Last updated: June 2025
Please read these Terms and Conditions carefully before using the Shape Bend Form Union website or placing any order through our service. By accessing this website, submitting a quote request, or confirming an order, you agree to be bound by these Terms and Conditions in their entirety.
Shape Bend Form Union is a trade name operated by Ace Brains, Inc., a corporation incorporated in the State of New York, United States of America.
Throughout these Terms and Conditions, references to “Shape Bend Form Union,” “we,” “us,” and “our” refer to Ace Brains, Inc. References to “you,” “your,” and “Client” refer to the individual or business entity that accesses our website, requests a quote, or places an order through our service.
Our registered business address, contact email, and telephone number are available on our Contact page.
2.1 Sourcing Agent Relationship
Shape Bend Form Union operates as a sourcing agent and intermediary service, not as a manufacturer or direct seller of goods. We facilitate the sourcing, production coordination, and direct shipment of custom retail packaging, display stands, and brand extras from third-party manufacturers located in India and the People’s Republic of China on behalf of our Clients.
2.2 No Manufacturer Liability
Because we are not the manufacturer of any goods ordered through our service, we do not hold inventory, operate production facilities, or bear direct responsibility for the manufacturing process itself. Our obligations are limited to sourcing, coordinating, and managing the relationship with your chosen manufacturer as described in these Terms.
2.3 Air Freight Delivery
All orders placed through Shape Bend Form Union are fulfilled via air freight, shipped directly from the manufacturer’s facility to the Client’s specified delivery address in the United States, Canada, or Mexico. We do not offer sea freight or consolidated shipping options at this time.
2.4 Service Availability
Our services are available to Clients with delivery addresses located in the United States, Canada, and Mexico only. We reserve the right to decline service to any request outside these territories.
By placing an order or submitting a quote request, you represent and warrant that:
4.1 Quote Requests
Submitting a quote request through our website or by telephone creates no binding obligation on either party. All quotes are prepared in response to Client specifications and are subject to manufacturer pricing, material availability, and production capacity at the time the quote is issued.
4.2 Quote Validity
All quotes are valid for 14 calendar days from the date of issue unless otherwise stated in the quote document. After the validity period, quotes may be subject to revision due to changes in manufacturer pricing, raw material costs, freight rates, or currency exchange rates.
4.3 Quote Contents
Each quote issued by Shape Bend Form Union will clearly identify:
Import duties, taxes, and customs clearance charges are not included in any quote. These are the sole responsibility of the Client. See Section 10 for details.
4.4 Order Confirmation
An order is confirmed and binding only when: (a) the Client has provided written approval of the quote, (b) the Client has approved the final digital proof, and (c) the required deposit has been received and cleared. No production will begin prior to all three conditions being met.
4.5 Ace Brains, Inc. Discretion
We reserve the right to decline any quote request or order at our sole discretion, including but not limited to requests for products that are unlawful, infringe third-party intellectual property rights, or cannot be fulfilled by our manufacturer network to an acceptable quality standard.
5.1 Pricing Currency
All prices quoted and invoiced by Shape Bend Form Union are denominated in United States Dollars (USD) unless otherwise explicitly stated in writing.
5.2 Sourcing Fee
Our sourcing and coordination fee is incorporated into every quote and identified as a separate line item. This fee covers the work of sourcing, negotiating, coordinating production, managing quality inspection, and administering the shipment on your behalf.
5.3 Price Changes
Once an order is confirmed under Section 4.4, the quoted price is fixed. However, if the Client requests changes to the order specifications after confirmation (see Section 8), revised pricing will apply and must be approved in writing before production continues.
5.4 Taxes
Ace Brains, Inc. will apply applicable sales tax to invoices where required by law based on the jurisdiction of the transaction. It is the Client’s responsibility to advise us of any applicable tax exemptions and provide valid exemption documentation prior to invoicing.
6.1 Deposit
A non-refundable deposit of 50% of the total confirmed order value is required before production commences. This deposit covers tooling, plate setup, and production initiation costs that are incurred immediately upon order confirmation.
6.2 Balance Payment
The remaining 50% balance is due and payable prior to shipment of the completed goods. We will notify you when production is complete and goods are ready for dispatch. Shipment will not be released until the balance payment has been received and cleared.
6.3 Payment Methods
We accept payment via bank wire transfer (SWIFT/ACH), and major credit cards for eligible transactions. Specific payment instructions will be provided on your invoice.
6.4 Late Payment
If balance payment is not received within 7 calendar days of our production completion notification, we reserve the right to charge a late fee of 1.5% of the outstanding balance per month, and to hold your shipment until payment is received in full.
6.5 Refusal of Release
Completed goods will not be released for shipment under any circumstances until all outstanding balances owed to Ace Brains, Inc. are paid in full.
7.1 Client Responsibility for Artwork
The Client is solely responsible for providing print-ready artwork in the correct format, at the correct resolution, with correct bleed, color profiles, and all relevant specifications as communicated by Shape Bend Form Union. We are not responsible for print errors, color inaccuracies, or quality defects arising from incorrect, low-resolution, or improperly prepared artwork supplied by the Client.
7.2 Digital Proofs
Prior to production, we will provide the Client with a digital proof for review and written approval. The Client must carefully review all elements of the digital proof — including dimensions, artwork placement, bleed, color references, text, and any regulatory content — before approving.
7.3 Proof Approval
By providing written approval of a digital proof, the Client confirms that all elements are correct and accepts full responsibility for any errors in the approved proof that are subsequently reproduced in the final product. Shape Bend Form Union and Ace Brains, Inc. accept no liability for errors that were present in the approved proof.
7.4 Physical Samples
Where the Client has requested and approved a physical pre-production sample, production will proceed on the basis of that approved sample. Minor variations between the physical sample and mass-production output are inherent to manufacturing processes and do not constitute a defect, provided they are within commercially acceptable tolerance ranges.
7.5 Color Accuracy
Colors reproduced in the final product may vary slightly from on-screen representations, digital proofs, and physical samples due to normal variation in printing and material processes. Pantone-referenced colors will be matched as closely as the production method permits but cannot be guaranteed to be an exact match.
8.1 Changes After Confirmation
Once an order has been confirmed under Section 4.4, changes to specifications — including dimensions, quantities, materials, finishes, or artwork — may not be possible or may result in additional costs. Any request for changes must be submitted in writing to Shape Bend Form Union immediately. We will advise whether the change is feasible, what additional costs apply, and whether revised lead times are required. Changes are not binding until confirmed in writing by Shape Bend Form Union.
8.2 Cancellations
Because production setup costs are incurred immediately upon order confirmation, the 50% deposit is non-refundable in all circumstances once production has commenced. If a cancellation request is received before production has commenced, we will make reasonable efforts to halt the order and advise on any applicable refund of the deposit, less any costs already incurred.
8.3 Client-Initiated Delays
If the Client fails to provide approved artwork, proof approval, or balance payment within the timeframes communicated by Shape Bend Form Union, and this delay causes a production or shipment delay, Shape Bend Form Union bears no liability for the resulting change in delivery date.
9.1 Lead Times
Production lead times provided in quotes are estimates based on information available at the time of quoting. They are not guaranteed delivery dates. Shape Bend Form Union will communicate any significant changes to lead times as soon as we become aware of them.
9.2 Air Freight Transit
Air freight transit times from India or China to the Client’s delivery address are typically 3–7 business days after dispatch from the manufacturer. These are estimates provided by freight carriers and are not guaranteed by Shape Bend Form Union or Ace Brains, Inc.
9.3 Delivery Address
The Client is responsible for providing a correct and complete delivery address. Shape Bend Form Union accepts no liability for delays, losses, or additional costs arising from an incorrect or incomplete delivery address provided by the Client.
9.4 Risk of Loss
Risk of loss and damage to goods passes to the Client upon handover of the shipment to the air freight carrier at the point of export. Shape Bend Form Union will provide tracking information as soon as it is available from the carrier.
9.5 Force Majeure
Shape Bend Form Union and Ace Brains, Inc. shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, government actions, customs delays, port closures, carrier disruptions, or raw material shortages. In such circumstances, we will notify the Client promptly and make reasonable efforts to resume normal performance as soon as possible.
10.1 Client Responsibility
All import duties, customs fees, value-added taxes, goods and services taxes, and any other charges levied by the Client’s country of import are the sole responsibility of the Client. These charges are not included in Shape Bend Form Union’s quotes or invoices.
10.2 Documentation
Shape Bend Form Union will provide all standard commercial shipping documentation — including a commercial invoice, packing list, and applicable HS (Harmonized System) tariff codes — to support customs clearance of your shipment.
10.3 Customs Clearance
The Client is responsible for ensuring that their shipment clears customs in a timely manner. Shape Bend Form Union bears no liability for delays, storage charges, or additional costs arising from customs holds, inspections, or clearance issues in the destination country.
10.4 Prohibited and Restricted Goods
The Client represents and warrants that the products they are ordering do not violate any import restrictions, prohibitions, or regulatory requirements in their destination country. Shape Bend Form Union accepts no liability for goods seized, held, or destroyed by customs authorities.
11.1 Pre-Shipment Inspection
For most orders, a pre-shipment quality inspection is conducted prior to air freight dispatch. The nature and scope of the inspection (manufacturer self-inspection or third-party inspection) will be communicated to the Client in the order confirmation or quote documentation.
11.2 Acceptable Tolerance
Custom manufactured products are subject to industry-standard production tolerances. Minor variations in color, dimensions, and finish within commercially accepted tolerance ranges do not constitute a defect and do not give rise to any claim against Shape Bend Form Union or Ace Brains, Inc.
11.3 Quantity Variations
Manufacturing processes may result in minor over- or under-runs of up to 5% of the ordered quantity. Invoicing will reflect the actual quantity shipped. Shape Bend Form Union will notify the Client if a significant quantity deviation is identified prior to shipment.
12.1 Notification Period
Any claim for defective goods, incorrect goods, or short shipment must be submitted to Shape Bend Form Union in writing within 7 calendar days of the delivery date, accompanied by photographic evidence and a description of the issue. Claims submitted after this period will not be considered.
12.2 Assessment
Upon receipt of a valid claim, Shape Bend Form Union will investigate the issue with the manufacturer and advise the Client of our findings and proposed resolution within a reasonable time. Resolutions may include a replacement production run, a partial credit, or another remedy determined at our reasonable discretion based on the nature and extent of the defect.
12.3 Exclusions
Shape Bend Form Union and Ace Brains, Inc. will not accept liability for claims arising from: errors in Client-approved artwork or proofs; color variations within commercially accepted tolerances; damage occurring after delivery; misuse or improper storage of goods; or normal variation inherent to the manufacturing process.
12.4 Limitation of Liability
To the maximum extent permitted by applicable law, the total liability of Ace Brains, Inc. to the Client in respect of any claim arising from or related to any order shall not exceed the total amount paid by the Client for that specific order. In no event shall Ace Brains, Inc. be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, or reputational damage, even if advised of the possibility of such damages.
13.1 Client Artwork
The Client represents and warrants that they own or have full legal rights to all artwork, logos, brand marks, images, and other content supplied to Shape Bend Form Union for production purposes, and that such content does not infringe the intellectual property rights of any third party.
13.2 Indemnification
The Client agrees to indemnify, defend, and hold harmless Ace Brains, Inc. and its agents, employees, and contractors from and against any claims, damages, costs, or expenses (including reasonable legal fees) arising from any third-party allegation that Client-supplied artwork or content infringes a third party’s intellectual property rights.
13.3 Shape Bend Form Union Website Content
All content on the Shape Bend Form Union website — including text, images, design elements, and brand copy — is the property of Ace Brains, Inc. and is protected by applicable copyright and intellectual property laws. No content from this website may be reproduced, distributed, or used for any commercial purpose without prior written consent from Ace Brains, Inc.
Your use of this website and our services is subject to our Privacy Policy, which is incorporated into these Terms and Conditions by reference and available on our Privacy Policy page. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
15.1 Accuracy of Information
Shape Bend Form Union makes reasonable efforts to ensure that the information on this website is accurate and current. However, we do not warrant that all content is free from errors, and we reserve the right to update, correct, or remove content at any time without notice.
15.2 Availability
We do not guarantee uninterrupted access to this website. We may suspend, restrict, or terminate access to all or part of the website at any time for maintenance, security, or any other reason without prior notice.
15.3 Third-Party Links
This website may contain links to third-party websites. These links are provided for convenience only. Ace Brains, Inc. has no control over the content or practices of third-party websites and accepts no responsibility or liability for them.
16.1 Governing Law
These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law principles.
16.2 Jurisdiction
Both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York for the resolution of any dispute arising under or in connection with these Terms and Conditions.
16.3 Informal Resolution
Before initiating any formal legal proceeding, the Client agrees to contact Shape Bend Form Union in writing to describe the nature of the dispute and attempt to resolve it informally. Both parties agree to make reasonable good-faith efforts to resolve disputes informally for a period of at least 30 days before pursuing formal proceedings.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity and enforceability of the remaining provisions.
These Terms and Conditions, together with any confirmed quote, order confirmation, and our Privacy Policy, constitute the entire agreement between the Client and Ace Brains, Inc. with respect to the subject matter hereof, and supersede all prior and contemporaneous communications, representations, and agreements, whether written or oral.
Ace Brains, Inc. reserves the right to update or modify these Terms and Conditions at any time. Changes will be posted on this page with an updated effective date. Your continued use of this website or our services after any such changes constitutes your acceptance of the revised Terms and Conditions. We encourage you to review this page periodically.
If you have any questions about these Terms and Conditions, please contact us:
Ace Brains, Inc.
Operating as: Shape Bend Form Union
33 Nassau Ave,
Brooklyn, NY 11222,
United States
Email: legal@sbfunion.com
Phone: +1 (929) 895-3250
Website: www.sbfunion.com