Terms & Conditions

Please review these Terms and Conditions ("Terms," "Agreement") carefully. This Agreement sets forth the legally binding commercial terms governing all quotes, dieline preparation, proofing services, manufacturing runs, and product deliveries provided by KXPACKAGE ("Supplier," "Manufacturer," "we," "us") to commercial purchasers, corporate enterprises, and brand owners ("Buyer," "Client").

By remitting a deposit payment, approving a Proforma Invoice (PI), or signing a technical manufacturing proof, the Buyer unconditionally accepts and agrees to be bound by the provisions outlined below.

1. Quotations, Pricing & Order Confirmation

All commercial quotations issued by KXPACKAGE are valid for thirty (30) calendar days from issuance, after which prices remain subject to adjustment based on global fluctuations in raw polymer resin, paper pulp, aluminum ingot, and freight indices.

• Binding Contract: A commercial order becomes legally binding only upon the receipt of the countersigned Proforma Invoice and verified clearance of the agreed initial down payment.
• Order Revisions: Requests for dimensional, structural, or graphic alterations following initial confirmation must be submitted in writing. Revisions made after cylinder manufacturing or raw substrate slitting will incur supplemental material and machine setup charges.

2. Pre-Press Digital Proofing & Artwork Sign-Off

The Buyer is exclusively responsible for providing vector artwork in supported print formats (.AI, .PDF, .EPS) formatted in CMYK or Pantone Matching System (PMS) color values with all fonts converted to vector paths/outlines.

3. Industrial Manufacturing Standards & Tolerances

Flexible packaging and folding carton production involve complex thermal lamination, mechanical slitting, and multi-station converting. All manufacturing runs are subject to recognized international converting tolerances:

• Color Fidelity: Printed substrate colors may vary moderately from uncalibrated digital RGB screen representations. A color deviation tolerance of Delta E (ΔE) ≤ 2.5 against agreed physical proofs or Pantone swatches is accepted as standard industry practice.
• Quantity Tolerances (Overrun / Underrun): Due to machine calibration, ink balancing, and multi-ply laminate tensioning, high-volume gravure orders are subject to a manufacturing variance of ±5% to ±10%. Invoices will be adjusted to reflect the exact quantity delivered.
• Dimensional & Slitting Margins: A mechanical deviation threshold of ±1.5 mm is standard for finished bag dimensions, gusset depths, zipper alignments, and spout placements.
• Barrier & Seal Integrity: Laminates must withstand specified temperature and burst thresholds. Food-grade films are certified under FDA 21 CFR and EU Regulation 10/2011 standards.

4. Tooling, Printing Cylinders & Digital Plates

For gravure printing, printing cylinders (plates) are engraved specifically for the Buyer's custom dimensions. Cylinders remain the property of the Buyer while being stored, cleaned, and maintained at our manufacturing facility at no extra charge for up to eighteen (18) months from the last production run. If no repeat order occurs within 18 months, cylinders will be recycled or preserved under a negotiated maintenance agreement.

5. Payment Schedules & Terms

• Standard Terms: Unless alternative credit terms have been formally executed under an Enterprise Master Supply Agreement, all orders require a 30% to 50% deposit upon order confirmation, with the remaining balance payable via Telegraphic Transfer (T/T) against the release of factory QA inspection photos and Bill of Lading (B/L) copy.
• Tooling Costs: Plate and cylinder fees must be paid in full prior to the start of cylinder engraving.
• Default: Delayed balance transfers beyond fifteen (15) business days following shipment readiness will accrue commercial warehouse demurrage fees of 0.5% per week.

6. Shipping, Incoterms & Transfer of Risk

Orders are fulfilled under agreed ICC Incoterms 2020 (EXW, FOB, CIF, or DDP).

• EXW / FOB Deliveries: Risk of loss transfers to the Buyer once the consignments are delivered to the nominated freight carrier or loading dock.
• DDP Deliveries: KXPACKAGE manages maritime/air transit, export filings, import customs declarations, and local delivery. Stated transit timelines represent standard freight carrier schedules; delays caused by customs port inspections, severe meteorological conditions, or strike actions fall outside manufacturer liability.

7. Quality Inspection, Claims & Remedies

The Buyer must inspect all arriving packaging containers within fourteen (14) calendar days of port or warehouse arrival.

• Claim Submission: Any notification of manufacturing defects (e.g., delamination, seal failure, printing distortion) must include photographic proof, batch identification codes, video recordings, and sample specimens returned to our laboratory.
• Remedies: Where defects exceed allowable industrial tolerances and are confirmed as manufacturing error, KXPACKAGE will, at its sole discretion, expedite replacement production at zero cost or issue a corresponding credit note against future production batches. Our maximum aggregate liability shall under no circumstances exceed the total contract value of the specific defective order.

8. Force Majeure

Neither party shall be held liable for failure or delay in fulfilling production or dispatch schedules caused by events beyond reasonable control, including acts of God, global pandemics, industrial power rationing, raw polymer embargoes, catastrophic port closures, strikes, or acts of war.

9. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with international commercial law principles. In the event of an unresolved dispute arising from contractual performance, both parties agree to first seek resolution through friendly consultation. If unresolved, disputes shall be submitted to the South China International Economic and Trade Arbitration Commission (SCIA) in accordance with its prevailing arbitration rules.