Policies & Terms

1. Quotes & Pricing

• Quotes are generally valid for 30 calendar days unless otherwise stated.
• Pricing is based on the specifications, quantities, artwork, delivery location, freight, tariffs, duties, and other conditions known at the time of quotation.
• Pricing may change due to changes in raw materials, freight, tariffs, duties, manufacturing costs, or other factors before production or shipment.
• An order is not binding until accepted by Texas Food Pack.
• Minimum order quantities may apply depending on the product and specifications.

2. Custom Orders & Artwork

For custom-printed or custom-manufactured products:

• A 70% non-refundable deposit is required unless otherwise agreed in writing.
• The remaining 30% balance is due before delivery.
• Production begins only after required artwork approval, order confirmation, and deposit are received.
• Customer is responsible for reviewing and approving all artwork, including spelling, logos, colors, dimensions, quantities, and specifications.
• Once artwork is approved and production begins, orders generally cannot be cancelled or changed without additional costs.
• Digital proofs are intended to show layout and general appearance. Normal commercial variations in color, printing, registration, texture, and finish are not considered defects.

3. Payment Terms & Late Payments

Payment terms are stated on the applicable quotation, order confirmation, or invoice.

If an undisputed balance remains unpaid for more than 30 calendar days after its due date, Texas Food Pack may charge interest at 1% per month, compounded monthly, or the maximum lawful rate, whichever is less.

Texas Food Pack may also suspend production, withhold delivery, suspend credit terms, require advance payment, or take other available remedies.

If an amount remains unpaid for 90 calendar days after its original due date, Texas Food Pack may refer the account for collection and/or pursue available legal remedies.

Customer may be responsible, to the extent permitted by law, for reasonable collection costs, attorneys’ fees, court costs, and other enforcement expenses.

4. Order Changes & Cancellations

Custom products are made specifically for the Customer.

Once artwork has been approved, the required deposit has been received, or production has begun, the order generally cannot be cancelled.

Customer remains responsible for applicable production, setup, artwork, materials, freight, storage, and other costs incurred.

Refusing delivery or failing to make payment does not constitute cancellation of an order.

Stock-product returns require prior written authorization from Texas Food Pack.

5. Quantity Tolerance

Custom-manufactured and custom-printed products may have a manufacturing overrun or underrun.

Unless otherwise agreed in writing, a ±10% quantity tolerance is permitted.

Customer agrees to accept and pay for the actual quantity produced and delivered within the applicable tolerance.

6. Shipping & Delivery

Unless otherwise agreed in writing, Customer is responsible for applicable freight, delivery charges, fuel surcharges, accessorial charges, storage charges, and other transportation-related costs.

Risk of loss transfers to Customer upon delivery, pickup, or the agreed transfer point, except where otherwise required by law.

Customer is responsible for providing suitable delivery access and for unloading products unless unloading services are specifically included in the order.

7. Transportation Damage & Delivery Inspection

Customer must inspect shipments upon delivery.

Visible transportation damage, shortages, or other apparent delivery discrepancies must be documented on the Bill of Lading, delivery receipt, or other carrier document at the time of delivery.

Customers should photograph damaged products and packaging and obtain the carrier’s acknowledgment whenever reasonably possible.

Customers should not sign a delivery document stating that the shipment was received in good condition if visible damage or shortages are present.

Failure to document visible damage or shortages at delivery may limit a transportation-related claim, except where otherwise required by law.

8. Product Defects & Claims

Manufacturing defects, concealed defects, and product nonconformities that could not reasonably have been identified during delivery inspection must be reported in writing within 10 calendar days after delivery.

Claims should include:

• Invoice or purchase order number;
• Product and SKU;
• Quantity affected;
• Description of the issue;
• Photographs; and
• Lot, batch, or production information when available.

Customers must preserve affected products and packaging and provide reasonable access for inspection if requested.

No products may be returned without prior written authorization.

If a product is determined to have a verified manufacturing defect or material nonconformity, Texas Food Pack may, as permitted by law, replace, reprint, credit, refund, or otherwise remedy the affected products.

This 10-day claims period does not replace the requirement to document visible transportation damage at delivery.

9. Storage

Products are eligible for up to 30 calendar days of complimentary storage after becoming available for delivery or pickup.

After that period, storage is charged at:

Storage availability is generally limited to a maximum of four months, unless otherwise agreed in writing.

Customer remains responsible for applicable storage, handling, loading, unloading, and related warehouse charges.

10. Unclaimed or Unpaid Products

Products that remain in Texas Food Pack’s possession beyond the applicable storage period may be considered unclaimed or abandoned to the extent permitted by law.

Texas Food Pack may require immediate removal and may exercise applicable legal remedies, including collection, lien, resale, or disposition rights where permitted by law.

Customer remains responsible for unpaid balances and applicable storage, handling, transportation, collection, and legal costs.

11. Customer Artwork & Intellectual Property

Customer represents that it owns or has permission to use all artwork, logos, trademarks, photographs, designs, and other materials supplied to Texas Food Pack.

Customer is responsible for claims arising from Customer-provided artwork or intellectual property.

Customer agrees to indemnify Texas Food Pack against applicable third-party claims arising from Customer’s materials or their authorized use in fulfilling an order.

12. Product Use & Warranty

Customer is responsible for determining whether products are suitable for its intended application, packaging requirements, regulatory requirements, and end use.

To the maximum extent permitted by law, Texas Food Pack disclaims implied warranties, including warranties of merchantability and fitness for a particular purpose, to the extent such warranties may legally be disclaimed or modified.

Any specific warranty must be expressly provided in writing by an authorized representative of Texas Food Pack.

13. Limitation of Liability

To the maximum extent permitted by law, Texas Food Pack’s liability relating to a product or order will not exceed the amount actually paid for the specific products giving rise to the claim.

Texas Food Pack will not be liable, to the extent permitted by law, for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, business interruption, or loss of goodwill.

14. Taxes, Tariffs & Government Charges

Customer is responsible for applicable sales taxes, use taxes, tariffs, customs duties, import charges, governmental fees, and other applicable charges unless otherwise agreed in writing.

Customer must provide valid resale or exemption documentation when applicable.

15. Force Majeure

Texas Food Pack is not responsible for delays or inability to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, government action, tariffs, customs or port delays, transportation disruptions, labor disputes, supplier or manufacturer failures, material shortages, or other similar events.

16. Payment Disputes & Chargebacks

Customers must notify Texas Food Pack promptly and in writing of any invoice dispute.

Undisputed amounts remain due according to the original payment terms.

Customers may not unilaterally deduct claims, damages, shortages, credits, freight charges, or other amounts from an invoice without written authorization from Texas Food Pack.

Unauthorized chargebacks, payment reversals, or offsets do not eliminate Customer’s underlying payment obligation.

17. Order of Precedence

Unless otherwise agreed in a separate written agreement signed by an authorized Texas Food Pack representative, the following order of precedence applies:

1. Signed written agreement or amendment;
2. Texas Food Pack quotation or order confirmation;
3. These Policies & Terms;
4. Texas Food Pack invoice for billing and administrative details; and
5. Customer purchase orders or Customer-issued terms.

Customer purchase-order terms do not supersede these Policies & Terms merely because Texas Food Pack receives, processes, or fulfils the order.

Any conflicting Customer terms must be expressly accepted in writing by an authorized Texas Food Pack representative to become effective.

18. Governing Law

These Policies & Terms and transactions with Texas Food Pack are governed by the laws of the State of Texas.

To the extent permitted by law, legal proceedings relating to these Policies & Terms or a transaction with Texas Food Pack shall be brought in the appropriate state or federal court located in Dallas County, Texas.

19. General Terms

Failure by Texas Food Pack to enforce a provision does not constitute a waiver of that provision.

If any provision is found invalid or unenforceable, the remaining provisions remain effective to the maximum extent permitted by law.

These Policies & Terms, together with the applicable quotation, order confirmation, invoice, and any separately signed agreement, constitute the agreement governing the applicable transaction.

Texas Food Pack reserves the right to update these Policies & Terms for future orders.