Terms & Conditions of Sale

1. Scope and priority

These Terms & Conditions of Sale are intended for business-to-business transactions. A Powerpak written quote, invoice, purchase order acceptance, signed agreement, or project-specific written term controls if it conflicts with this page. Customer purchase order terms, portal terms, or boilerplate terms do not change Powerpak's terms unless Powerpak expressly accepts the change in writing.

Website content, catalog content, sample images, videos, and informal conversations are for planning and information only. They are not binding specifications, price commitments, delivery commitments, or guarantees unless included in Powerpak's written quote or agreement.

2. Quotes, order acceptance, and project information

Quotes are based on the product details, quantities, artwork, drawings, materials, tolerances, approval requirements, and timing information available when the quote is prepared. Quotes may expire, be withdrawn, or be revised if project information changes or if material, freight, tooling, labor, or supplier costs change.

An order is accepted only when Powerpak confirms acceptance in writing or begins performance. Powerpak may decline or pause work if required information, approvals, deposits, customer-supplied materials, files, product samples, or credit requirements are incomplete.

3. Deposits, payment terms, taxes, and late payments

Deposits, progress payments, prepayment requirements, payment due dates, and credit terms will be stated in the applicable quote or invoice. Unless Powerpak agrees otherwise in writing, deposits and custom tooling charges are due before work begins and may be nonrefundable once engineering, procurement, tooling, sample work, production preparation, or supplier commitments begin.

Prices do not include taxes, duties, tariffs, freight, shipping insurance, installation, special handling, storage, or other charges unless those items are expressly included in writing. Customer is responsible for applicable taxes and government charges unless a valid exemption certificate is provided before invoicing.

Late balances may result in paused work, delayed shipment, finance charges where permitted by law, collection costs, and reasonable attorneys' fees. Powerpak may require payment before shipment or before releasing additional work if an account becomes overdue or credit risk changes.

4. Tooling, molds, fixtures, dies, and setup work

Tooling fees may cover design, engineering, setup, molds, fixtures, dies, nests, plates, samples, revisions, supplier charges, or project-specific preparation. Tooling ownership, possession, maintenance, storage, transfer rights, and replacement responsibilities must be stated in writing. Payment of a tooling fee does not automatically transfer ownership of Powerpak know-how, standard designs, reusable components, machine adaptations, production methods, CAD files, vendor files, or confidential manufacturing information.

Customer-owned tooling, if expressly identified in writing, remains subject to payment in full, storage limits, maintenance requirements, wear, replacement needs, and any unpaid balances. Tooling may require repair, replacement, or modification if product design, materials, artwork, package style, tolerances, or production requirements change.

5. Customer-supplied materials and files

Customer is responsible for the accuracy, usability, rights, safety, compliance, and timely delivery of customer-supplied products, samples, packaging components, artwork, drawings, dielines, specifications, labels, instructions, and materials. Customer-supplied items must be suitable for the intended packaging process and provided in sufficient quantities for testing, setup, samples, production, spoilage, and quality checks.

Powerpak is not responsible for delays, defects, extra costs, rework, or waste caused by inaccurate files, late approvals, unsuitable materials, missing information, supplier changes, product variation, or customer-directed specifications.

6. Specifications, tolerances, samples, and approvals

Packaging fit and machine performance depend on product shape, product variation, packaging material, tooling, operator practices, environment, artwork, and production requirements. Dimensions, output rates, lead times, weights, capacities, tolerances, and performance estimates are planning estimates unless stated as binding specifications in writing.

Samples, prototypes, proofs, test runs, photos, videos, and demo outputs are used to evaluate fit and appearance. Customer approvals authorize Powerpak to proceed based on the approved sample, file, drawing, or written instruction. Commercially reasonable variation can occur in color, material, dimensions, finish, clarity, registration, sealing, and production output.

7. Lead times and delivery estimates

Lead times are estimates and begin only after Powerpak has accepted the order and received required deposits, approvals, product samples, artwork, drawings, customer-supplied materials, and other required information. Lead times may change because of supplier delays, freight delays, material availability, tooling changes, customer approvals, order changes, equipment availability, labor constraints, force majeure events, or other conditions outside Powerpak's control.

Powerpak will make reasonable efforts to communicate material timing changes, but delivery estimates are not guaranteed unless Powerpak expressly agrees to a guaranteed date in writing.

8. Change orders, cancellations, and holds

Changes to product design, packaging style, artwork, quantities, materials, specifications, shipping instructions, delivery timing, tooling, or approvals may require a written change order, revised quote, added cost, and updated lead time. Powerpak may pause work until the change is documented and approved.

Cancelled or held orders may be charged for work performed, materials ordered, tooling work, supplier commitments, engineering time, setup, samples, administrative work, storage, and other nonrecoverable costs. Custom items, special-order materials, completed tooling, and completed production may not be cancellable or returnable.

9. Shipping, title, risk of loss, storage, and inspection

Shipping method, freight charges, insurance, delivery terms, and carrier responsibilities will be stated in the quote, invoice, or shipping documentation when applicable. Unless Powerpak agrees otherwise in writing, risk of loss passes to customer when goods are delivered to the carrier or made available for pickup.

Customer must inspect goods promptly after delivery and notify Powerpak in writing of visible damage, shortages, defects, or shipment issues. Claims for carrier damage should also be made directly with the carrier. If customer delays shipment, pickup, approvals, or delivery instructions, Powerpak may charge reasonable storage and handling costs.

10. Limited warranty, returns, rework, and remedies

Powerpak will make commercially reasonable efforts to provide goods and services that conform to the applicable written quote, approved sample, or agreed written specification. Any project-specific warranty must be stated in writing. Except as expressly stated in writing, Powerpak disclaims implied warranties to the fullest extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose.

Returns require Powerpak's written authorization before shipment back to Powerpak. Custom tooling, special-order items, opened supplies, customer-approved production, and customer-specific work may not be returnable. If Powerpak confirms a covered nonconformity, Powerpak may choose repair, replacement, rework, credit, or refund of the affected portion as the exclusive remedy.

11. Customer regulatory and product responsibilities

Customer is responsible for determining whether a product, package, label, instruction, warning, retail claim, material selection, child-resistant requirement, tamper-evident feature, food-contact requirement, medical requirement, cannabis requirement, environmental claim, recycling claim, import/export requirement, or industry standard applies to the customer's product or market. Powerpak may provide practical packaging input, but customer remains responsible for final compliance review and approvals.

12. Limitation of liability

To the fullest extent permitted by law, Powerpak will not be liable for indirect, incidental, special, consequential, punitive, or lost-profit damages, including lost sales, lost production, retailer chargebacks, recall costs, business interruption, or damage to brand reputation. Powerpak's total liability for a claim will not exceed the amount paid to Powerpak for the affected goods or services that gave rise to the claim.

13. Governing law and disputes

These terms and related transactions are governed by the laws of the State of California, without regard to conflict-of-law rules. The parties will make a good-faith effort to resolve project disputes directly before starting formal proceedings unless immediate action is needed to protect rights, property, confidential information, or payment obligations.

14. Contact Powerpak

Questions about quote terms, deposits, tooling, lead times, project changes, or order documents can be sent to info@blisterpackaging.com or discussed by calling 800-341-5961.