1.1 These Terms and Conditions (“Terms”) govern the use of the website marcasupply.com (“Website”) and the supply of products and services by Marca Supply Co., a brand operated by Roberts Franchising OPC (SEC Registration No. 2022090070257-06), with its registered office at Solinea Tower, Cardinal Rosales Avenue, Cebu Business Park, Cebu City 6000, Philippines (hereinafter referred to as “Marca Supply Co.”, “we”, “us” or “our”).
1.2 By accessing or using the Website, requesting a quotation, or placing an order with Marca Supply Co., you (“Client”, “you” or “your”) confirm that you have read, understood and agree to be bound by these Terms in full.
1.3 If you do not agree to these Terms, you must not use the Website or place any order with us.
1.4 These Terms apply to all transactions between Marca Supply Co. and the Client and supersede any prior agreements, representations or understandings unless expressly agreed in writing.
1.5 By placing an order, you warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract under the laws of the Philippines.
1.6 Marca Supply Co. reserves the right to refuse service or decline any order at our sole discretion.
In these Terms, the following words and phrases have the meanings set out below:
“Client” refers to the individual, business or entity that requests a quotation, places an order or otherwise engages with Marca Supply Co. for products or services.
“Marca Supply Co.”, “we”, “us”, “our” refers to Marca Supply Co., a brand operated by Roberts Franchising OPC, with its registered office at Solinea Tower 1, Cardinal Rosales Avenue, Cebu Business Park, Cebu City 6000, Philippines.
“Products” refers to the custom branded merchandise manufactured and supplied by Marca Supply Co. including but not limited to bar mats, coasters, keychains, patches, magnets, lapel pins, bottle openers, menu covers, placemats, apparel, stationery and any other items produced upon order.
“Services” refers to all design, mockup creation, manufacturing, quality control, packaging, shipping coordination and related services provided by Marca Supply Co.
“Order” refers to a confirmed instruction from the Client to Marca Supply Co. to manufacture and supply Products, following acceptance of a quotation and approval of a mockup.
“Quotation” refers to a formal pricing proposal issued by Marca Supply Co. to the Client based on the Client’s specifications.
“Mockup” refers to a digital rendering or visual representation of the proposed Product featuring the Client’s branding, provided for review and approval prior to production.
“Deposit” refers to the upfront payment required from the Client before production of an Order commences.
“Terms” refers to these Terms and Conditions in their entirety, including any updates or amendments published from time to time.
“Website” refers to marcasupply.com and all subdomains and pages thereof.
“Confidential Information” refers to any proprietary, technical, business, financial or commercial information disclosed by either party in connection with an Order, including designs, pricing, client lists and manufacturing processes.
“Force Majeure” refers to events beyond the reasonable control of either party including but not limited to natural disasters, pandemics, government restrictions, labour strikes, supply chain disruptions and acts of war.
3.1 All Products supplied by Marca Supply Co. are custom manufactured to order based on the specifications agreed between Marca Supply Co. and the Client. We do not hold ready made inventory and no Products are mass produced for general sale.
3.2 Product specifications including but not limited to dimensions, materials, colours, finishes, branding, design and quantity must be agreed in writing between both parties before production commences.
3.3 Final specifications are confirmed via approval of a Mockup. Once the Client has approved the Mockup in writing, the specifications shown in that Mockup form the agreed basis for production.
3.4 Whilst Marca Supply Co. makes every effort to match colours, finishes and dimensions exactly to the approved Mockup, the Client acknowledges that minor variations may occur between the digital Mockup and the final manufactured Product. These may include but are not limited to slight differences in colour shade due to screen calibration, manufacturing tolerances of up to plus or minus 5% in dimensions and natural variations in materials such as rubber, leather and fabric.
3.5 The Client is responsible for ensuring that any logos, artwork, text or other branding materials provided to Marca Supply Co. are of sufficient quality and resolution for manufacturing purposes. Marca Supply Co. accepts no responsibility for the quality of final Products where the original artwork supplied by the Client was inadequate.
3.6 The Client warrants that they hold the necessary rights, licences and permissions to use any logos, artwork or trademarks supplied to Marca Supply Co. for manufacturing purposes and indemnifies Marca Supply Co. against any claims arising from infringement of third party intellectual property rights.
3.7 Marca Supply Co. reserves the right to refuse any Order where the requested specifications are not feasible for manufacture, or where the artwork supplied infringes upon the intellectual property of third parties.
4.1 All Quotations issued by Marca Supply Co. are based on the specifications, quantity and timeline provided by the Client at the time of enquiry. Any change to the specifications may result in a revised Quotation.
4.2 Unless otherwise stated in writing, Quotations are valid for fourteen (14) days from the date of issue. After this period Marca Supply Co. reserves the right to revise pricing in line with current material costs, manufacturing rates and exchange rates.
4.3 All prices are quoted in United States Dollars (USD) unless otherwise agreed in writing. Where pricing is provided in another currency, conversion is calculated based on the prevailing exchange rate at the date of Quotation.
4.4 Prices quoted are exclusive of:
a) Shipping, freight and delivery charges, which are quoted separately based on the destination, weight, dimensions and chosen mode of transport;
b) Import duties, taxes, customs clearance fees and any other charges levied by the destination country, which are the sole responsibility of the Client;
c) Any additional revisions, sampling, or rush production fees agreed separately with the Client.
4.5 Marca Supply Co. reserves the right to amend pricing at any time prior to the Client’s acceptance of a Quotation. Once a Quotation has been accepted in writing by the Client, the pricing for that specific Order is fixed except in the case of:
a) Significant fluctuations in raw material costs occurring before production commences;
b) Changes to specifications or quantity requested by the Client after acceptance;
c) Force Majeure events affecting manufacturing or supply chains.
4.6 All applicable taxes including but not limited to Value Added Tax (VAT) will be added to the Quotation where required by Philippine law or the law of the destination country.
4.7 Acceptance of a Quotation must be confirmed in writing by the Client. Acceptance may be communicated via email or other written digital communication.
5.1 An Order is formally placed once the Client has:
a) Accepted a Quotation in writing;
b) Approved the Mockup in writing; and
c) Made full payment (or such other payment arrangement as may be agreed in writing).
5.2 Production of an Order shall not commence until all of the conditions in clause 5.1 have been met.
5.3 Marca Supply Co. operates on a full upfront payment basis for all Orders unless otherwise agreed in writing. The full Order value, inclusive of Products and shipping (where applicable), is payable prior to production.
5.4 Alternative payment terms, including partial deposits or credit terms, may be offered at the sole discretion of Marca Supply Co. on a case by case basis. Such arrangements must be agreed in writing prior to the commencement of production and may be subject to additional verification or documentation.
5.5 Marca Supply Co. accepts the following methods of payment:
a) Bank transfer;
b) PayPal;
c) Wise;
d) Credit card; and
e) Such other methods as may be agreed in writing.
5.6 Any bank charges, transaction fees or payment processing fees incurred in the transfer of funds to Marca Supply Co. are the sole responsibility of the Client. The amount received by Marca Supply Co. must equal the total Order value after any such fees are deducted.
5.7 Should payment fail, be reversed, charged back or otherwise not be honoured for any reason, production shall be suspended and the Client shall be liable for any costs already incurred by Marca Supply Co. in connection with the Order.
5.8 In the event of late payment under any agreed payment terms, Marca Supply Co. reserves the right to:
a) Suspend production until payment is received;
b) Withhold shipment of completed Products;
c) Charge interest on overdue amounts at a rate of 2% per month or the maximum rate permitted by law, whichever is lower;
d) Recover any reasonable costs incurred in pursuing the overdue payment.
5.9 All Orders are non cancellable once production has commenced. The Client acknowledges that Products are manufactured to bespoke specifications and cannot be resold or repurposed by Marca Supply Co.
6.1 Marca Supply Co. provides Mockups to the Client free of charge as part of the Order process. Mockups are digital renderings or visual representations of the proposed Product featuring the Client’s branding, intended to allow the Client to review and approve the design prior to production.
6.2 Up to two (2) rounds of revisions to a Mockup are included free of charge. Each revision round may include adjustments to colours, dimensions, branding placement, finishes or other design elements as reasonably requested by the Client.
6.3 Where the Client requests revisions beyond the included two (2) rounds, or where revisions are deemed by Marca Supply Co. to be excessive or substantially outside the scope of the original brief, Marca Supply Co. reserves the right to charge a design fee for further revisions. Any such fee will be communicated to the Client in writing prior to commencement of additional work.
6.4 Final approval of the Mockup must be confirmed by the Client in writing. Approval may be communicated via:
a) Email confirmation; or
b) A signed approval document.
6.5 Once a Mockup has been approved in writing by the Client, the specifications shown in that Mockup form the binding basis for production. The Client acknowledges that:
a) Marca Supply Co. will produce Products to match the approved Mockup as closely as possible within reasonable manufacturing tolerances;
b) The Client cannot dispute the design, branding, layout or specifications of the final Product where these match the approved Mockup;
c) Any changes to the design after Mockup approval may delay production and may incur additional costs which will be communicated to the Client in writing.
6.6 The Client is responsible for thoroughly reviewing each Mockup before providing approval, including checking spelling, branding accuracy, colours, dimensions and any other specifications. Marca Supply Co. accepts no responsibility for errors that were present in the approved Mockup.
6.7 Mockups remain the intellectual property of Marca Supply Co. until an Order has been placed and full payment received. The Client may not reproduce, distribute or use Mockups for any purpose other than reviewing and approving the design.
6.8 Where a Client requests a Mockup but does not proceed to place an Order, Marca Supply Co. retains all rights to the Mockup and may use the underlying design concepts for other clients, provided no Client specific branding is reused.
7.1 Production of an Order shall commence only after all conditions in clause 5.1 have been met, including final Mockup approval and receipt of payment in accordance with the agreed terms.
7.2 Typical production lead times range between fifteen (15) and thirty (30) days depending on the Product type, order quantity, complexity of specifications and current production schedules. Specific lead times shall be communicated to the Client at the time of Quotation or Order confirmation.
7.3 Lead times are estimates only and do not constitute a guaranteed delivery date. Whilst Marca Supply Co. makes every effort to meet communicated timelines, the Client acknowledges that:
a) Production timelines may be affected by factors outside our reasonable control including raw material availability, manufacturing capacity, supplier delays and quality control requirements;
b) Marca Supply Co. shall not be held liable for any losses, damages or costs arising from delays in production timelines.
7.4 Marca Supply Co. shall keep the Client reasonably informed of production progress and shall notify the Client promptly of any anticipated material delays.
7.5 Rush Production. Where the Client requires an expedited production timeline, Marca Supply Co. may offer rush production on a case by case basis. Acceptance of rush orders is at the sole discretion of Marca Supply Co. and may be subject to:
a) An additional rush production fee, communicated in writing prior to commencement;
b) Limitations on order quantity, product type or specifications;
c) Confirmation that rush production capacity is available within the requested timeframe.
7.6 Force Majeure. Neither party shall be liable for any failure or delay in performance of their obligations under these Terms where such failure or delay arises from circumstances beyond their reasonable control, including but not limited to:
a) Natural disasters, earthquakes, typhoons, floods or extreme weather events;
b) Pandemics, epidemics or public health emergencies;
c) Government actions, restrictions, embargoes or changes in law;
d) Strikes, labour disputes or industrial action;
e) Supply chain disruptions, port closures or freight interruptions;
f) Acts of war, terrorism or civil unrest;
g) Power failures, internet outages or critical infrastructure failures.
7.7 Where a Force Majeure event affects an Order, Marca Supply Co. shall notify the Client as soon as reasonably practicable and shall use reasonable efforts to mitigate the impact. The affected timeline shall be extended by a period equivalent to the duration of the Force Majeure event.
8.1 Marca Supply Co. offers the following shipping arrangements for completed Orders:
a) Coordinated Shipping — Marca Supply Co. will coordinate shipping on behalf of the Client through our trusted freight forwarders, providing an itemised shipping quotation prior to dispatch; or
b) Client Arranged Shipping — The Client may arrange their own freight forwarder to collect the Products from our facility, in which case the Client assumes full responsibility for coordinating the collection, transportation and delivery of the Products.
8.2 Shipping methods may include air freight, sea freight or express courier services. The most suitable method shall be determined based on the Client’s preferences, budget, timeline and the nature of the Order.
8.3 Shipping costs are quoted separately from the cost of Products and are based on factors including but not limited to:
a) Total weight and dimensions of the shipment;
b) Destination country and delivery address;
c) Chosen mode of transport;
d) Prevailing freight rates at the time of dispatch;
e) Insurance, handling and fuel surcharges.
8.4 The applicable Incoterms for each Order shall be agreed in writing between Marca Supply Co. and the Client prior to dispatch. In the absence of a specifically agreed Incoterm, the default arrangement shall be FOB (Free On Board) from the port of origin.
8.5 Risk of Loss. Risk of loss or damage to the Products shall transfer from Marca Supply Co. to the Client upon dispatch from our facility or as otherwise determined by the agreed Incoterms. The Client is responsible for arranging appropriate cargo insurance where desired.
8.6 Delivery Timelines. Delivery timelines are estimates only and depend on the chosen shipping method, destination, customs clearance and other factors outside the reasonable control of Marca Supply Co. As a general guide:
a) Air freight typically arrives within 5 to 10 working days from dispatch;
b) Sea freight typically arrives within 20 to 40 working days from dispatch depending on destination;
c) Express courier typically arrives within 3 to 7 working days from dispatch.
8.7 Marca Supply Co. is not liable for delays in delivery caused by freight forwarders, shipping carriers, customs authorities, weather conditions or any other parties or events outside our reasonable control.
8.8 The Client is responsible for providing accurate and complete delivery information including consignee name, delivery address, contact number and any special instructions. Marca Supply Co. accepts no responsibility for delays, additional costs or lost shipments resulting from incorrect or incomplete information provided by the Client.
8.9 In the event that a shipment is returned to Marca Supply Co. due to incorrect Client information, refusal of delivery, or failure to clear customs, the Client shall be liable for all associated return shipping costs, storage fees and any subsequent re-shipping costs.
9.1 The Client is solely responsible for all import duties, customs charges, taxes, tariffs, brokerage fees and any other charges imposed by the destination country in connection with the importation of the Products.
9.2 Marca Supply Co. does not collect or remit import duties, taxes or customs charges on behalf of the Client. All such charges are payable directly by the Client to the relevant authorities or shipping agents in the destination country.
9.3 The Client is responsible for:
a) Understanding the import regulations, restrictions and documentation requirements of their country prior to placing an Order;
b) Ensuring that the Products being imported comply with all local laws, regulations and standards;
c) Providing any documentation, certifications or declarations required by the destination country to clear the Products through customs;
d) Settling any duties, taxes or fees promptly to avoid delays in delivery.
9.4 Marca Supply Co. shall provide reasonable assistance with standard export documentation including but not limited to commercial invoices, packing lists and certificates of origin where required.
9.5 Marca Supply Co. accepts no liability for:
a) Delays in customs clearance, regardless of cause;
b) Additional charges, fines or penalties imposed by customs authorities;
c) Seizure, destruction or confiscation of Products by customs authorities;
d) Changes to import regulations or tariffs occurring between Order placement and delivery.
9.6 In the event that customs authorities require additional information, inspection or documentation, the Client must respond promptly. Any delays caused by the Client’s failure to respond or provide requested information are the sole responsibility of the Client.
9.7 Where the Client refuses to pay applicable duties or taxes resulting in the return or destruction of the shipment, the Client shall remain liable for the full Order value and any associated return, storage or destruction costs.
10.1 Quality Assurance. Marca Supply Co. is committed to producing Products to the highest possible standard. Every Order undergoes quality inspection prior to dispatch from our facility to ensure that the finished Products meet the specifications shown in the approved Mockup.
10.2 Manufacturing Tolerances. The Client acknowledges that custom manufactured Products may exhibit minor variations from the approved Mockup including but not limited to:
a) Slight differences in colour shade due to natural variations in materials and printing or moulding processes;
b) Dimensional variations of up to plus or minus 5% from the specified measurements;
c) Minor cosmetic imperfections that do not materially affect the function or overall appearance of the Product.
These variations are an inherent part of custom manufacturing and do not constitute defects.
10.3 No Returns for Change of Mind. As all Products are custom manufactured to the Client’s specifications, Products are not returnable for change of mind, dissatisfaction with the design, or any reason other than genuine manufacturing defects. The Client is responsible for ensuring all specifications are correct prior to approving the Mockup.
10.4 Reporting Quality Issues. Where the Client believes the Products are defective or do not materially match the approved Mockup, the Client must:
a) Notify Marca Supply Co. in writing within forty eight (48) hours of receipt of the Products;
b) Provide clear photographic and video evidence of the alleged defects;
c) Retain the affected Products and packaging for inspection.
10.5 Claims received outside the 48 hour window or without supporting evidence may not be considered.
10.6 Resolution. Upon receipt of a valid quality claim, Marca Supply Co. shall review the evidence and determine, at our sole and reasonable discretion, the appropriate remedy. Available remedies may include:
a) Replacement of the defective Products at no additional cost to the Client;
b) Partial or full refund of the affected Products;
c) Credit toward a future Order; or
d) Such other remedy as Marca Supply Co. deems appropriate in the circumstances.
10.7 The selection of remedy shall rest entirely with Marca Supply Co. The Client acknowledges that the chosen remedy shall constitute full and final settlement of the claim.
10.8 Liability Cap. The maximum liability of Marca Supply Co. in respect of any quality claim is limited to the value of the affected Products as paid by the Client. Marca Supply Co. shall not be liable for any indirect, consequential or special damages including but not limited to loss of profits, loss of business, loss of opportunity or reputational damage.
10.9 Excluded Claims. Marca Supply Co. shall not be liable for:
a) Damage caused after delivery including damage during installation, use or storage by the Client;
b) Damage caused by the Client or third parties during handling, transport or use;
c) Normal wear and tear from use of the Products;
d) Defects arising from errors in the artwork or specifications supplied by the Client and approved in the Mockup;
e) Products that have been altered, modified or used in a manner inconsistent with their intended purpose.
11.1 Client Intellectual Property. The Client retains all rights, title and interest in any intellectual property provided to Marca Supply Co. in connection with an Order, including but not limited to logos, trademarks, artwork, designs, brand names, slogans and any other proprietary materials (“Client IP”).
11.2 Licence to Use Client IP. By providing Client IP to Marca Supply Co., the Client grants Marca Supply Co. a non exclusive, royalty free, worldwide licence to use, reproduce, modify and incorporate the Client IP solely for the purposes of:
a) Producing Mockups and renders;
b) Manufacturing the Products as agreed in the Order;
c) Demonstrating completed work in our portfolio, marketing materials, website and social media channels, unless the Client expressly requests in writing that their branding not be used for such purposes.
11.3 Client Warranties. The Client warrants and represents that:
a) They are the lawful owner of, or have the necessary rights and authorisations to use, all Client IP provided to Marca Supply Co.;
b) The Client IP does not infringe upon the intellectual property rights, trademarks, copyrights or other proprietary rights of any third party;
c) Marca Supply Co.’s use of the Client IP in accordance with these Terms will not give rise to any claim by any third party.
11.4 Indemnity. The Client agrees to fully indemnify and hold harmless Marca Supply Co. against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:
a) Any breach of the warranties in clause 11.3;
b) Any allegation that the Client IP infringes the intellectual property rights of a third party;
c) Any unauthorised use of trademarks, copyrighted materials or other protected works supplied to Marca Supply Co. by the Client.
11.5 Marca Supply Co. Intellectual Property. All intellectual property created, developed or owned by Marca Supply Co. remains the sole property of Marca Supply Co. This includes but is not limited to:
a) Manufacturing methods, processes and techniques;
b) Product designs, moulds and templates that are not specific to a Client’s branding;
c) The Marca Supply Co. name, logo, branding, website content, photography, catalogue and marketing materials;
d) Mockup formats, layout templates and presentation styles.
11.6 Mockup Ownership. All Mockups produced by Marca Supply Co. remain the intellectual property of Marca Supply Co. until full payment for the relevant Order has been received. The Client may not reproduce, distribute, share or use Mockups for any purpose other than reviewing and approving the design.
11.7 Unused Mockups. Where a Mockup has been created but no Order is placed by the Client, Marca Supply Co. retains all rights to the underlying design and may use the design concepts, layouts and product configurations for other clients, provided no Client specific branding is reused without written consent.
11.8 Right of Refusal. Marca Supply Co. reserves the right to refuse any Order that, in our reasonable opinion, may involve the unauthorised reproduction of trademarked, copyrighted or otherwise protected intellectual property.
12.1 Confidential Information. In the course of doing business together, both Marca Supply Co. and the Client may disclose or have access to information that is confidential or proprietary in nature (“Confidential Information”). This includes but is not limited to:
a) Order specifications, designs, mockups and pricing;
b) Business strategies, marketing plans and product launches;
c) Client lists, supplier details and commercial relationships;
d) Manufacturing methods, technical processes and trade secrets;
e) Financial information, pricing structures and payment terms;
f) Any other information that is identified as confidential or that, by its nature, would reasonably be considered confidential.
12.2 Obligations of Confidentiality. Each party agrees to:
a) Keep all Confidential Information of the other party strictly confidential;
b) Use Confidential Information solely for the purposes of performing obligations under these Terms;
c) Not disclose Confidential Information to any third party without the prior written consent of the disclosing party;
d) Take reasonable steps to protect Confidential Information from unauthorised access, use or disclosure;
e) Limit access to Confidential Information to employees, contractors and advisors who have a legitimate need to know and who are bound by confidentiality obligations no less stringent than those set out in these Terms.
12.3 Exceptions. The obligations of confidentiality in clause 12.2 do not apply to information that:
a) Is or becomes publicly available through no fault of the receiving party;
b) Was already known to the receiving party prior to disclosure, as evidenced by written records;
c) Is independently developed by the receiving party without reference to the Confidential Information;
d) Is required to be disclosed by law, court order or regulatory authority, in which case the receiving party shall promptly notify the disclosing party where legally permitted.
12.4 Duration. The obligations of confidentiality under this clause shall:
a) Continue for the duration of the business relationship between Marca Supply Co. and the Client; and
b) Survive the termination or completion of any Order for a period of three (3) years thereafter.
12.5 Marca Supply Co. Portfolio Rights. Notwithstanding the above, the Client acknowledges and agrees that Marca Supply Co. may, unless expressly requested otherwise in writing, display photographs and descriptions of completed Products in our portfolio, marketing materials, website, social media and promotional content. Where Client branding is shown, this constitutes acknowledgement of the work performed and does not breach this confidentiality clause.
12.6 Return of Confidential Information. Upon written request following the completion or termination of an Order, each party shall promptly return or securely destroy any Confidential Information of the other party in their possession, except where retention is required by law or for reasonable internal record keeping purposes.
12.7 Breach. The parties acknowledge that a breach of this clause may cause irreparable harm to the disclosing party for which monetary damages alone may not be sufficient. In addition to any other available remedies, the disclosing party shall be entitled to seek injunctive or equitable relief to prevent or remedy any such breach.
13.1 General Limitation. To the maximum extent permitted by law, the total aggregate liability of Marca Supply Co. to the Client arising out of or in connection with any Order, these Terms or any related dealings shall not exceed the total amount actually paid by the Client to Marca Supply Co. for the specific Order giving rise to the claim.
13.2 Exclusion of Indirect Losses. In no event shall Marca Supply Co. be liable to the Client for any:
a) Loss of profits, revenue, business or anticipated savings;
b) Loss of opportunity, goodwill or reputation;
c) Loss of contracts, customers or future business;
d) Loss of data, time or productivity;
e) Indirect, incidental, special, consequential, punitive or exemplary damages of any kind;
whether arising in contract, tort, negligence, breach of statutory duty or otherwise, even if Marca Supply Co. has been advised of the possibility of such losses.
13.3 No Liability for Third Parties. Marca Supply Co. shall not be liable for any acts, omissions, delays or failures of third parties including but not limited to:
a) Freight forwarders, shipping carriers and courier services;
b) Customs authorities and government agencies;
c) Payment processors and financial institutions;
d) Suppliers of raw materials or components;
e) Any other third party not directly employed by Marca Supply Co.
13.4 No Liability for Client Errors. Marca Supply Co. shall not be liable for any losses, damages or costs arising from:
a) Errors, omissions or inaccuracies in artwork, branding, specifications or instructions supplied by the Client;
b) The Client’s failure to review and approve Mockups thoroughly prior to production;
c) The Client’s failure to provide accurate delivery, customs or contact information;
d) The Client’s misuse, modification or improper handling of the Products following delivery.
13.5 Reasonable Allocation of Risk. The Client acknowledges that the limitations and exclusions of liability in these Terms reflect a fair and reasonable allocation of risk between the parties, taking into account the nature of the Products, the pricing structure and the custom manufacturing process.
13.6 No Exclusion of Non Excludable Liability. Nothing in these Terms shall operate to exclude or limit liability that cannot lawfully be excluded or limited under applicable law, including liability for:
a) Death or personal injury caused by negligence;
b) Fraud or fraudulent misrepresentation;
c) Any other liability that cannot be limited or excluded by law.
13.7 Time Limitation on Claims. Any claim brought by the Client against Marca Supply Co. arising out of or in connection with an Order must be brought within twelve (12) months of the date on which the cause of action arose. Claims brought after this period shall be barred.
14.1 Termination by Client Prior to Payment. The Client may withdraw from a proposed Order at any time prior to making payment without any obligation or penalty, except for any agreed fees for design work or revisions already provided.
14.2 No Cancellation After Production Commences. Once payment has been received and production of an Order has commenced, the Order cannot be cancelled by the Client. The Client acknowledges that:
a) Products are custom manufactured to bespoke specifications and cannot be resold or repurposed by Marca Supply Co.;
b) Any cancellation attempt after production has commenced will not entitle the Client to any refund;
c) The Client remains fully liable for the total Order value notwithstanding any cancellation attempt.
14.3 Termination by Marca Supply Co.. Marca Supply Co. may terminate or suspend an Order, or refuse to provide further Services, at our sole discretion in the following circumstances:
a) The Client fails to make payment in accordance with the agreed terms;
b) The Client provides false, misleading or fraudulent information;
c) The Client materially breaches any provision of these Terms;
d) The Order involves or is reasonably suspected to involve the unauthorised use of third party intellectual property;
e) The Client engages in abusive, threatening or unprofessional conduct toward Marca Supply Co. or our personnel;
f) The Order becomes unviable due to factors outside our reasonable control, including Force Majeure events as defined in clause 7.6;
g) The Client becomes insolvent, enters administration, files for bankruptcy or ceases trading.
14.4 Consequences of Termination by Marca Supply Co.. Where Marca Supply Co. terminates an Order under clause 14.3:
a) Marca Supply Co. shall be entitled to retain any amounts already paid by the Client up to the value of work completed and costs incurred at the point of termination;
b) The Client shall remain liable for any outstanding amounts owed for work performed or materials procured prior to termination;
c) Marca Supply Co. shall have no further obligation to deliver the Order or provide any associated Services;
d) Marca Supply Co. reserves the right to pursue any additional remedies available at law for losses incurred.
14.5 Effect on Completed Orders. Termination of one Order or the business relationship does not affect any Order already completed and delivered or any rights and obligations that have accrued prior to termination.
14.6 Surviving Clauses. The termination of these Terms or any Order shall not affect those clauses which by their nature are intended to survive termination, including but not limited to clauses relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnities and Governing Law.
15.1 Governing Law. These Terms and any contract formed between Marca Supply Co. and the Client, including any dispute, claim or matter arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of laws principles.
15.2 Jurisdiction. The Client agrees that any dispute, claim or matter arising out of or in connection with these Terms or any Order shall be subject to the exclusive jurisdiction of the courts of Cebu City, Philippines, and the Client hereby submits to the personal jurisdiction of such courts.
15.3 Good Faith Resolution. Before commencing any formal legal proceedings, the parties agree to make reasonable efforts to resolve any dispute through good faith discussion. The complaining party shall provide written notice to the other party setting out:
a) The nature of the dispute;
b) The relief sought; and
c) A reasonable period (no less than fourteen (14) days) within which to respond.
15.4 Mediation. If the dispute cannot be resolved through direct discussion within thirty (30) days of the written notice, the parties agree to consider mediation conducted by a mutually agreed mediator in Cebu City prior to commencing court proceedings.
15.5 No Waiver. The failure or delay by either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision, nor shall it prevent that party from enforcing the right or provision in the future.
15.6 Language. These Terms are drafted in English. In the event of a translation being provided, the English version shall prevail in case of any inconsistency or dispute.
15.7 International Clients. Notwithstanding the location of the Client, by placing an Order with Marca Supply Co., the Client expressly agrees that Philippine law governs the contractual relationship and that the courts of Cebu City have exclusive jurisdiction over any disputes.
16.1 Right to Amend. Marca Supply Co. reserves the right to amend, modify, update or replace these Terms at any time and at our sole discretion. Updates may be made to reflect changes in:
a) Applicable laws and regulations;
b) Business practices, products or services;
c) Industry standards or operational requirements;
d) Pricing, payment or delivery arrangements.
16.2 Notice of Changes. The most current version of these Terms shall be published on the Website at marcasupply.com. The date of the latest revision shall be indicated at the top or bottom of the Terms.
16.3 Effective Date of Changes. Amendments to these Terms shall take effect immediately upon publication on the Website unless otherwise stated. Continued use of the Website or placement of further Orders after the publication of amended Terms shall constitute acceptance of the revised Terms.
16.4 Existing Orders. Amendments to these Terms shall not retroactively affect Orders that have already been confirmed and are in progress. The Terms in effect at the time of Order confirmation shall apply to that specific Order.
16.5 Material Changes. Where Marca Supply Co. makes material changes to these Terms that may significantly affect the rights or obligations of existing Clients, reasonable efforts shall be made to notify affected Clients via email or other written communication.
16.6 Client Responsibility. The Client is responsible for periodically reviewing these Terms to remain informed of any updates. If the Client does not agree to the amended Terms, the Client must cease using the Website and refrain from placing further Orders.
17.1 Contact Details. Any questions, notices or communications regarding these Terms or your dealings with Marca Supply Co. should be directed to:
Marca Supply Co.
A Brand of Roberts Franchising OPC
Solinea Towers, Cardinal Rosales Avenue
Cebu Business Park, Cebu City 6000
Philippines
Email: contact@marcasupply.com
Website: marcasupply.com
Telephone: +63 921 563 3542
17.2 Formal Notices. Any formal notice required to be given under these Terms shall be deemed delivered when sent by email to the addresses recorded for each party, provided that the sender does not receive a delivery failure notification.
17.3 Entire Agreement. These Terms, together with any Quotation accepted by the Client and any specific written agreement signed by both parties, constitute the entire agreement between Marca Supply Co. and the Client and supersede all prior negotiations, representations, understandings and agreements, whether oral or written.
17.4 Severability. If any provision of these Terms is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
17.5 Assignment. The Client may not assign, transfer or subcontract any of its rights or obligations under these Terms to any third party without the prior written consent of Marca Supply Co. Marca Supply Co. may assign or transfer its rights and obligations under these Terms to any successor, affiliate or acquirer of its business.
17.6 Relationship of the Parties. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment or fiduciary relationship between Marca Supply Co. and the Client. Each party acts as an independent contractor.
17.7 Third Party Rights. These Terms do not confer any rights or benefits on any third party. No person other than Marca Supply Co. and the Client shall have any right to enforce any provision of these Terms.
17.8 Headings. The headings and subheadings used in these Terms are for convenience and reference only and shall not affect the interpretation of these Terms.
17.9 Acknowledgement. By placing an Order with Marca Supply Co., the Client confirms that they have read, understood and agree to be bound by these Terms in their entirety.
Last Updated: MAY 2026
Marca Supply Co. — A Brand of Roberts Franchising OPC
