Terms & Conditions

1.Custom-Manufactured Products

Most products sold by Custom Box Builder are manufactured specifically to customer requirements, including dimensions, box style, board grade, flute, printing, artwork, quantity, finishing and other specifications.

Because products are custom manufactured, they generally cannot be resold and may become non-cancellable and non-refundable once production-related work has commenced.

Customers are responsible for confirming that products ordered are suitable for their intended application.

Unless expressly agreed by us in writing, Custom Box Builder does not warrant that any particular box, material, board grade, flute, coating, adhesive, print method, structural design or configuration is suitable for a particular product, shipping method, storage environment, automated packaging system, carrier requirement, regulatory requirement or other end use.

Recommendations made by our employees or representatives are based on information made available to us and do not constitute engineering, regulatory, transportation, product-safety or professional certification.

2.Orders and Acceptance

Submitting an order does not obligate Custom Box Builder to accept it.

We may reasonably refuse, cancel, suspend, limit or place an order on hold for reasons including:

• production capacity;
• material availability;
• equipment limitations;
• technical feasibility;
• credit concerns;
• payment issues;
• suspected fraud;
• legal or regulatory concerns;
• inappropriate or unlawful content;
• supply interruptions; or
• inaccurate pricing or configuration information.

The specifications governing an accepted order are those contained in the applicable order confirmation, quotation, approved proof, invoice or other documentation accepted by Custom Box Builder.

Customers are responsible for confirming all specifications, including:

• dimensions;
• box style;
• material;
• board grade;
• flute;
• printing method;
• artwork;
• colors;
• orientation;
• print location;
• quantity;
• coatings;
• finishing;
• shipping information; and
• any other selected characteristics.

If the Website, an automated quotation system or other documentation contains an obvious pricing, mathematical, configuration or typographical error, we may correct the error before production.

If such a correction materially increases the price after an order has been submitted, the customer may cancel the affected portion before production begins.

3.Quotations and Pricing

Unless otherwise indicated, quotations are valid only for the period stated on the quotation.

Prices may change due to changes in:

• paper and corrugated material costs;
• ink;
• freight;
• energy;
• labor;
• exchange rates;
• tariffs;
• duties;
• taxes;
• governmental charges; or
• other production inputs.

After an order has been accepted, we will not increase its price except where:

1. the customer changes the specifications;
2. information supplied by the customer was inaccurate or incomplete;
3. additional products or services are requested;
4. a governmental authority imposes or changes a tax, tariff, duty or similar charge directly affecting the transaction after quotation; or
5. the parties otherwise agree.

Shipping, freight, customs brokerage, duties, tariffs, taxes and governmental charges are additional unless expressly stated otherwise.

4.Payment

Payment is due according to the terms displayed at checkout, contained on an invoice, established on an approved credit account or otherwise agreed in writing.

You represent that you are authorized to use any payment method provided to us.

For customers receiving credit terms, overdue balances may bear interest at the lesser of:

• 1.5% per month; or
• the maximum amount permitted by applicable law.

To the extent permitted by law, customers are responsible for reasonable costs incurred collecting legitimately overdue accounts, including collection costs, court costs and reasonable legal fees.

We may suspend production, shipment, credit privileges or acceptance of additional orders while an account is overdue.

5.Chargebacks and Payment Disputes

Customers should contact Custom Box Builder promptly regarding a genuine billing or product dispute.

We reserve the right to contest chargebacks or payment reversals that we reasonably believe are unsupported, fraudulent or inconsistent with these Terms.

Nothing in this section prevents a customer from exercising legitimate rights available through a payment provider or applicable law.

6.Customer Artwork and Content

Customers retain ownership of artwork, logos, trademarks, photographs, text, graphics and other content supplied to us (“Customer Content”).

You grant Custom Box Builder and its contractors and suppliers a non-exclusive, worldwide, royalty-free license to reproduce, convert, process, modify, transmit and otherwise use Customer Content as reasonably necessary to:

• prepare quotations;
• create proofs;
• perform prepress work;
• manufacture products;
• conduct quality control;
• fulfill orders;
• provide customer support;
• reproduce replacement products; and
• maintain reasonable transaction and production records.

You represent and warrant that you own, license or otherwise have all rights necessary for us to reproduce and use Customer Content in accordance with your instructions.

You are responsible for intellectual-property, copyright, trademark, publicity, privacy and other third-party rights associated with Customer Content.

7.Intellectual-Property Claims

To the extent permitted by law, customers agree to defend, indemnify and hold harmless Custom Box Builder and its affiliates, employees, contractors and suppliers from third-party claims arising from Customer Content supplied or authorized by the customer, including claims involving:

• copyright;
• trademark;
• trade dress;
• publicity rights;
• privacy rights; or
• other intellectual-property rights.

This obligation does not apply to the extent the claim results from unauthorized modifications independently made by Custom Box Builder.

8.Prohibited Content

We may refuse to manufacture content that we reasonably believe:

• violates applicable law;
• infringes third-party rights;
• is fraudulent or deceptive;
• promotes unlawful goods or services;
• contains unlawful threats or harassment; or
• would expose Custom Box Builder or its suppliers to unreasonable legal risk.

Acceptance of Customer Content does not constitute a legal determination that the content is lawful or non-infringing.

9.Artwork Review and Prepress

We may review customer artwork for common technical production issues as a service to our customers.

Any such review does not transfer responsibility for artwork accuracy to Custom Box Builder.

Unless expressly agreed otherwise in writing, Custom Box Builder is not responsible for detecting or correcting:

• spelling errors;
• grammatical errors;
• incorrect wording;
• incorrect telephone numbers;
• incorrect URLs;
• incorrect addresses;
• inaccurate barcodes;
• barcode scanability;
• QR-code content or functionality;
• incorrect logos;
• incorrect images;
• low-resolution graphics;
• incorrect dimensions;
• improper orientation;
• transparency issues;
• overprint settings;
• missing fonts;
• bleed errors;
• safe-area errors;
• customer-created dieline errors;
• color-conversion issues; or
• other errors contained in customer-supplied files.

If our personnel make artwork changes at your request, you remain responsible for reviewing and approving the resulting proof.

10.Proofs and Approval

Where Custom Box Builder provides a proof, the proof represents the customer's final opportunity to review the order before production.

Approval of a proof constitutes authorization to manufacture the products substantially as shown.

Customers are responsible for reviewing:

• text;
• spelling;
• graphics;
• artwork;
• logos;
• orientation;
• panel placement;
• dimensions;
• cutting locations;
• crease locations;
• print areas;
• quantities;
• materials; and
• other information displayed on the proof.

Custom Box Builder is not responsible for an error that was visible on or reasonably identifiable from an approved proof.

Electronic proofs are intended primarily to demonstrate layout, positioning and content.

Electronic proofs are not guaranteed color proofs.

Electronic displays cannot perfectly simulate:

• corrugated substrates;
• kraft paper;
• white liners;
• recycled paper;
• inks;
• coatings;
• varnishes;
• curing;
• gloss;
• surface texture; or
• final manufactured appearance.

Production schedules may be extended where customer approval or required information is delayed.

11.Color Variation

Printing is a manufacturing process and exact color reproduction cannot be guaranteed unless a particular color standard and tolerance have been expressly agreed in writing.

Colors displayed electronically vary based on:

• monitor calibration;
• screen technology;
• brightness;
• operating system;
• browser;
• display settings; and
• ambient lighting.

RGB, CMYK, Pantone and other color systems are not interchangeable, and conversion may result in visible differences.

Printed color may also vary because of:

• substrate color;
• kraft versus white liner;
• recycled fiber content;
• paper composition;
• ink formulation;
• ink density;
• print process;
• coatings;
• varnishes;
• curing conditions;
• surrounding colors;
• environmental conditions; and
• normal manufacturing variation.

Reasonable variations:

• within a production run;
• between individual pieces;
• between samples and production;
• between separate production runs; or
• between prior and repeat orders

do not constitute manufacturing defects.

If color accuracy is critical, the customer must notify us before production and request any physical sample, drawdown, press standard or other color-control procedure that may be available.

Additional charges and production time may apply.

12.Corrugated Material Variation

Corrugated packaging is manufactured from paper-based materials that naturally vary.

Reasonable variation may occur in:

• kraft shade;
• white-liner shade;
• flute;
• caliper;
• paper texture;
• recycled-fiber appearance;
• rigidity;
• moisture content;
• flatness;
• dimensions;
• cuts;
• creases;
• scores;
• folds;
• glue;
• print registration;
• print placement; and
• finished appearance.

Minor score cracking, compression at creases, visible fibers, exposed flute, edge characteristics and similar effects inherent in corrugated converting are not defects unless materially outside normal commercial manufacturing tolerances.

13.Manufacturing Tolerances

Unless a specific tolerance has been agreed in writing, products are subject to reasonable commercial tolerances customary to the applicable corrugated, printing and converting processes.

Minor deviations that do not materially impair the reasonable intended use of the product are not manufacturing defects.

14.Dimensions and Fit

Unless expressly stated otherwise, box dimensions are nominal inside dimensions.

Finished dimensions may vary within reasonable manufacturing tolerances.

The customer is responsible for determining whether:

• dimensions;
• box style;
• material;
• flute;
• board strength; and
• structural configuration

are appropriate for the customer's product.

We strongly recommend obtaining and testing a physical prototype or sample where:

• dimensional clearance is critical;
• products are fragile;
• boxes will be used with automated equipment;
• stacking performance is important;
• unusual shipping conditions apply; or
• packaging performance is commercially critical.

Approval of a sample indicates approval of its general design but does not guarantee that every production unit will be dimensionally or cosmetically identical.

15.Structural and Shipping Performance

ECT ratings, burst ratings, board grades, flute combinations and similar specifications describe material characteristics under particular testing conditions.

Actual package performance can be affected by:

• dimensions;
• contents;
• weight distribution;
• stacking;
• pallet configuration;
• compression;
• humidity;
• moisture;
• temperature;
• storage duration;
• customer assembly;
• tape or closures;
• handling;
• carriers; and
• transportation conditions.

Unless expressly guaranteed in a written specification signed by Custom Box Builder, we do not warrant:

• a specific stacking strength;
• successful delivery by a particular carrier;
• a particular compression performance;
• suitability for a specific distribution environment; or
• prevention of damage to products contained inside the packaging.

16.Quantity Variation

Manufacturing processes may result in reasonable quantity variation.

Unless an exact quantity has expressly been guaranteed in writing, a minor manufacturing shortage does not constitute grounds to reject an entire order.

Customers will not be charged for an unapproved production overrun.

If a shortage occurs, our obligation will be limited, at our option, to:

• manufacturing the reasonable missing quantity; or
• issuing a proportional credit or refund for the shortage.

17.Production and Turnaround Times

Production, completion and delivery dates communicated by Custom Box Builder are estimates unless expressly identified in writing as guaranteed.

Production timelines generally begin only after receipt of all required items, including:

• payment or approved credit;
• final specifications;
• production-ready artwork;
• proof approval; and
• other information reasonably required to manufacture the order.

Quoted turnaround times generally refer to production time and do not necessarily include transportation or delivery time.

Expedited or rush production remains subject to equipment availability, material availability and production conditions.

18.Delays

Custom Box Builder is not responsible for delays resulting from circumstances outside our reasonable control, including:

• customer approval delays;
• artwork changes;
• supply interruptions;
• material shortages;
• mill closures;
• equipment failures;
• utility failures;
• carrier delays;
• severe weather;
• customs delays;
• governmental actions;
• labor disruptions; or
• force-majeure events.

Unless we have expressly agreed in writing to a guaranteed delivery commitment, a delay does not entitle the customer to consequential damages or automatic cancellation of an order already in production.

19.Order Changes and Cancellations

Because products are custom manufactured, the ability to cancel or change an order depends on the stage of production.

Before production-related costs have been incurred, we may permit cancellation or modification.

Once Custom Box Builder has:

• purchased or allocated custom material;
• performed significant prepress work;
• produced printing plates;
• produced cutting dies;
• obtained other tooling;
• scheduled production;
• commenced printing;
• commenced converting; or
• otherwise incurred non-recoverable costs,

the customer is responsible for those costs.

Once manufacturing has begun, orders are non-cancellable and non-refundable except with respect to a qualifying manufacturing defect.

Requested changes may result in additional charges and revised production schedules.

20.Dies, Plates, Tooling and Production Files

Unless expressly agreed otherwise in writing, the following remain the property of Custom Box Builder or its applicable suppliers:

• cutting dies;
• printing plates;
• production files;
• imposition files;
• proprietary CAD files;
• manufacturing files;
• machine-ready files;
• jigs;
• fixtures;
• tooling;
• templates; and
• manufacturing instructions.

This applies even where an invoice contains a tooling, die, plate, setup, prepress or similar charge.

Such charges represent costs associated with preparing the customer's job for production and do not constitute a transfer of ownership unless expressly stated otherwise.

Customer-supplied original artwork remains the customer's property.

21.Samples and Portfolio Use

Unless the customer notifies us in writing before production that a project is confidential, Custom Box Builder may:

• retain reasonable product samples;
• photograph finished packaging; and
• display completed packaging in our portfolio, showroom, Website, social-media accounts, sales materials or promotional materials.

We will not knowingly disclose confidential commercial information merely because it appears in our internal production documentation.

A separate confidentiality or non-disclosure agreement signed by Custom Box Builder will take precedence over this section to the extent of a conflict.

22.Shipping and Delivery

Customers are responsible for supplying complete and accurate shipping information.

Additional charges arising from:

• incorrect addresses;
• failed delivery;
• address changes;
• redirection;
• detention;
• storage;
• special handling; or
• customer-requested delivery changes

may be charged to the customer.

Third-party carrier delivery times are estimates unless the carrier itself provides a guaranteed service.

Where Custom Box Builder arranges transportation to the customer's designated destination, risk of loss transfers upon delivery to that destination.

Where the customer selects, retains or provides its own carrier or carrier account, risk of loss transfers when the products are tendered to the customer's carrier.

Visible transportation damage should be reported promptly and documented where appropriate.

23.Inspection and Defect Claims

Customers must inspect custom-manufactured products promptly after delivery.

Claims involving manufacturing defects, shortages or production errors must be submitted within 10 business days after delivery.

Claims should include reasonable supporting information, which may include:

• photographs;
• samples;
• quantities affected;
• pallet or production information; and
• a description of the alleged defect.

Failure to report an observable defect within this period constitutes acceptance of the products to the maximum extent permitted by law.

A qualifying manufacturing defect means a material failure of the product to conform to approved specifications or reasonable commercial manufacturing standards.

Normal tolerances and variations described in these Terms are not defects.

We may require allegedly defective products or representative samples to be retained or made available for inspection.

24.Remedy for Defective Products

If Custom Box Builder determines that products contain a qualifying manufacturing defect attributable to us, our obligation will be, at our option, to:

1. repair or correct the affected products where practical;
2. reproduce the affected quantity;
3. issue a credit for the affected quantity; or
4. refund the amount paid for the affected quantity.

To the maximum extent permitted by law, these are the customer's exclusive remedies for defective custom-manufactured products.

A defect affecting only part of an order does not entitle the customer to reject unaffected products.

Replacement production is subject to reasonable manufacturing schedules and capacity.

25.Customer Storage and Handling

Paper and corrugated materials can be affected by environmental conditions.

Custom Box Builder is not responsible for warping, deterioration, loss of strength, discoloration, delamination or other changes caused after delivery by:

• excessive humidity;
• excessive dryness;
• water;
• temperature;
• sunlight;
• improper stacking;
• excessive pressure;
• outdoor storage; or
• other inappropriate storage or handling.

Customers are responsible for appropriate storage and handling after delivery.

26.Taxes, Tariffs, Duties and Customs

Customers are responsible for applicable sales, use, excise, value-added or similar taxes unless a valid exemption has been provided.

Responsibility for cross-border tariffs, customs duties, brokerage charges and related governmental fees is determined by the applicable quotation, invoice, shipping terms or agreed Incoterm.

Where responsibility is not expressly stated, governmental charges arising specifically because of the customer's importation, destination or customs treatment are the customer's responsibility to the extent permitted by law.

27.Website Accounts and Security

Users are responsible for:

• maintaining accurate account information;
• protecting login credentials; and
• activity conducted through accounts by authorized persons.

Please notify us promptly if you believe an account has been compromised.

We may suspend an account reasonably believed to have been compromised or used fraudulently.

28.Website Intellectual Property

The Website and its:

• text;
• photographs;
• software;
• graphics;
• interfaces;
• online design tools;
• code;
• databases;
• trademarks;
• branding; and
• other Custom Box Builder content

are owned by or licensed to Custom Box Builder and protected by applicable intellectual-property laws.

Except where expressly permitted, users may not reproduce, scrape, redistribute, reverse engineer, systematically extract or commercially exploit Website technology or content without our written consent.

29.Website Availability

The Website, quotation tools, design tools, calculators and other online features are provided on an “as available” basis.

Custom Box Builder does not guarantee that every:

• calculation;
• visual rendering;
• 3D preview;
• recommendation;
• quotation;
• configuration; or
• Website feature

will be uninterrupted or error-free.

Customers remain responsible for reviewing final specifications before ordering.

We may modify, replace, suspend or discontinue Website features from time to time.

30.Third-Party Services

Our Website may incorporate or link to independent services such as:

• payment processors;
• carriers;
• financing providers;
• advertising platforms;
• analytics providers;
• software providers; and
• other third parties.

Those providers may be subject to their own contractual and privacy terms.

Our treatment of personal information remains governed by our Privacy Policy.

31.Privacy, Cookies, Analytics and Advertising

Custom Box Builder may use cookies, pixels, analytics, advertising technologies, conversion-measurement technologies and related tools as described in our Privacy Policy.

These may include technologies used for:

• analytics;
• advertising attribution;
• enhanced conversions;
• remarketing;
• retargeting;
• advertising optimization;
• audience measurement;
• customer matching; and
• other digital-marketing purposes.

Where applicable law requires consent or provides an opt-out right, we will provide the applicable mechanism.

32.Disclaimer of Warranties

To the maximum extent permitted by applicable law and except for warranties expressly provided by Custom Box Builder in writing:

• the Website is provided “as is” and “as available”; and
• products and services are provided without implied warranties beyond those that cannot lawfully be excluded.

To the maximum extent permitted by law, Custom Box Builder disclaims implied warranties of:

• merchantability;
• fitness for a particular purpose; and
• non-infringement.

Nothing in these Terms excludes any statutory warranty or consumer protection that applicable law does not permit us to exclude.

33.Limitation of Liability

To the maximum extent permitted by applicable law, Custom Box Builder, its affiliated companies, officers, directors, employees, contractors and suppliers will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages.

This includes, without limitation:

• lost profits;
• lost revenue;
• lost sales;
• loss of business;
• loss of goodwill;
• production downtime;
• recall costs;
• repacking costs;
• customer penalties;
• chargebacks;
• loss of opportunity;
• loss of data; or
• losses resulting from delay.

This limitation applies even where we have been advised that such damages are possible.

Except where liability cannot legally be limited, Custom Box Builder's aggregate liability arising from a particular product, service or order will not exceed the amount actually paid to Custom Box Builder for the specific product, service or affected portion of the order giving rise to the claim.

34.Indemnification

To the maximum extent permitted by law, customers agree to defend, indemnify and hold harmless Custom Box Builder and its affiliates, employees, officers, contractors and suppliers from third-party claims, damages, liabilities and reasonable costs arising from:

• Customer Content;
• infringement allegations concerning customer artwork, trademarks or logos;
• unlawful use of our Website or products;
• violation of these Terms; or
• materially false information supplied by the customer.

This does not apply to the extent a claim was caused by Custom Box Builder's own unauthorized conduct.

35.Force Majeure

Custom Box Builder will not be liable for delays or failure to perform caused by circumstances beyond our reasonable control.

Such circumstances may include:

• natural disasters;
• severe weather;
• fire;
• flood;
• epidemic or pandemic;
• war;
• civil disturbance;
• terrorism;
• labor strikes;
• labor shortages;
• transportation interruptions;
• carrier failures;
• utility outages;
• Internet outages;
• cybersecurity incidents not caused by our failure to maintain reasonable safeguards;
• machinery failure despite reasonable maintenance;
• material shortages;
• mill closures;
• supplier failures;
• embargoes;
• tariffs;
• trade restrictions;
• customs disruptions;
• governmental orders; or
• changes in law.

We will use commercially reasonable efforts to mitigate material effects where practical.

36.Canadian Transactions

Where the contracting seller is Custom Box Builder Inc., these Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

Subject to rights that cannot lawfully be waived, the courts located in Toronto, Ontario will have exclusive jurisdiction over disputes arising from the transaction.

37.U.S. Transactions

Where the contracting seller is Custom Box Builder USA Inc., these Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-laws principles.

Individual Arbitration

To the maximum extent permitted by applicable law, disputes arising from a U.S. transaction that cannot be resolved informally will be resolved through binding individual arbitration administered by the American Arbitration Association under the rules applicable to the dispute.

Arbitration may be conducted remotely where permitted.

To the maximum extent permitted by law, neither party will bring a covered claim as a plaintiff or class member in a class, consolidated or representative proceeding.

If a court determines that arbitration cannot legally be required for a particular claim, that claim may proceed before a court of competent jurisdiction without invalidating the remainder of this arbitration provision.

A U.S. customer may opt out of this arbitration requirement by delivering written notice to Custom Box Builder USA Inc. within 30 days after first becoming subject to these Terms.

Notice may be sent to:

support@customboxbuilder.com

or

This provision does not prevent either party from seeking temporary or injunctive relief reasonably necessary to protect intellectual property or confidential information.

38.Time Limit for Claims

To the maximum extent permitted by law, any legal claim arising from a transaction must be commenced within one year after the claimant knew or reasonably should have known of the circumstances giving rise to the claim.

This provision does not shorten any statutory limitation period where doing so is prohibited by law.

39.Business and Consumer Transactions

Many Custom Box Builder products are sold for commercial purposes.

Where a purchaser is legally considered a consumer, nothing in these Terms removes any non-waivable consumer right.

If a provision conflicts with mandatory consumer-protection legislation, the applicable mandatory legislation controls only to the extent of that conflict.

40.Purchase Orders and Customer Terms

Terms contained in a customer's purchase order, vendor portal, acknowledgment, procurement documentation or other document do not modify these Terms merely because Custom Box Builder:

• receives the document;
• accepts an order;
• ships products;
• submits an invoice; or
• uses the customer's procurement system.

Customer terms will modify these Terms only if expressly accepted in writing by an authorized representative of Custom Box Builder.

41.Assignment

Customers may not assign material obligations under an order without our consent except in connection with a bona fide transfer of the customer's business where the successor assumes the applicable obligations.

Custom Box Builder may assign these Terms or a transaction to an affiliate or successor in connection with:

• corporate restructuring;
• financing;
• merger;
• acquisition; or
• sale of substantially all relevant business assets.

42.Changes to These Terms

We may update these Terms from time to time.

Unless otherwise agreed or required by law, the version in effect when an order is accepted governs that order.

Updated Terms apply prospectively to future Website use and transactions after publication.

43.Severability

If any provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent, and the remaining provisions will continue in effect.

44.Waiver

Failure to enforce a provision on one occasion does not waive our right to enforce that provision on another occasion.

45.Entire Agreement and Priority

These Terms, together with:

• our Privacy Policy;
• the applicable quotation;
• order confirmation;
• approved proof; and
• invoice

constitute the agreement governing an order.

A separately signed written agreement between Custom Box Builder and the customer takes precedence over these Terms where it expressly conflicts with them.

46.Contact

Questions concerning these Terms may be directed to:

Custom Box Builder Inc.

Custom Box Builder USA Inc.