Terms and Conditions
These Terms and Conditions govern quotations, custom packaging orders, structural design, artwork approval, sampling, manufacturing, quality inspection, packing, payment, and delivery arranged through HS PACKFACTORY.
These Terms apply to business-to-business transactions and are not intended for consumer retail purchases. The legal seller for each order is the company identified as the “Seller” on the applicable quotation, Proforma Invoice, commercial invoice, or signed manufacturing agreement. “HS PACKFACTORY” is the trading name used for the website and business communications.
By signing or approving a quotation, Proforma Invoice, purchase specification, dieline, artwork proof, sample, or manufacturing agreement; paying a deposit; or otherwise instructing the Seller to begin work, the Buyer agrees to these Terms unless a different written agreement has been signed by both parties.
If a quotation, Proforma Invoice, signed manufacturing agreement, or written amendment contains terms that differ from this page, the specifically agreed written terms for that order will control.
1. Contracting Entity and Scope
The legal entity responsible for an order is the Seller named on the applicable quotation, Proforma Invoice, commercial invoice, or signed manufacturing agreement.
These Terms apply to custom paper packaging products and related services, including structural design, dieline preparation, artwork review, sampling, printing, finishing, die-cutting, assembly, quality inspection, export packing, and logistics coordination where expressly included in the order.
Services or products not stated in the accepted quotation or Proforma Invoice are not included in the order.
Website use and handling of personal information are also subject to our Privacy Policy.
2. Definitions
- Buyer: The business, company, organization, or authorized purchasing representative placing the order.
- Seller: The legal company identified as the seller on the applicable order documents.
- Goods: The custom packaging products, printed materials, inserts, components, samples, or related items included in the order.
- Order Documents: The quotation, Proforma Invoice, purchase specification, approved dieline, approved artwork, approved sample, written amendment, and signed manufacturing agreement.
- Approved Sample: The physical or digital reference accepted by the Buyer for the purpose stated in the approval record.
- Business Day: A normal working day at the Seller’s production location, excluding public holidays and factory closure periods.
- Incoterms: The specific Incoterms® 2020 rule and named place or port stated in the applicable Order Documents.
3. Contract Documents and Priority
Unless otherwise agreed in a document signed by both parties, inconsistencies between contract documents will be resolved in the following order:
- A signed manufacturing agreement or mutually signed amendment.
- The applicable Proforma Invoice.
- The final accepted quotation and written product specification.
- The approved dieline, artwork, color reference, and physical sample.
- These Terms and Conditions.
- The Buyer’s purchase order, only to the extent expressly accepted by the Seller in writing.
Terms printed on or linked from the Buyer’s purchase order, procurement portal, email footer, or other document do not modify the agreement unless the Seller expressly accepts those terms in writing.
Email, electronic signature, approved PDF, payment confirmation, and other recorded electronic communications may be used as evidence of acceptance.
4. Quotations, Pricing and Taxes
Unless a quotation states otherwise, quoted prices are valid for 30 calendar days from the date of issue.
Quotations are based on the information available at the time, including:
- Finished dimensions and structural style.
- Order quantity and quantity tiers.
- Paper, board, flute, grayboard, insert, window, and accessory materials.
- Printing colors, ink coverage, coatings, and finishing processes.
- Assembly, gluing, handwork, kitting, and packing requirements.
- Sample type, tooling, testing, inspection, and documentation.
- Shipping destination, delivery method, Incoterm, and freight information.
Changes to any of these details may require a revised quotation.
Prices may also be revised after the validity period because of changes in paper, board, ink, adhesive, window film, accessories, labor, energy, exchange rates, taxes, duties, freight, fuel surcharges, carrier fees, or regulatory requirements.
Unless expressly stated otherwise, quoted prices exclude destination-country customs duties, import VAT, sales tax, anti-dumping duties, brokerage fees, storage charges, inspection charges, and other government or third-party fees.
5. Order Confirmation and Changes
An order becomes confirmed only after the Seller has received the required deposit or other agreed payment, together with the documents and approvals required to begin work.
Production will not automatically begin solely because the Buyer requests an estimated delivery date.
Any requested change to dimensions, quantity, materials, artwork, colors, finishing, inserts, packing, delivery address, certification, testing, or shipping method must be submitted in writing.
A change is effective only after the Seller confirms its acceptance and any resulting adjustment to price, tooling, material use, sample requirements, and production schedule.
Work completed before a change is accepted may remain chargeable.
6. Payment Terms
Deposit percentage, balance payment, currency, payment method, and payment schedule are stated in the applicable quotation or Proforma Invoice.
- Production deposit: The Seller is not required to purchase materials, reserve capacity, create tooling, or begin production until cleared payment is received.
- Balance payment: Unless otherwise agreed in writing, the required balance must be received before the Goods are released or shipped.
- Bank charges: The Buyer is responsible for sender, intermediary-bank, currency-conversion, and recipient charges unless the Order Documents state otherwise.
- Payment reference: The Buyer should include the Proforma Invoice or order number with each payment.
- Late payment: Late payment may delay production, inspection, release, booking, or delivery.
Any change to bank-account details must be independently verified using previously confirmed contact information. The Seller is not responsible for payments sent to an unauthorized or fraudulent account when the Buyer fails to complete reasonable verification.
7. Artwork and Intellectual Property
The Buyer is responsible for the accuracy and legality of all supplied artwork and content, including:
- Logos, trademarks, trade names, and brand elements.
- Illustrations, photographs, graphics, characters, and patterns.
- Text, instructions, warnings, claims, translations, and product descriptions.
- Barcodes, QR codes, regulatory marks, recycling claims, and certification logos.
The Buyer represents and warrants that it owns or has obtained all rights, licenses, approvals, and permissions necessary for the Seller to reproduce and manufacture the supplied content.
The Buyer is responsible for checking spelling, grammar, language, dimensions, barcode data, legal statements, product claims, colors, and layout before final approval.
The Seller may identify obvious technical issues but is not responsible for independently verifying the legal accuracy, regulatory compliance, translation, or ownership of Buyer-supplied content.
Approval of artwork authorizes production using that version. The Seller is not liable for errors already present in the approved file.
8. Dielines, Tooling and Manufacturing Files
Tooling and manufacturing materials may include dielines, structural drawings, cutting dies, printing plates, foil plates, embossing dies, molds, fixtures, production data, process settings, and internal engineering records.
Ownership, charges, permitted use, transfer, storage, maintenance, and replacement of tooling will be governed by the applicable quotation, Proforma Invoice, or written manufacturing agreement.
Payment of a tooling charge does not automatically transfer ownership of the Seller’s manufacturing know-how, production methods, internal working files, or reusable structural concepts unless expressly agreed in writing.
Where a production dieline is provided to the Buyer, it may be used for the approved project subject to any written restrictions stated with the file.
Tooling-storage periods must be agreed in writing. If no storage period is stated, the Seller is not required to retain tooling indefinitely and may dispose of inactive, damaged, obsolete, or unsafe tooling after reasonable notice where practicable.
9. Samples, Proofs and Approval
Different sample types serve different purposes:
- Blank structural sample: Used primarily to review dimensions, fit, folding, closure, assembly, and product positioning. It does not confirm final printing or finishing.
- Digital-print sample: Used to review artwork placement and general appearance. Digital-print color, surface, and finishing may differ from offset or other mass-production methods.
- Production-grade sample: Uses materials and processes closer to mass production, but reasonable batch and process variation may still occur.
- Approved production sample: Used as a primary quality reference only for the attributes that the sample was intended to confirm.
Hand-made samples may differ slightly from machine-produced Goods because of cutting, folding, gluing, wrapping, finishing, and assembly methods.
The Buyer must test the sample with the actual product whenever dimensions, weight, fit, movement, scratching, drop protection, food contact, moisture, heat, or assembly performance are important.
Production approval should be provided in writing. Delay in approval may change the production and delivery schedule.
10. Materials and Substitutions
Paper, board, kraft, specialty paper, grayboard, corrugated flute, foam, molded pulp, window film, adhesive, ink, coating, ribbon, magnet, and other materials may vary naturally between supplier batches.
Natural variations in shade, texture, fiber, thickness, moisture, grain, stiffness, surface appearance, recycled content, or material availability are not automatically defects when the Goods remain within the approved specification.
If an approved material becomes unavailable, discontinued, delayed, or commercially impractical, the Seller may propose an alternative material. Material substitutions that materially affect appearance, performance, compliance, or price require Buyer approval before production.
Environmental, food-contact, recycling, compostability, FSC®, or other material claims must be supported by the agreed supply chain and applicable documentation. The Buyer must not add certification marks or regulated claims to artwork without prior approval.
11. Production Tolerances
Custom manufacturing involves material, printing, converting, finishing, and assembly processes that cannot produce every unit with absolute identity.
Applicable tolerances depend on:
- Product category and finished dimensions.
- Paperboard, corrugated board, grayboard, specialty paper, or insert material.
- Printing process, ink coverage, substrate shade, and coating.
- Die-cutting, creasing, folding, wrapping, gluing, and hand assembly.
- Foil stamping, embossing, Spot UV, windows, magnets, handles, and other components.
Project-specific dimensional, position, color, fit, and finishing tolerances should be stated in the approved specification, sample, quality agreement, or Proforma Invoice.
Color Variation
Reasonable color variation may occur because of substrate shade, paper texture, ink, printing method, coating, lamination, finishing, production batch, and viewing light.
Critical colors must be identified before production and evaluated against the agreed Pantone reference, approved physical sample, contract proof, or other written standard.
Images displayed on monitors, phones, or uncalibrated devices are not reliable final production color standards.
Dimensions and Registration
Cutting, folding, gluing, wrapping, printing, windows, foil, embossing, and other finishing processes may have different tolerances. No single dimensional tolerance applies automatically to every packaging category.
12. Quantity Overruns and Underruns
Custom printing and manufacturing may require startup sheets, setup waste, inspection removal, process testing, and replacement of damaged units.
If the applicable Proforma Invoice or specification allows an overrun or underrun, the permitted percentage will be stated in that document. A commonly used tolerance may be up to plus or minus 5%, but it does not apply where the Order Documents require an exact quantity or specify a different tolerance.
Where an overrun or underrun is permitted, the Buyer will be invoiced for the accepted actual quantity shipped at the agreed unit-price basis unless the Order Documents state otherwise.
Separate SKUs, designs, sizes, colors, or language versions may be evaluated individually.
13. Production Schedule
Sampling, production, inspection, and delivery dates are estimates unless the Seller expressly provides a written guaranteed date.
Estimated production time begins only after the Seller has received:
- The required payment.
- Final approved dielines and artwork.
- Approved materials and finishes.
- Approved sample or written authority to proceed without one.
- Required product samples, compliance documents, and packing instructions.
Buyer delays, design changes, unavailable materials, additional samples, failed testing, special finishing, regulatory checks, or late payment may extend the schedule.
Freight transit time, customs clearance, port congestion, carrier schedules, and destination delivery are separate from factory production time.
14. Quality Inspection
The Seller will inspect the Goods according to the approved specification, sample, quality agreement, and commercially reasonable manufacturing procedures.
Inspection may include:
- Material, GSM, caliper, flute, grayboard, and component checks.
- Finished dimensions, structure, folding, closure, gluing, and assembly.
- Artwork, text, barcode, print color, and registration.
- Lamination, coating, foil, Spot UV, embossing, windows, and other finishing.
- Insert fit, product movement, surface contact, and packing orientation.
- Quantity, inner packing, master cartons, carton marks, and pallet requirements.
A third-party inspection may be arranged where agreed. Third-party inspection costs, timing, sampling level, inspection standard, and reinspection requirements must be confirmed in writing.
Passing an inspection does not eliminate reasonable manufacturing variation or hidden issues that could not reasonably be detected using the agreed inspection method.
15. Packing and Storage
The Seller will pack the Goods according to the accepted quotation or packing instruction. Packing may include flat packing, assembled packing, tissue, protective film, dividers, inner cartons, master cartons, corner protection, pallets, and moisture-control materials.
The Buyer must identify any retailer, warehouse, fulfillment-center, pallet, carton-mark, barcode, or handling requirement before production approval.
Paper packaging should be stored in a clean, dry, ventilated environment and protected from excessive humidity, heat, sunlight, water, compression, contamination, and unstable stacking.
The Seller is not responsible for damage caused after risk transfer by unsuitable storage, warehouse handling, prolonged exposure, incorrect assembly, overloading, or use outside the approved application.
If the Buyer delays collection or shipment after the Goods are ready, reasonable storage, handling, insurance, inspection, repacking, or disposal costs may be charged.
16. Shipping, Incoterms and Risk
The applicable shipping term must be stated together with a named place or port and the version of the Incoterms rules, for example:
- EXW [Named Place], Incoterms® 2020.
- FOB [Named Port of Shipment], Incoterms® 2020.
- CIF [Named Port of Destination], Incoterms® 2020.
- DDP [Named Destination], Incoterms® 2020, subject to destination-country and carrier availability.
Risk of loss or damage transfers according to the agreed Incoterms® 2020 rule and named place.
Freight quotations are based on the shipment information available at the time and may change because of final carton volume, actual weight, fuel surcharges, carrier rates, peak-season charges, customs inspections, remote-area fees, port charges, taxes, or destination services.
Unless expressly agreed otherwise, the Seller does not guarantee carrier transit times.
Ownership of the Goods does not transfer until the Seller has received full cleared payment, to the extent permitted by applicable law. Transfer of ownership and transfer of shipping risk are separate matters.
17. Customs, Duties and Compliance
Responsibility for export clearance, import clearance, duties, taxes, licenses, and delivery formalities follows the agreed Incoterm and Order Documents.
Unless expressly accepted by the Seller in writing, the Buyer is responsible for confirming that:
- The Buyer’s product may be legally imported, sold, labeled, and used in the destination market.
- Artwork, product claims, warnings, language, barcodes, and regulatory marks are accurate.
- The intended packaging use meets applicable food-contact, cosmetic, electronics, toy, pharmaceutical, environmental, recycling, or other requirements.
- The Buyer or its appointed party can act as importer of record where required.
- Required customs classifications, permits, registrations, and destination-market documents are available.
DDP service is not available for every country, product, address, or shipment and is subject to written confirmation by the Seller and logistics provider.
18. Inspection and Claims
The Buyer must inspect the shipment promptly after delivery.
Visible shortages, carton damage, pallet damage, water exposure, or other transport-related issues should be recorded before or during unloading where possible and reported within seven calendar days after receipt unless the Order Documents state a different period.
Manufacturing issues that were not reasonably discoverable during initial inspection must be reported promptly after discovery.
A claim should include:
- Order number, SKU, design, size, and production batch.
- Quantity received and estimated affected quantity.
- Clear photographs and videos of the master cartons, labels, pallet, and affected Goods.
- A description of the alleged defect and how it differs from the approved specification or sample.
- Shipping documents, delivery record, and carrier damage notation where relevant.
The Buyer must retain the affected Goods, packaging, labels, and evidence for reasonable inspection and must not destroy, sell, rework, or dispose of them without the Seller’s written approval.
Failure to provide reasonable evidence or access for inspection may prevent the Seller from verifying the claim.
19. Defects and Limited Remedies
A manufacturing defect will be evaluated against the applicable Order Documents, approved artwork, approved sample, agreed tolerances, and intended use disclosed before production.
The following are not automatically manufacturing defects:
- Reasonable material, color, texture, thickness, or batch variation.
- Variation permitted by the agreed specification or sample.
- Issues caused by incorrect Buyer dimensions, artwork, product data, or approval.
- Damage caused during transport after risk transfer.
- Damage caused by unsuitable storage, incorrect assembly, misuse, overloading, or unauthorized modification.
- Performance requirements that were not disclosed or tested before production.
If the Seller verifies a material manufacturing defect, the Seller may, at its reasonable discretion:
- Rework the affected Goods.
- Replace or reproduce the verified defective quantity.
- Issue a credit against a future order.
- Refund the invoiced value of the verified defective Goods.
The remedy will consider the severity, affected quantity, practical use of the Goods, cost of correction, production schedule, and available evidence.
20. Returns and Cancellations
Custom-made Goods cannot be returned because of a change of mind, change in market demand, incorrect Buyer forecast, or preference after approval.
A cancellation request must be submitted in writing and is effective only after written acceptance by the Seller.
The Buyer remains responsible for costs and commitments incurred before cancellation, which may include:
- Structural design and artwork preparation.
- Samples and proofing.
- Paper, board, inserts, accessories, and custom materials.
- Cutting dies, printing plates, foil plates, embossing dies, molds, and fixtures.
- Printing, finishing, die-cutting, assembly, labor, and subcontracted work.
- Bank, storage, inspection, freight, and administrative costs.
Deposits are non-refundable to the extent they have been applied to completed work, committed materials, tooling, third-party charges, or other non-recoverable costs.
Once production has materially progressed, cancellation may no longer be commercially possible.
21. Force Majeure
Neither party will be liable for delay or failure caused by events beyond its reasonable control, including natural disaster, fire, flood, earthquake, epidemic, war, terrorism, civil disturbance, sanctions, government restriction, port closure, customs interruption, strike, labor shortage, power failure, cyber incident, transportation disruption, carrier cancellation, or material shortage.
The affected party should notify the other party within a reasonable time and use commercially reasonable efforts to reduce the impact.
Performance may be suspended or extended for the duration of the event. If the event continues for an extended period and prevents completion, the parties will discuss cancellation, alternative materials, revised delivery, or settlement of costs already incurred.
22. Confidentiality and Publicity
Each party should protect non-public commercial, technical, pricing, product, artwork, launch, supplier, and manufacturing information received from the other party.
The Seller will not intentionally sell the Buyer’s branded finished Goods to unrelated third parties.
Information or samples may be shared with approved material suppliers, subcontractors, logistics providers, inspectors, professional advisers, insurers, or authorities only where reasonably necessary to perform the order, investigate a claim, or comply with law.
The Seller will not publicly use the Buyer’s name, logo, product images, confidential artwork, or identifiable project information in advertising, social media, exhibitions, case studies, or sales materials without written permission.
General production knowledge, non-confidential manufacturing experience, and independently developed processes remain available for the Seller’s lawful use.
23. Limitation of Liability
To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, punitive, or consequential loss, including loss of profit, sales, market opportunity, goodwill, product-launch timing, platform ranking, retailer penalty, or business interruption.
The Seller’s total liability arising from a claim will not exceed the amount paid for the specific affected Goods or services giving rise to that claim.
The Seller is not responsible for costs resulting from:
- Incorrect or incomplete Buyer specifications.
- Buyer-approved artwork or samples.
- Use outside the disclosed application.
- Failure to complete required product or shipment testing.
- Carrier delays or transport damage after risk transfer.
- Destination-market compliance not expressly accepted by the Seller.
Nothing in these Terms excludes liability that cannot legally be excluded, including liability for fraud, willful misconduct, or other mandatory legal obligations.
24. Buyer Indemnity
To the extent permitted by applicable law, the Buyer will defend, indemnify, and hold the Seller harmless from third-party claims, losses, costs, and reasonable legal expenses arising from:
- Buyer-supplied artwork, trademarks, images, text, product claims, or other content that infringes third-party rights.
- Illegal, misleading, inaccurate, or unauthorized labeling or certification claims supplied or approved by the Buyer.
- The Buyer’s product, product formulation, product safety, or destination-market compliance.
- Use of the Goods outside the disclosed and approved application.
This section does not apply to the extent a claim was directly caused by the Seller’s verified manufacturing defect or unauthorized alteration.
25. Governing Law and Dispute Resolution
The governing law, court jurisdiction, arbitration institution, arbitration location, and dispute language applicable to an order should be stated in the applicable Proforma Invoice or signed manufacturing agreement.
The parties should also expressly state in those documents whether the United Nations Convention on Contracts for the International Sale of Goods applies or is excluded.
If a dispute arises, the parties will first attempt to resolve it through good-faith business negotiation and exchange of relevant evidence.
If the Order Documents do not contain an agreed governing-law or dispute-resolution clause, those matters will be determined according to the applicable mandatory law and conflict-of-laws rules.
Nothing in this section prevents either party from requesting urgent interim or protective relief from a court with lawful jurisdiction.
26. General Provisions
Notices
Formal notices should be sent to the email or business address stated in the applicable Order Documents. Routine production communications may be handled by email, WhatsApp, WeChat, or other agreed channels.
Assignment
Neither party may assign material contractual rights or obligations without the other party’s written consent, except as part of a lawful corporate reorganization or transfer of substantially all relevant business assets.
Subcontracting
The Seller may use qualified material suppliers and subcontractors for specialized materials, finishing, tooling, testing, logistics, or other processes while remaining responsible for the Seller’s contractual obligations.
Waiver
Failure to enforce a provision on one occasion does not waive the right to enforce it later.
Severability
If a provision is found invalid or unenforceable, the remaining provisions will continue in effect, and the invalid provision should be interpreted as closely as legally possible to its intended commercial purpose.
Entire Agreement
The applicable Order Documents and these Terms form the entire agreement concerning the order and replace prior discussions relating to the same subject, except for fraud or an expressly preserved written agreement.
Survival
Provisions concerning payment, intellectual property, confidentiality, claims, liability, indemnity, and dispute resolution survive completion or termination to the extent necessary to give them effect.
27. Updates and Language
The version of these Terms in effect on the date an order is confirmed applies to that order unless the parties agree otherwise in writing.
Updated website Terms do not automatically change an already confirmed order.
These Terms are written in English. Any translation is provided for convenience only. Unless a signed agreement states otherwise, the English version controls if there is an inconsistency.
28. Contact Information
Questions about a quotation, Proforma Invoice, manufacturing agreement, or these Terms should be sent to:
HS PACKFACTORY
Email: info@hspackfactory.com
Telephone / WhatsApp: +86 198 6087 5056
Location: Shenzhen, Guangdong, China
Contact page: Contact HS PACKFACTORY
The legal Seller name, registered details, payment account, and order-specific contract information are stated in the applicable quotation, Proforma Invoice, commercial invoice, or signed manufacturing agreement.