arrive larger or heavier than declared, the charge follows the measured figure, and we will show you the measurement.
Calculators and reference material on this site are provided to help you plan. They are educational tools using published industry figures, not quotes, and we do not guarantee that any number they produce matches what you will actually be charged.
4. Sourcing and your relationship with the factory
Unless we have agreed in writing to purchase on your behalf, the contract for the goods is between you and the manufacturer. We identify and vet candidates, negotiate on your instructions, manage samples and communication, and coordinate production, but the purchase order is yours.
You approve samples before mass production. An approved sample is the reference standard for the run. We will tell you plainly when we think a sample is not good enough to approve.
Tooling, molds and dies paid for by you remain yours. We will document ownership at the time of payment. Factories do sometimes dispute this, which is exactly why the documentation happens up front.
5. What an inspection proves
Third-party inspections are sampling-based, normally to an AQL standard agreed with you before the inspection is booked. A passed inspection means a statistically drawn sample met the agreed standard on the day it was inspected. It is not a guarantee that every unit in the shipment is free of defects, and no inspection regime in the industry offers that.
We will tell you the sample size, the standard applied and the defects found, including the ones that passed within tolerance. If you need tighter tolerances or a full unit-by-unit check, we can arrange it, and it costs more and takes longer.
Inspection reports are produced by independent inspection firms. We pass them to you as received and do not edit them.
6. Freight, duties and customs
Unless agreed otherwise in writing, you are the importer of record. That means duties, tariffs, taxes, fines and penalties are your legal liability, and the accuracy of product classification, valuation and country of origin declarations rests with you. We assist, and we will flag anything that looks wrong, but we cannot assume that liability for you.
Tariff rates change by government action, sometimes with very little notice and sometimes retroactively. We do not control them and cannot indemnify you against them.
US Customs and Border Protection can hold, examine or seize any shipment at its discretion. Exams, holds and the storage and demurrage charges that accumulate during them are a cost of importing, and they are passed through to you at cost. We will chase a held shipment and keep you informed, but we cannot compel release.
Transit times quoted by carriers are estimates. Port congestion, weather, blank sailings, equipment shortages and labor action all move them. We do not guarantee arrival dates, and we will not pretend a date is firm when the carrier has not made it firm to us.
7. Storage, fulfillment and your inventory
Goods stored at our facilities remain your property. We hold them as a bailee, not as owner.
We count and inspect inbound freight against your packing list on arrival and report discrepancies to you at that point. Claims about quantity or condition must be raised within ten business days of our receiving report, because after that it becomes impossible to tell what happened in our building from what happened before the container was opened.
You are responsible for the accuracy of the product data you give us: dimensions, weights, barcodes, lot and expiry information, and any handling requirements. Orders are picked and shipped against that data.
Storage is billed from the date of receipt. Where inventory becomes obsolete, is abandoned, or cannot be shipped, storage charges continue to accrue until it is removed or disposed of on your written instruction.
We are not responsible for a carrier losing or damaging a parcel after it leaves our dock. We will file and pursue the claim on your behalf where we booked the shipment.
8. What you are responsible for
- Legality and compliance. Your products must comply with all applicable US and destination-market law, including CPSC, FDA, FCC, EPA and state requirements as they apply to your goods. We are not your compliance department.
- Intellectual property. You warrant that you own or are licensed to use every trademark, design, patent and copyright embodied in your products and packaging. We will stop work on anything we believe infringes a third party's rights.
- Accurate information. Specifications, dimensions, weights, values, HS codes, country of origin and product data must be accurate and complete.
- Insurance. Cargo and inventory insurance is your responsibility. See section 11.
- Prompt decisions. Sample approvals, artwork sign-off and shipping instructions gate the schedule. Delay in these moves your dates.
9. Goods we will not handle
We do not source, ship or store counterfeit or infringing goods, weapons or ammunition, explosives, controlled substances, cannabis and derived products, live animals, human remains, hazardous materials outside our licensed handling scope, or anything whose import or sale is unlawful in the destination market.
We also decline work we believe is intended to mislead consumers, and we reserve the right to decline any product or project without giving a reason. If we find prohibited goods in a shipment already in our custody, we will quarantine them, notify you, and where the law requires it, notify the relevant authority.
10. Payment, late invoices and our lien
Invoices are due on the terms stated on the invoice. Where no terms are stated, payment is due on receipt. Sourcing deposits, tooling costs, freight and duty are normally payable before the corresponding step proceeds.
Pass-through costs such as duty, demurrage, detention, exam fees and carrier surcharges are billed at cost, and we will show you the underlying document on request.
We have a lien on goods in our possession for unpaid charges relating to those goods, including storage, handling, freight and duty we have advanced on your behalf. This is a standard warehouse right and we would rather never use it. If an account goes seriously overdue we will contact you repeatedly and in writing before taking any step against the inventory, and we will follow the notice requirements the law imposes.
11. Liability, insurance and loss
Carrier liability for international freight is limited by international convention and by the carrier's own terms, and those limits are typically a small fraction of the value of the goods. Arrange cargo insurance. We will tell you how to do it and can introduce you to a broker, and we will keep saying so, because the client who skips it is the client who discovers the limit at the worst possible moment.
Our liability for our own services is limited to the fees you paid us for the specific service that gave rise to the claim. We are not liable for indirect or consequential loss, including lost profit, lost sales, lost funding, reputational harm or the consequences of a missed launch date.
Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud, or for death or personal injury caused by negligence.
12. Training programs
Our educational programs are provided for information only. We do not guarantee any financial or business outcome, and results vary by individual effort, product, capital and market conditions. Program materials are licensed to you for your own use and may not be resold, redistributed or taught as your own.
Where a program is offered on a waitlist, joining the waitlist is not a purchase, does not reserve a place, and creates no obligation on either side.
13. Confidentiality
Your product designs, supplier information, costs, volumes and launch plans are confidential. We do not share them with other clients, and we do not use your product as a case study or name you publicly without your written permission.
We expect the same in return for our pricing, our supplier relationships and our processes. Where a mutual non-disclosure agreement is signed, that agreement controls.
14. Ending the relationship
Either of us may end the relationship in writing. Work already in progress, goods already in transit and invoices already raised survive that: production runs cannot be unwound, and freight in motion has to land somewhere.
If you end the relationship while we hold your inventory, you are responsible for arranging removal within thirty days and for the outbound handling and any accrued storage. Inventory left beyond that continues to accrue storage and may be treated as abandoned after written notice.
15. Changes, law and the rest
We may update these terms. The version in force is the one published here on the date of your engagement, and we will keep the last updated date at the top of this page accurate. Material changes will be flagged to active clients directly rather than only posted here.
These terms are governed by the laws of the State of New York, without regard to its conflict of law rules.
If any clause is found unenforceable, the rest stays in force. A failure to enforce a clause is not a waiver of it.
Questions about any of this are welcome, and asking them before you ship is a great deal cheaper than asking them afterwards. Email bailey@sourcelaunchfulfill.com or use the contact page.