Terms & Conditions

Welcome to QPack. These Terms & Conditions set out the legally binding contract between QPACK - CUSTOM PACKAGING LTD (“QPack”, “we”, “us”, or “our”) and the business entity, sole trader, or corporate customer (“Customer”, “Client”, or “you”) purchasing bespoke custom-manufactured packaging, boxes, paper bags, labels, or related conversion services. By requesting a trade quotation, approving a digital proof, paying a deposit, or placing an order, you unconditionally agree to be bound by these Terms.

1. Scope, Definitions & B2B Commercial Contract Framework

QPack operates as a commercial B2B (business-to-business) packaging manufacturer and converter. All sales, manufacturing orders, and supply agreements are strictly commercial transactions between commercial entities under the laws of England and Wales. QPACK - CUSTOM PACKAGING LTD is a private limited company registered in England and Wales under Company Number 13155258, with registered office at 128 City Road, London, EC1V 2NX, United Kingdom.

These Terms apply to all quotations, purchase orders, digital proofs, sampling agreements, manufacturing runs, and deliveries issued by QPack, to the absolute exclusion of any conflicting standard purchasing terms or purchase order conditions submitted by the Customer.

2. Quotations, Pricing Structure & Order Formation

All commercial quotations issued by QPack are based on current raw paperboard, pulp, adhesive, foil, ink, and freight indices and remain valid for fourteen (14) calendar days from the date of issuance, unless expressly stated otherwise in writing.

• Price Basis: Quotations are provided net of Value Added Tax (VAT), customs clearance duties, import tariffs, and specialized courier unloading surcharges, unless explicitly itemized as inclusive.
• Order Acceptance: A binding contract is formed only upon the occurrence of all three of the following milestones: (a) receipt of the Customer’s formal written or digital purchase order; (b) receipt of cleared initial funds (standard 50% non-refundable manufacturing deposit, or 100% advance payment for new trade accounts); and (c) formal written sign-off of the electronic pre-production digital proof.
• Price Re-calculation: If the Customer requests modifications to dimensions, substrate grammage, board grade, embellishments (e.g. foil stamping, spot UV, embossing), order quantities, or delivery postcodes after a quotation has been issued, QPack reserves the right to recalculate pricing to reflect actual manufacturing adjustments.

3. Digital Proof Approval as Final Irrevocable Authorization

Prior to tooling fabrication, plate imaging, cutting forme production, or high-speed rotary manufacturing, QPack provides an electronic pre-production digital proof (PDF dieline document, 2D composite illustration, or 3D digital visualization) via email or client approval portal.

Sole Customer Responsibility for Inspection: The Customer holds 100% sole, absolute, and non-delegable legal responsibility for thoroughly scrutinizing, testing, and confirming every visual and technical detail of the digital proof prior to granting sign-off, including but not limited to:

• Dimensional Precision: Exact length × width × depth dimensions, internal usable clearances, caliper thickness, base widths, and tuck-in flap geometry;
• Copywriting & Typography: Text accuracy, spelling, grammar, ingredient lists, nutritional declarations, allergen alerts, mandatory legal disclaimers, and font embedding;
• Dieline Orientation & Mechanics: Orientation of artwork against the dieline, crease score lines, perforation cuts, glue tab placements, window cutouts, and opening flap directions;
• Regulatory & Machine-Readable Symbols: Barcodes (EAN-13, UPC), QR codes, recycling symbols, FSC® certification logos, and CE/UKCA marks for scannability, quiet zone clearance, and contrast;
• Colour Channels & Layering: CMYK process separations, Pantone spot ink assignments, varnish masks, hot foil stamping paths, and embossing dies.

Irrevocable Authorization & Total Release of Liability: Formal approval of the digital proof (whether conveyed via written email sign-off, client portal button, or signed authorization sheet) constitutes the Customer’s final, irrevocable, and conclusive instruction to proceed directly to mass production. Once the digital proof is approved by the Customer, QPack accepts NO liability whatsoever for any errors, omissions, misspellings, incorrect dieline orientations, barcode read failures, or sizing mismatches that were present or visible on the approved proof.

The approved digital proof serves as the absolute, binding benchmark and master specification for the entire manufacturing run. Any alteration requested by the Customer subsequent to proof sign-off shall be treated as a formal contract amendment and will incur plate re-making, die fabrication, machine recalibration, and raw material replacement charges at the Customer’s sole expense.

4. Manufacturing Tolerances, Material Physical Standards & Natural Variances

Custom packaging manufacturing involves the physical conversion of hygroscopic organic cellulose fibres (solid bleached sulphate, folding boxboard, unbleached kraft paper, and fluted corrugated board) through high-speed rotary printing, mechanical platen die-cutting, folding, scoring, and automated gluing. The Customer expressly acknowledges and accepts that natural physical variations are inherent to industrial packaging conversion. Finished goods shall be evaluated against the following strict contractual tolerance benchmarks:

Conclusive Legal Consequence of Contractual Tolerances: Any packaging delivered with dimensions, grammage, or quantities within these specified tolerance thresholds shall be legally deemed conforming, merchantable, free from defect, and in full compliance with the contract. No return, credit note, price reduction, reprint, or refusal of delivery shall be accepted for dimensional variations or natural variances falling within these contractually agreed parameters.

5. Bespoke Custom Goods Statutory Exemption (No Cancellations or Returns)

In accordance with Section 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and general English commercial contract law, goods made to the Customer’s personalized specifications or clearly customized are exempt from statutory cancellation rights.

Because all packaging, boxes, bags, and printed materials supplied by QPack are manufactured to unique bespoke specifications, dielines, and artwork, the Customer has no statutory or contractual right to cancel an order, return goods for convenience, or request a refund once manufacturing preparation, material allocation, tooling, or proof approval has taken place.

6. Strict Replacement, Defect Claim & Rectification Protocol

QPack takes immense pride in delivering precision-engineered packaging. However, because bespoke conversion relies on explicit customer authorizations and physical material tolerances, our replacement and remediation policy is governed by strict, unequivocal commercial rules:

Sole Basis for Replacement or Reprint: Replacements, reprints, or financial credits will be granted STRICTLY AND ONLY IF there is a proven, material manufacturing defect that is solely, demonstrably, and exclusively attributable to QPack’s gross operational error, which simultaneously satisfies all of the following conditions:

1. Objective Deviation from Proof: The defect decisively deviates from the Customer-approved digital proof;
2. Exceeds Allowable Tolerances: The dimensional variance exceeds the allowable manufacturing tolerances defined in Section 4 (i.e. greater than 0.5 cm / 5mm for folding cartons, rigid boxes, sleeves, and bags; or greater than 50mm for large corrugated transit shippers);
3. Primary Functional Failure: The defect renders the packaging physically incapable of performing its primary packaging or assembly function;
4. Timely Verified Claim: The claim has been submitted within the mandatory 48-hour inspection window with calibrated photographic evidence, and the requisite batch volume has been preserved for inspection.

Absolute Exclusion of QPack Liability: QPack shall have zero liability, and shall issue neither replacements nor credits, where any of the following apply:

• The alleged error, misspelling, font distortion, or dimensional issue was present, visible, or uncorrected on the digital proof approved by the Customer;
• The variance falls within the contractual tolerances of 0 to 0.5 cm (0-5mm) for boxboard/bags, or 10mm to 50mm for corrugated transit packaging;
• The Customer supplied low-resolution raster imagery (under 300 DPI), RGB colour profiles that shifted during CMYK conversion, un-embedded fonts, or inaccurate CAD cutter guides;
• Discrepancies result from substrate colour variation, unbleached brown kraft absorption, or visual monitor calibration differences;
• Goods have suffered environmental damage post-delivery due to high humidity, moisture exposure, direct sunlight, poor pallet stacking exceeding Edge Crush Test (ECT) ratings, or sub-zero temperature degradation;
• The Customer or any third party has filled, glued, labelled, distributed, or modified the delivered packaging.

Mandatory 48-Hour Inspection Window: The Customer is under an absolute commercial duty to inspect all delivered consignments immediately upon physical arrival. Any defect claim must be submitted in writing to support@qpack.co.uk within forty-eight (48) hours of physical courier delivery. Claims received after 48 hours are legally deemed waived, and the goods shall be conclusively presumed conforming and accepted in full.

Evidence & Consignment Preservation Requirements: To initiate a valid defect claim, the Customer must provide:

• Written notification detailing the specific order reference number and delivered quantity affected;
• High-definition photographs and video recordings clearly displaying the alleged defect alongside a calibrated metric steel ruler showing the dimensional discrepancy;
• Consignment Retention: The Customer must retain at least ninety-five percent (95%) of the disputed consignment in its original delivered pallets and outer cartons, stored securely indoors, available for physical collection, courier pickup, or on-site engineering audit by QPack. If the Customer destroys, recycles, sells, or disposes of any part of the batch prior to our inspection, the claim is permanently extinguished.

Sole Remedy: Where a defect solely attributable to QPack is verified, QPack’s sole obligation and liability shall be, at our exclusive discretion, to either: (a) reprint and replace the non-conforming portion of the order within a commercially reasonable production timeframe; or (b) issue a credit note for the net invoice value of the defective units.

7. Tooling, Cutting Formes, Printing Plates & CAD Assets

All cutting dies, platen formes, embossing blocks, foil tooling, and flexographic or lithographic printing plates manufactured, prepared, or sourced by QPack remain the exclusive physical and intellectual property of QPack, even where the Customer has paid a tooling contribution fee. Tooling contribution charges defray design engineering, plate setting, storage, and machine makeready calibration, but do not convey title or right of collection to physical tooling.

Tooling and plates are retained for repeat orders for a period of up to twelve (12) months following the date of the last production run. After 12 months of account inactivity, QPack reserves the right to decommission, dismantle, or recycle tooling without prior notice.

8. Production Lead Times, Shipping & Risk Transfer

Quoted production lead times (e.g. 7-10 working days, 10-14 working days) are commercial estimates calculated from the date on which BOTH cleared deposit payment AND written digital proof approval have been received. Lead times exclude weekends, UK bank holidays, and scheduled annual factory maintenance.

• Transfer of Risk: The risk of loss, damage, or deterioration in the goods transfers to the Customer immediately upon physical delivery by our nominated courier carrier to the delivery address specified in the order, or upon collection by the Customer’s own designated freight carrier.
• Transit Delays: QPack partners with established national logistics providers (including DPD, Royal Mail, and pallet haulage networks). However, QPack shall not be held liable for transport delays caused by severe weather, road congestion, vehicle breakdowns, fuel shortages, port clearance delays, or courier operational bottlenecks beyond our direct control. Time of delivery shall not be of the essence.

9. Client Intellectual Property, Trademarks & Full Indemnity

The Customer explicitly warrants and covenants that it is the sole legal owner of, or possesses all valid and enforceable commercial licenses for, all trademarks, brand names, registered designs, logos, graphics, text, and artwork submitted to QPack for reproduction. The Customer warrants that the printing and conversion of such materials does not infringe any third-party copyright, patent, trademark, trade secret, or proprietary right.

Comprehensive Customer Indemnity: The Customer agrees to fully indemnify, defend, and hold harmless QPack, its directors, officers, employees, and sub-contractors from and against any and all claims, demands, liabilities, damages, settlements, penalties, legal fees, and court costs incurred as a result of any actual or alleged infringement of third-party intellectual property rights arising from the manufacture, printing, or distribution of the Customer’s packaging.

10. Limitation of Financial Liability & Consequential Loss Waiver

To the maximum extent permitted by the laws of England and Wales:

• Aggregate Financial Cap: QPack’s total aggregate financial liability to the Customer under or in connection with any contract, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, or otherwise, shall be strictly limited to the net invoice value paid by the Customer for the specific defective units forming the subject matter of the claim.
• Consequential Loss Exclusion: Under no circumstances shall QPack be liable to the Customer or any third party for any indirect, special, incidental, punitive, or consequential losses, including but not limited to loss of profits, loss of sales, loss of revenue, loss of commercial reputation, business interruption, factory downtime, product recall costs, loss of retail listings, or contractual penalties imposed on the Customer by retail stockists or distributors.
• Nothing in these Terms limits or excludes liability for death or personal injury caused by proven gross negligence, fraud, or any other liability which cannot be lawfully limited under English law.

11. Retention of Title & Commercial Lien

Full legal, beneficial, and equitable title in all delivered packaging shall remain with QPack until all invoices and sums due from the Customer across all accounts have been paid in full cleared funds. Until title passes, the Customer holds the goods as bailee for QPack and must store the goods separately, properly protected, and insured.

QPack retains a general commercial lien over all Customer property, unprinted substrates, artwork files, and tooling in our physical possession against all outstanding debts, invoices, and storage fees owed by the Customer.

12. Force Majeure

QPack shall not be held liable for any delay, failure in performance, or breach of contract resulting from events, circumstances, or causes beyond its reasonable control (“Force Majeure”), including but not limited to acts of God, flood, fire, explosion, storm, epidemic, pandemic, war, armed conflict, civil unrest, national industrial disputes or strikes, raw pulp or paperboard import embargoes, national grid electrical power outages, supply chain transport failures, or governmental decrees. In such events, QPack’s obligations shall be suspended for the duration of the Force Majeure event.

13. Entire Agreement, Severability & Non-Waiver

These Terms, together with the relevant quotation, invoice, and Customer-approved digital proof, constitute the entire commercial agreement between the parties and supersede all prior discussions, representations, negotiations, and understandings. No variation of these Terms shall be binding unless agreed in writing and signed by an authorized director of QPack.

If any court or competent regulatory body finds any provision or part-provision of these Terms invalid, illegal, or unenforceable, that provision shall be severed to the minimum extent necessary, and the validity and enforceability of the remaining provisions shall remain in full force and effect.

14. Governing Law & Exclusive Jurisdiction

These Terms, every commercial quotation, order confirmation, and any non-contractual dispute or claim arising out of or in connection with them or their subject matter shall be governed exclusively by, and construed in accordance with, the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising under or in connection with these Terms.