Terms and Conditions
BABCOR Packaging Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY AGREEING TO THESE TERMS AND CONDITIONS, THE CUSTOMER AGREES TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF THE CUSTOMER DOES NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT PROCEED WITH A CUSTOM ORDER AGREEMENT.
BABCOR Packaging referred to herein as "BABCOR Packaging", reserves the right to change, modify or amend these terms and conditions without notice. For this reason, we encourage the customer to review these Terms and Conditions.
PRODUCTS AND SERVICES
The customer agrees to abide by these terms of service and not to use these products and services or related messages for any unsolicited "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
The customer is fully responsible for final proof and layout approval prior to the printing process. Any jobs that have been approved and/or sent to press cannot be altered or changed due to the nature of the printing process, and no refund will be given.
BABCOR Packaging or its subsidiaries collectively referred to herein as "BABCOR Packaging", shall NOT be LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size, Poor Orientation or Alignment.
An electronic proof will be available for the customer's review after the files have been uploaded via RightSignature. We strongly urge customers to check the electronic proof of the artwork before submitting the order. No job will be sent to press without the customer's approval. We will send the customer an email of a proof approval document via RightSignature (the electronic signature system we use) and the customer will have to sign and complete the document in order for production to begin.
An electronic proof is NOT an accurate color reproduction of the final printed piece but is the final opportunity for the customer to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and overprint issues. They also do not show the color change from RGB or Pantone to CMYK. BABCOR Packaging therefore, will not be liable for color variation between the proof and the finished product. We will try our best to match the colors of the proof and the printed product but please understand that color variation differences are inherent inconsistencies of the printing process and we will not be held responsible for it. It is the customer's responsibility to determine if the job is color critical.
The proof should be checked by the customer against the original file for possible errors in layout, copy, spacing, punctuation or image placement. The customer is fully responsible for all that is contained in the final approved proof, so please make sure the proof is reviewed thoroughly.
Under these Terms and Conditions, the customer agrees that he or she will NOT provide any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. The customer accepts full legal liability for the content of material processed and printed on his or her behalf and under his or her instructions. We reserve the right to refuse an order without disclosing a reason.
ART RESOLUTION REQUIREMENTS
All artwork, designs and images must be provided in minimum of 300 DPI. Only Vector Artwork will be accepted in AI, PDF, or EPS format. BABCOR Packaging is NOT RESPONSIBLE for images printed as fuzzy, distorted, or pixilated due to low resolution artwork provided by the customer, especially if it is approved by the customer already.
Our prepress department checks all submitted artwork files before printing, but the customer is still 100% responsible for the accuracy of print-ready artwork files. We encourage the customer to proofread all files carefully before submitting to BABCOR Packaging. BABCOR Packaging is not responsible for any issues as to orientation or alignment of the pages of the customer's submitted documents. By submitting the artwork to BABCOR Packaging, the customer certifies the right to use the image(s) in artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard materials, we are NOT responsible for loss or damage of images or artwork. BABCOR Packaging is also not responsible for any color shift that occurs in conversions from RGB or CMYK color modes. For orders to be printed using spot colors (flat color, Pantone color, PMS color), please submit artwork files that are color broken for spot colors for best printing results.
BLEED AND MARGIN
Bleed and non-print border requirements are different from one item to the next. A BABCOR Packaging Consultant can assist with any bleed and margin requirement questions.
IMAGE PLACEMENT FOR CUSTOM ORDERS
A template of the desired item will be provided for the customer detailing where images can or cannot be placed on an item.
GRAPHIC DESIGN SERVICES
By ordering and using our graphic design services the customer agrees that all designs created and revised by employees of BABCOR Packaging are the sole intellectual properties of BABCOR Packaging, Inc. Therefore, this artwork cannot be released to the customer unless there is a written agreement with payment provided to compensate BABCOR Packaging for releasing its intellectual property and/or transferring over copyright rights.
All prices and amounts given by BABCOR Packaging are in U.S. Dollars (USD), unless otherwise noted. Accepted payment methods are Visa, MasterCard, American Express, Discover cards, and checks. For custom orders, a 50% deposit is required when the order is placed, unless the deposit is not requested upon the agreement. The total balance of the order is due when the order is complete and ready for shipping. A customer's order will not be shipped until full payment is made.
If a customer purchases any products or services at BABCOR Packaging, the customer agrees to fully pay for all charges, including taxes and shipping/handling fees, by credit card or with an approved payment method.
Once a print job has been approved by the customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to our prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise agreed upon in advance.
SALES TAX POLICY
BABCOR Packaging charges Pennsylvania State Sales tax based on all orders unless the purchasing entity is tax exempt. If an entity is tax exempt, it is the responsibility of the purchasing entity to send or fax to us their tax exemption certificate at the time of order.
CUSTOM ORDER CHANGES AND CANCELLATION POLICY
BABCOR Packaging will make every effort to make changes after an order is placed but it may be too late in the process. If changes are required, please call as soon as possible and we will do our best to accommodate the request. In the event of a change additional costs of materials, art, plates, machine time and labor already used to will be billed at to the customer. Cancelling an order is not possible after an order has begun production. Cancellation costs will be the Customer's financial responsibility for all pre-production completed artwork, production preparation charges, dies, plates, press or production set-up time, raw or finished materials acquired, or other costs associated with the order. Cancellation costs can be significant and up to the agreed upon price of the product if completely finished.
Returns can only be accepted within 30 days of the delivery date. All regularly stocked items may be returned to us if the item has not been used, is in its original packaging and is in factory-fresh, saleable condition. Partial quantity returns of a product are not accepted. All original shipping charges will apply to returned products. Customers are responsible for shipping costs to return the product(s) to our warehouse. A 20% re-stocking fee applies for this type of return. However, before any adjustments can be made, the customer must contact our customer service department to get a Return Authorization Number and to make arrangements for the return shipping at the customer's expense. No returns will be accepted or credited without prior authorization from BABCOR Packaging. Upon receipt and inspection of the returned item(s), a refund or credit will be issued to the applicable credit card used in the transaction.
Special order (non-stock) items may be returned if unused and in saleable condition, based on that manufacturer's return policy. Since manufacturers' return policies and restocking fees vary, please contact our customer service department for details.
Partial cases or items repacked in non-original packaging are not returnable, as they are not resalable. Additionally, returns cannot be accepted for close-out items.
If an order is refused at time of delivery for any reason, FedEx shipping fees back to our warehouse will be deducted from any applicable credit.
All products shipped by BABCOR Packaging are guaranteed for quality. If a quality issue arises, please call BABCOR Packaging for instructions. Occasionally a few items in a case may be defective, and the customer may be requested to send us samples of the problem item(s) to receive the proper credit or product replacement. All original shipping charges will not be credited.
CUSTOM ORDER LEAD TIMES
Lead times vary greatly depending on a number of factors. If the customer needs items to arrive by a certain date we will do our best to accommodate that date. Lead times to get the finished product are estimates and not a guarantee since as actual production and shipping times can vary depending on circumstances or conditions that were not present when the order was placed or things that are out of our control such as weather or delays in transit. If an order needs to arrive by a certain date (such as for an event) please have that date incorporated into the terms of sale so we can identify the order with the plant as having a date specific a drop-dead date. Orders are not scheduled until documents with specifications are completed, pricing is approved, all artwork, ink colors or draw downs and position layout proof approvals are acknowledged as approved, and upfront payments are received.
For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready (and causes a delay), printing turnaround begins when the proof artwork is approved.
All turnaround times are based on business days and office hours: Monday through Friday 8:30am - 6:00pm Eastern Standard Time (EST), excluding all national and federal holidays.
The estimated production turnaround on this site is based on the typical number of hours or days that a print job requires to complete under normal circumstances, excluding Saturdays, Sundays and holidays. BABCOR Packaging is closed Saturdays, Sundays and holidays, so these days are not considered when calculating printing turnaround time.
In addition, while Production Turnaround includes printing, it does not include shipping transit times. The customer should allow additional business days for delivery based on the shipping method selected.
Annual BABCOR Packaging non-production dates: New Year's Day on January 1, Memorial Day (last Monday in May), Independence Day on July 4, Labor Day (first Monday in September), Thanksgiving (fourth Thursday & Friday in November), and Christmas on December 25.
PRINT LIMITATIONS AND TOLERANCES
Most of our printing is roll to roll Flexography or Post-Printed Hot Stamping. We do many lower quantity Hot Stamping print orders in house and run larger orders at our manufacturing facilities either in the USA or in other countries, depending on the quantities and print requirements to that specific job. Print tolerances and abilities vary greatly and should be discussed prior to placing an order.
We will not refund a job based on turnaround time. If a job is time-sensitive, please be sure to notify customer service. Cancellation of a job based on turnaround time is permitted ONLY if the Office Manager agrees to these terms in writing as a condition when the customer places the order.
LOW QUALITY WORK
If we deem that submitted artwork is low-quality (i.e. low resolution) which will cause low quality prints, we may put the job ON HOLD until artwork meeting the required criteria is re-submitted and the artwork is approved. This time is NOT INCLUDED in the turnaround time. Furthermore, the customer is 100% responsible if the artwork he or she submits is low quality, and in turn, the products produced are low-quality.
FedEx Priority Overnight/ 2 Day / Express Saver Orders:
If an order is placed by 2:00pm EST (Monday - Friday), the order will ship the same day for in-stock products. For time sensitive orders please call us toll-free at 888-321-2248 for exact shipping lead times and delivery options.
OUT of STOCKS
It is unfortunate, but sometimes our vendors will run out of particular styles or colors. If this happens we can offer a variety of possible substitute products from other vendors, or the customer can choose to wait until the items are back in stock. If the customer chooses to wait for the inventory to be replenished then we cannot guarantee the turnaround time or that the items will be back in stock when the vendor says they will. If the customer chooses a substitute item then we should be able to stick to our typical turnaround time unless those items are out-of-stock as well.
OVERRUN AND UNDERRUN POLICY
Over and Under Runs are Industry Standard and usual with custom projects which means most any order will be subject to over-runs or under-runs resulting in more or less of a finished product. The customer is responsible for the cost of what is produced up to the actual amount produced as long as it doesn't exceed the over-under standards of that size order. Each manufacturing plant has different over and under-run policies and this information is available upon request and should be considered prior to ordering.
No refund on shipping charges will be allowed on any job once it has shipped.
BABCOR Packaging ships jobs via FedEx. Our responsibility is limited to preparing an order and delivering it to FedEx for delivery.
If an order is placed by 2:00pm EST (Monday - Friday), the order will ship the same day for in-stock products. Some products may be shipped directly from the manufacturer. In these cases the order will ship within 48 hours. Most of our orders ship from our main Midwest warehouse in Pennsylvania, but some orders may ship from our distribution facilities around the USA, such as Minnesota, Oregon, California, Oklahoma, Atlanta, New York, Ohio, Kentucky, Wisconsin, or Alabama.
Once a package is shipped, BABCOR Packaging is not responsible and will not be liable for late or damaged packages during the shipping process.
Please keep in mind that shipping transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up by FedEx. Arrival dates are only estimates because they can be subject to unforeseen delays in transit.
BABCOR Packaging is not responsible for any delays in shipping and we will not upgrade the shipping method to accommodate a missed estimated ship date. Customers may feel free to upgrade the shipping method before we ship at their own expense.
If a package is not delivered due to an error made by the customer in submitting the proper shipping address, BABCOR Packaging will reship the package with corrected address and charge an additional non-refundable shipping/handling fee for the shipment.
BABCOR Packaging reserves the right to show customers samples of any products we have printed and/or designed unless otherwise defined by the customer prior to the purchase.
RIGHT TO REFUSE SERVICE
BABCOR Packaging reserves the right to cancel or otherwise refuse print jobs it deems are obscene or offensive, including but not limited to pornographic materials. BABCOR Packaging reserves the right to charge the customer for services rendered up to the point that the job was cancelled.
GENERAL TERMS AND CONDITIONS
The user acknowledges that all content included by BABCOR Packaging and on the BABCOR.com website or mrtakeoubags.com website, including without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of BABCOR Packaging, Inc. and/or its subsidiaries (referred to herein as BABCOR Packaging) or the copyrighted property of parties from whom BABCOR Packaging has licensed such property, without the written consent of BABCOR Packaging and/or its various third-party providers. It is strictly prohibited to use, copy, reproduce, republish, upload, post, or transmit any content to or from the BABCOR.com website or the mrtakeoutbags.com website, in all forms, media and technologies. It is also prohibited to use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of the owner.
No party may use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any trademarks, service marks, or logos (including words, names, and designs) that are not owned by said party or licensed to said party onto materials and merchandise to be printed with BABCOR Packaging printing services. No customer shall use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works where the copyright owner's exclusive rights prohibit the reproduction of any original work. BABCOR Packaging policy strictly prohibits the use of explicit language or pornography on printed materials and merchandise.
The customer assumes all knowledge and understanding of applicable law and is responsible for compliance with any such laws. Customers may not use BABCOR Packaging services to transmit any material that violates applicable state, federal, or international laws, regulations or other government requirements in any way.
The customer agrees to defend, indemnify and hold harmless BABCOR Packaging, Inc., their employees and affiliates against any and all claims, damages, legal fees, costs and expenses arising from or related to the customer's use of our services or related to customer-submitted content. The customer certifies that he or she own rights to or has a license for the content or image(s) being used in any orders placed with BABCOR Packaging Inc.
If using BABCOR Packaging to submit Requests for or on behalf of a third party ("Third Party"), the user is responsible for any error in the accuracy of information provided in connection with such use. In addition, the user must inform the Third Party of all Terms and Conditions applicable to all products or services, including all rules and restrictions applicable thereto.
Each User of BABCOR Packaging's services for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
TRANSFER OF TITLE
Once BABCOR Packaging ships the order, the customer agrees that ownership and responsibility of the printed products transfer to the customer. This means that the risk of loss and title for such items pass to the customer upon our delivery to the carrier.
For any product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such product shall be deemed to have occurred at the time we transmit the product via email or other electronic communication addressed to the customer.
LIMITATION OF LIABILITY
In no event shall BABCOR Packaging, Inc., its vendors, employees, or affiliates be liable for any injury, death, loss, claim, accident, delay, or any other direct, indirect, consequential, or incidental damages resulting from loss of use, data or profits, arising out of or related to BABCOR Packaging and our services or product, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. In no event shall BABCOR Packaging, Inc. be liable for any damages or consequences arising from or related to the customer's inappropriate or unauthorized use of our services or products.
If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.
All comments, feedback, suggestions and ideas submitted, copied, or sent to our email address become and remain the exclusive property of BABCOR Packaging. All rights are relinquished to such comments, feedback, suggestions, and ideas. These may be used and quoted by BABCOR Packaging in any medium for any purpose anywhere without obtaining the customer's consent. BABCOR Packaging is not obligated to pay the person who commented any compensation for any of the comments submitted if we choose to publish the comments and the first name and first initial of the last name of the person who commented. Parties entering comments agree to sole responsibility for the content of any comments made.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by the customer or other technical problems beyond their control.
MODIFICATIONS / TERMINATION OF USAGE MODIFICATION
BABCOR Packaging reserves the right to modify or discontinue the Service with or without notice to the user. BABCOR Packaging shall not be liable to users or any third party should it exercise its right to modify or discontinue the Service.
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregoing causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to BABCOR Packaging for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against BABCOR Packaging arising from any circumstance described herein.
TERMS OF AGREEMENT
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