Terms and Conditions

Terms and Conditions

Welcome to Duropack Limited!

These terms and conditions outline the rules and regulations for the use of DUROPACK LIMITED website, http://duropackindia.com. Duropack Limited offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “Buyer”, “Receiver”, “Purchaser”, “Customer”, “Consumer”, “Consumers”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

WEBSITE

By accessing this website we assume you accept these terms and conditions. The following Standard Conditions vary from time to time by the Company will govern this transaction and all contracts between the parties except as otherwise specifically agreed in writing by the buyer and the Company. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We use our reasonable efforts to include accurate and up to date information on all pages of our website. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Any material downloaded or accessed through the web pages on our websites is done entirely at the Buyer's or viewer's own risk. The Buyer or viewer is solely responsible for any resulting damage to software, computer systems, and/or any loss of data, even if we have been advised of the possibility of such damage.

We bear no liability for any third-party websites linked or accessible through our website, and we neither endorse nor approve the content of such sites.

Unless expressly stated otherwise, the text and graphics in the information on this website are the copyright of Duropack Limited. The entirety of our Company website's contents remains the property of Duropack Limited and is copyrighted, with all rights reserved.

PAYMENT TERMS

For non-credit account holders: Payment must be made in advance while placing the order. The deposit could range between 50% to 100% Advance at the time of order placement, depending upon the nature of the order (customized/ non customized). In case of non customized order, a complete 100% Advance should be paid upfront, until agreed upon otherwise. For customized, a minimum 50% upfront deposit is required. However balance amount should be cleared before dispatch.

For those with approved credit accounts: The net monthly account must be settled in full for goods invoiced by the last day of a calendar month, and payment must reach the company no later than the last day of the following calendar month unless agreed upon otherwise via a mutually signed agreement/ contract between the two parties. The company reserves the right to charge interest at commercial rates on any outstanding amounts beyond the due settlement date. Additionally, the purchaser is responsible for covering all expenses and legal costs, on a solicitor and own client basis, incurred by the supplier in addressing the failure to comply.

PRICES AND QUANTITIES

Quotations serve informational purposes only and become binding on the Company when they are incorporated into a written order accepted by the Company. All quoted prices exclude GST. The Company reserves the right to modify or adjust prices until the goods are dispatched. The company assumes no responsibility for local duties, customs, freight, or taxes associated with the importation or delivery of goods to or by the buyer.

Stock Pouches may experience a quantity variation of +-5%, while Custom printed orders may experience a quantity variation of up to +-30% (plus or minus Thirty Percent), and customers are expected to accept this variance. Customers will be informed about the quantity variation before placing an order. No refund, credit, or discount will be provided for extra or under-produced quantities; the customer is required to pay for the balance quantity when the products are ready for delivery.

CONTRACTS

In the case of a "Call Off" contract order placed with the company without specific delivery dates, the buyer acknowledges that the entire ordered quantity may have been produced. It is explicitly agreed that, in such circumstances, the total contracted quantity will be accepted for delivery within one year of placing the order with the Company.

The Company retains the right to annul any contract or order with the buyer, or to postpone the delivery of goods, under the following conditions:

• If any amount owed by the Buyer to the Company is overdue for payment.
• If the Buyer violates any term of the same or any other contract with the Company.
• If the Buyer engages in any composition or arrangement with or for the benefit of creditors, receives a bankruptcy order, or enters into liquidation or receivership, whether voluntary or compulsory

OWNERSHIP

The Company and the Buyer explicitly agree that, until the Company has received full payment for the goods covered by this or any other sales contract between them, the goods shall remain the exclusive and absolute property of the Company. The Company reserves the right to reclaim the goods at any time from the Buyer if the outstanding amount remains unpaid after the designated payment due date. To facilitate this, the Company, its employees, and agents may access any land or building where the goods are located.

The Buyer, in the regular course of their business, has the right to dispose of the goods owned by the Company. However, this right is conditional upon the Buyer holding the proceeds from such disposal in trust and promptly paying any amounts owed to the Company upon demand.

Cylinders, tools, dyes, molds, and other equipment created, prepared, or acquired by the Company shall always be the property of the Company, irrespective of whether a charge is levied on the Buyer. The Company retains exclusive rights to any patents, registered designs, trademarks, copyrights, or other intellectual property rights associated with such items. Furthermore, any design, artwork, or logo produced by the Company for the customer remains the property of the Company, with or without a charge to the buyer. The customer is prohibited from using or providing the same or slightly altered design to any other company for the purpose of obtaining custom-printed packaging.

CLAIMS

Claims regarding any alleged defects in the quality of delivered goods must be submitted in writing within 14 days following delivery. If the claim pertains to the transportation of the goods, it should be made within a timeframe that allows the Company to adhere to the time limits and procedures specified by the carriers responsible for transporting the goods.

The return of goods requires prior agreement between the buyer and the Company. A handling charge, equivalent to 10% of the invoice value, applies to any returned goods, except those agreed upon in advance in writing or returned due to faulty manufacture or transit damage.

If the buyer lodges a complaint within the specified time frame, the Company, after a reasonable period for investigation and examination of the disputed goods, may choose to:

• Replace any defective goods,
• Accept the return of defective goods and credit the buyer with the sale price, or
• Provide the buyer with an allowance reflecting the difference between the value of the defective goods at the time of the complaint and their value if they had not been defective. In this case, the buyer is required to pay the undisputed balance according to normal terms.

CANCELLATION OR ALTERNATION OF ORDERS

In the event that the Company commits to supplying goods, it reserves the right to reject a request for order cancellation, suspension, or alteration if materials or components have been procured from a third party or if the manufacturing process of the goods has already commenced. Once an order has been accepted by Duropack Limited, the Buyer cannot cancel it without the written agreement of the Company. If cancellation is permitted, it must be done on terms wherein the Buyer agrees to fully indemnify Duropack Limited against all losses (including loss of profit), costs (including labor and materials expenses), damages, charges, and incurred expenses resulting from the cancellation.

Regarding stock products and stock pouches, consumers are not entitled to return the product and request a refund if they:

• Change their mind and no longer desire the product
• Order the wrong product.
• Find the product at a lower price elsewhere
• Discover a better product elsewhere
• Mishandled the product themselves such as tampered with outer box packing
• Were aware of a relevant fault before purchasing the product (e.g., color variation in paper pouches)
• Damage the product by misusing it, such as opening the pouches in a way that results in creasing on the surface
• Use the product for an extended period, and the issue arises due to normal wear and tear

DELIVERY AND QUANTITIES

Once an order is confirmed, the Buyer is obligated to accept the goods when they are ready for delivery by the Company, regardless of any provided lead time indication. If the Company agrees to deliver goods to a location chosen by the Buyer, the Buyer must arrange for the unloading of the goods or reimburse the Company for the associated unloading costs. Should the Buyer fail to take delivery at the specified time according to the Contract, the Company reserves the right to:

• Invoice the goods immediately
• Charge rates that reflect an economic return for handling, storage, and insurance of the goods from the invoice date until the date of delivery or until the Company, at its discretion, disposes of the goods

For any attempted redeliveries by the freight company, additional charges will apply, and the customer is responsible for settling those charges.

Every delivery is entitled to an "Authority To Leave." It is important to note that the company cannot assume responsibility for the safety of parcels left with an authority to leave request. In the event of product loss, the company is not liable to provide replacements, refunds, credits, or discounts.

When goods are manufactured to the buyer's specifications, it is understood that the delivered quantity may vary by up to +-30% from the order quantity. Any additional quantity will be invoiced and payable, while any deficiency may be credited or refunded as appropriate.

The Company bears no liability for delivery when the Buyer specifies deliveries to be made by specific or nominated agents.

MATERIALS, PRODUCTION AND FINISHED GOODS

The Company is only bound by written warranties or representations. The only guaranteed aspect is that the goods sold will align with the contractual description. If a buyer orders based on samples, efforts will be made to align the goods with the sample, but the Company isn't responsible for small differences. Stock sizes, dimensions and weights may vary slightly but won't make the goods unsuitable for the buyer's needs.

For goods made to the buyer's specifications, despite efforts to provide an exact size, thickness, color, function, or quality, commercial manufacturing processes and material nature may lead to production variances within certain trade tolerances. Details of these tolerances can be provided upon request.

No guarantee is provided regarding the fitness of the goods for the buyer's specific purpose, and it is the buyer's responsibility to ensure their suitability for the intended use.

Printing Process and Production : While Pantone colours are used as references for all Rotogravure Print, Static printing, Digital Printing, the customer must understand that these Pantone provides just the guideline to colour matching and exact outcome may vary. In case of Static printed/ screen printed pouches, the technology limitations are applicable since the said process is done directly on surface printing. Customer is expected to be aware of these limitations at the time of order placement and KLD approvals. In cases where the Company is entrusted with design or printing work, colors need only be a commercial match, and the buyer assumes responsibility for errors in proofs that they have approved. The buyer will indemnify the Company for any expenses or liabilities arising from breaches of copyright, trademarks, etc.

During commercial production, variances may occur that can impact the size, color, and function of the packaging, and the customer is expected to accept these variations.

LIMITATION OF LIABILITY

The Company is not responsible for any failure to fulfill this or any other contract, whether in whole or in part, if the failure is due to circumstances beyond the Company's control. It is explicitly agreed that the Company will not be accountable for any consequential loss incurred by the customer due to unsatisfactory order completion, regardless of the cause. Any leniency or indulgence shown by the Company to the buyer, whether related to these conditions or otherwise, does not affect the Company's rights against the Buyer or constitute a waiver of any conditions. Time is not a critical aspect of this or any other contract with the Company.

The Company is not liable for recommendations and advice regarding the usage and treatments of its products. Specifically, the Company cannot guarantee that the supplied goods are suitable for the intended applications. The Company bears no responsibility for packed items, and it is the Buyer's duty to ensure that the packaging complies with legal requirements for their specific products or in a specific country where the product is being sold. The maximum claim against the company is limited to the invoiced amount, and no claim for consequential loss will be recoverable.

We, at Duropack Limited takes great care in producing all products, but out total liability to the Customer under the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the Purchase Price of the Goods. Duropack Limited will not be held liable to :

• economic loss to the customer’s product
• loss of profits
• loss of sale or business
• loss of agreements or contracts
• loss of or damage to goodwill
• any indirect or consequential loss
• or in any other short circumstances

TRADE CUSTOMS

Packaging Trade Customs for the time being in force obtainable from the Packaging Distributors Association shall apply except where inconsistent with these conditions or the express terms of any contract between the Company and the Buyer

PATENTS AND TRADE MARKS

The Company makes no representation, warranty, or indemnity that the Goods do not violate any letters patent, trademarks, registered designs, or other industrial property rights.

If Duropack Limited is tasked with manufacturing or designing the goods based on a specification provided by the Buyer, the Buyer or the third party shall hold Duropack Limited Pouch harmless, indemnifying them against all damages, costs, and expenses arising from any claim for infringement of patents, copyrights, designs, trademarks, or other industrial or intellectual property rights of any other person resulting from the Company's utilization of the Buyer's specification.

EXPORT TERMS

In these conditions, 'incoterms' refers to the international rules for interpreting trade terms of the International Chamber of Commerce as applicable on the date when a particular meaning is defined or given. The provisions of Incoterms have the same meaning in these conditions. In case of any conflict between Incoterms and these conditions, the latter shall take precedence.

The Buyer is responsible for adhering to any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any associated duties.

FORCE MAJEUR

The Company is not liable to the Buyer for any inability or delay in supplying or delivering goods or for any damage or defect in the supplied or delivered goods resulting from events or circumstances beyond the Company's reasonable control.

GOVERNING LAW

The interpretation and terms of these conditions will be governed by the Laws of India

PRODUCTION SPECIFIC TERMS AND CONDITIONS:

Custom Manufactured Orders : All custom orders cannot be cancelled or altered by the buyer once they are approved.
Deposits and Payment Terms:
Roto-Gravure Production: 50% Deposit as Advance upon order and balance 50% before the first dispatch of the order
Digital Production: 50% Deposit as Advance upon order and balance 50% before the first dispatch of the order
Duropack Limited also reserves the right to request payment in full upon placement.
Customer has to pay any fees related to cylinders/ custom die / special tools / screen development/ plates / artwork / PDF Proofs/ any other development needed for production
All taxes are as applicable.

*** Balance is always due when product manufacturing is complete and ready to ship.
Deposits are non-refundable
Deposits must be paid to the company prior to production.

Payment balance must be received in full prior to the order being shipped from /picked up from the Company’s warehouse or outlet or their manufacturing plant.
Orders must be picked-up within 3 weeks of notification from Duropack Limited (Customer will be notified once order is ready for shipping). If order is not picked-up within 3 weeks —warehousing fees will be applicable.
Order will be disposed if not picked-up within 3 Months of manufacturing; cost of such disposal will be invoiced to the customer.
All Over-runs in production of the product will be added to the final invoice to the customer. (Over-run may range between 20%-65% depending on order quantity). If there is an under-run of product, the final invoice will be adjusted to final quantity of bags delivered to customer.
The customer must accept 20% to 25% Shade variation in colors
Custom printed pouches will feature two small Eye Marks at the top or bottom corners, and customers must acknowledge and accept their presence. In many cases, the Eye Marks cannot be removed, as they play a crucial role in guiding the machine during the pouch-cutting process.

Due to the semi-automatic nature of the process, there may be a 3-5mm variance in the valve's placement compared to the specified dimensions. Customers are required to acknowledge and accept this difference.

Consumers do not possess the right to return custom printed bags and pouches for a refund if they:

• Change their mind and no longer want the product
• Order the wrong product.
• Provide the company with incorrect artwork.
• Find the product cheaper elsewhere.
• Find a better product elsewhere.
• Were aware of relevant faults before buying the product, such as color variation on the electronic mock-up of artwork.
• Damage the product by misusing it, for instance, opening the pouches in a way that causes creasing on the surface.
• Use the product for an extended period, and the issue is a result of usual wear and tear.

As Duropack Limited uses natural kraft paper for manufacturing paper pouches, so there are chances that the texture and colour of the paper might vary due to different paper pulp. Thus, any colour variation in the stock or custom paper pouches should be accepted.

Static Printing
For Static/ Screen Printing, front side and back side would be counted as separate impressions.
There might be a chance for misalignment in the design, if the colors are very near to each other, the customer would have to accept those pouches
The printing is done on the top surface of the pouch. If the pouches are scratched using more than normal force than ink will peel off.
Each shade has a different scratch resisting strength, metallic colors have less strength than normal colors.
There will be slight smell of inks as this technology does not have smell proof inks. We can smell the inks from outer surface of pouch as the printing is done on the outer surface of the pouch. Therefore, the goods packed inside the bags will have no effect of smell. The customer must accept 20% to 25% Shade variation in colors.
There will be shift in registration of colors in the design which should be accepted by the customers.
For Rotogravure Printing, once an order is placed, the cylinders will be stored for a duration of 18 months. If no repeat order is received within that timeframe, Duropack Limited reserves the right to scrap those cylinders without providing any additional notice or refunds to the customers.

The Company bears no responsibility for spelling/grammatical errors or for the omission of any information regulated by a controlling body for the specific product. It is the customer's responsibility to proofread the content and information intended for printing on the product bags. Duropack Limited will print according to the approved die lines received from the customer.

Duropack Limited is not liable for any damage to the product that may occur during shipping and handling.

Duropack Limited is solely responsible for the value of the packaging it sells and will not be held responsible or liable for the contents of the bag during the filling process.

Delivery time:

Roto-Gravure Production: 5-7 weeks by Express Delivery, 10-12 weeks by Normal Delivery
Static Printed Pouch Production : 2-3 weeks by Express Delivery, 3-6 weeks by Normal Delivery
Digital Bag Production: 4-6 weeks

Permissions:

The Customer grants the company and its affiliates the right to use the printed and custom bags as production samples for display at trade shows. The Customer also authorizes Duropack Limited to showcase their custom printed pouch in advertising and publications through social media, public marketing, printed materials, websites, and as samples to other customers, illustrating the extent of their manufacturing capabilities. Any objections to this condition can be communicated to the Company and the Company shall address the same, keeping in mind the cruciality of privacy it might deem important for customer.

Quotations remain valid for 30 days, and prices are subject to change on future orders without prior notice.

For Colour Accuracy in Printing processes, printing files will be processed using a CMYK printing method unless specifically requested by the customer for colour matching. This may result in variations in colours, shade, tone, etc., from what is observed on printed proofs and computer screens. If specific Pantone colours are required, they should be indicated on the die line and purchase orders, with this information outlined on the order confirmation, as it can impact pricing.

Regarding Roto-Gravure Printing, Pantone colours should be indicated when submitting artwork to ensure colour accuracy during the printing process.

*** Prior to production, the Customer is recommended to approve final proofs and take responsibility for verifying all sizes, dimensions, and specifications on die-lines.

If an order is processed through a Third Party, Re-Seller, or Distributor, and the signed documentation, including Proofs, Terms and Conditions, Order Details, Order Confirmation, etc., is executed by someone other than the Officer of the Company whose design/artwork is being printed and manufactured, the Re-Seller/Third Party is obligated to present all terms and conditions to the Officer of the represented Company. The Re-Seller/Third Party confirms that the terms and conditions outlined in this Agreement are fully accepted by the Company it represents.

The Customer provides a personal guarantee for the payment of all obligations to Duropack Limited upon placing an order and agrees to be bound to pay any sum due to Duropack Limited on demand. This guarantee is continuous and irrevocable, allowing action to be taken against the Customer for non-payment without prior notice.

Stock sizes and weights of goods are approximate and may not precisely match their contractual description, provided such differences do not render the goods unsuitable for the buyer's purposes.

During Pouch manufacturing, size deviations of 2-3mm in width, height, and depth may be observed.

Due to the nature of commercial pouch production, there is a possibility that some colors may fade or change shade during the heat sealing and shaping process. This occurrence is beyond our control and must be accepted by the customer as not rendering the product unusable.