Quote Terms and Conditions
All orders are subject to the following standard terms and conditions, which supersede any inconsistent or additional terms and conditions contained in any purchase order or other customer supplied form, which are hereby rejected
QUOTATIONS
All quotes provided by Pacer Packaging are valid for a period of 30 days from the date issued, unless otherwise specified. Quotes are based on current material costs, production capabilities, and scope as outlined in the initial request. Prices are subject to change if there are any adjustments to the specifications, quantities, or delivery timelines. Any changes made by the client may result in an updated quote. Acceptance of a quote signifies acknowledgment of the terms outlined herein, including any applicable taxes, fees, and shipping costs, which will be added to the final invoice unless otherwise stated in the quote.
ORDERS
All orders must be placed via a purchase order containing complete details including the client’s name and address, shipping instructions, product specifications (size, color, quantity), agreed price, and an authorized signature. Verbal orders will not be accepted and are non-binding on Pacer Packaging. Upon order confirmation, any requested changes may alter the pricing, production timeline, and delivery date. Any cancellations must be submitted in writing and may incur charges for any expenses already incurred. Pacer Packaging reserves the right to modify or cancel orders in the event of unforeseen circumstances, material unavailability, or events beyond our control. By confirming an order, clients acknowledge and agree to these terms, as well as the stated payment and delivery conditions.
CANCELLATIONS
Cancellations must be submitted in writing and are subject to Pacer Packaging’s approval. Any requests received after an order has been confirmed may incur charges for materials, labor, or other costs already incurred. Orders in production at the time of cancellation may be billed partially or in full, depending on their completion status. Pacer Packaging reserves the right to decline cancellation on custom or specially ordered items. All accepted orders are subject to delays or interruptions caused by events beyond our reasonable control, including strikes, fires, theft, vandalism, accidents, floods, wars, unexpected market fluctuations, or other acts of nature. We are not liable for delays resulting from such events. By placing an order, the client agrees to these cancellation terms and any applicable fees.
CHANGES
Any requests to modify an order must be submitted in writing and are subject to Pacer Packaging’s approval. Changes to order specifications—including but not limited to product size, color, quantity, or delivery instructions—may impact the price, production timeline, and scheduled delivery date. We will provide an updated quote if any adjustments affect the order’s cost or timing. Pacer Packaging reserves the right to decline changes on custom or specialty items already in production. By requesting changes, the client accepts any additional charges or revised timelines associated with the modified order.
ARTWORK
At your request, Pacer Packaging will undertake design and developmental work, which will be charged at our current rates. Unless otherwise agreed in writing before such work begins, all experimental, design, and developmental work will remain our property, including all resulting concepts, designs, derivations, and any intellectual property, patents, or copyrights arising from it. This work will not be considered a “work for hire.”
Creative Work
Artwork, sketches, copy, film, samples, proofs, and other creative materials supplied by you or created specifically for you (excluding experimental, design, or developmental work) will remain your property, including any derivative work produced from these materials.
Pre-Press Materials
Film, negatives, positives, digital files, tapes, disks, and other pre-press input and output media created by Pacer Packaging for you will remain your property, except for the physical printing plates, which will remain Pacer Packaging’s property.
Digital Files
If the digital files you provide do not adhere to our Electronic Pre-Press Procedures and Guidelines, Pacer Packaging will make necessary corrections and adjustments, including trapping adjustments, color corrections, font corrections, and resizing to meet die specifications. These adjustments will be charged to you at our prevailing rates.
OVER-RUNS AND UNDER-RUNS
Due to the nature of custom printing, Pacer Packaging reserves the right to ship and bill up to 10% more or less than the quantity ordered. This variation is standard in the industry and accounts for potential production inconsistencies. The final invoice will reflect the actual quantity produced and delivered.If you require a tighter tolerance, it is essential to inform us in writing at the time of quoting the job, specifying the desired over/under tolerance in your order. By placing an order, the client acknowledges and accepts this over-run and under-run policy.
LIABILITY
Pacer Packaging’s liability for any claims related to this agreement or the products provided is limited to the amount paid for the specific product in question. We are not liable for any indirect, incidental, consequential, or punitive damages, including lost profits or business interruption. This warranty is in lieu of all other warranties, including implied warranties of fitness for a particular purpose or merchantability. No officer, employee, or agent is authorized to make additional warranties. The client is responsible for verifying all specifications before placing an order. This limitation of liability applies to all claims, regardless of form, even if advised of the possibility of such damages.
SECURITY INTEREST
Pacer Packaging retains a security interest in and lien on all of your property in our possession, including but not limited to artwork, film, digital files, work in process, and finished goods, to secure payment for any amounts you owe us. This security interest does not cover your intellectual property. Even if we extend credit, modify your payment terms, or accept notes or guarantees, our security interest and lien on your property remain intact. In the event of non-payment, Pacer Packaging reserves the right to retain possession of and reclaim any of your property held in our possession.
INDEMNIFICATION
By placing an order with Pacer Packaging, you represent that you possess the legal rights to produce all printed materials ordered. In the event that any claim arises against us alleging that the products you ordered and we produced: (1) infringe upon any copyright, patent, or proprietary rights of any person; or (2) contain libelous, slanderous, defamatory, obscene, or unlawful content (a “Claim”), you agree to indemnify us for any losses and expenses incurred as a result of such Claim. This includes, but is not limited to: (i) expenses, including legal fees and the allocated costs of in-house counsel, incurred in responding to, defending against, and monitoring the Claim; and (ii) any judgment or award rendered against us. You also agree to defend any such Claim at your expense if we request you to do so, provided that we promptly notify you and cooperate in your defense. If you fail to undertake the defense within a reasonable timeframe or do not diligently pursue it, we may engage attorneys of our choice to handle the defense at your expense. Even if you provide representation, we reserve the right to hire separate counsel at our own expense to safeguard our interests.
RISK OF LOSS TO YOUR PROPERTY
Once your property is delivered to Pacer Packaging, the risk of loss or damage remains with you until full payment is received. If you require replacement cost coverage, it is your responsibility to secure that insurance. In the event your property is damaged, destroyed, lost, or stolen while under our care, our liability to you will be limited to the amount recovered from our insurer. By submitting your property to us, you acknowledge and accept these terms regarding risk of loss.
PRE-PRESS PROOFS
Pacer Packaging will provide you with a pre-press proof, either as a physical proof or an electronic PDF, based on your preference. It is your responsibility to review the proof thoroughly for accuracy regarding color, content, pagination, and structure. You must indicate your approval by signing the proof with one of the following options: “OK as is,” “OK with corrections,” or a request for changes requiring a new proof. For electronic proofs, an email response indicating your approval or requested changes is acceptable. We will not be held responsible for any errors if: (a) we print the job according to your approval; (b) you fail to return a signed proof with corrections clearly indicated; or (c) you instruct us to proceed to production without submitting a proof. By approving the pre-press proof, you acknowledge and accept these terms regarding your review and approval process.
PRESS PROOFS/PRESS CHECKS
Pacer Packaging provides press proofs and press checks to ensure that the final production meets your expectations. A press proof will only be provided upon your specific request in your written order. If you request a press proof that was not included in your original order, you will be billed at our current rates. During a press check, you may inspect the job on press for color accuracy, registration, and overall quality. It is your responsibility to review the proofs thoroughly. If you request changes or corrections during a press check that are not due to our fault, you will be charged for any lost press time at our prevailing rates. Approvals given during a press check indicate your acceptance of the work as presented, and once approved, we are not liable for any discrepancies in the final production that align with your approval. Any changes requested after approval may incur additional costs and delays.
COLOR VARIATIONS
Pacer Packaging strives to achieve the highest level of color accuracy in the production of your printed materials. However, variations in color may occur due to factors such as different substrates, print processes, and equipment used. You acknowledge that color variations are inherent in the printing process and that we cannot guarantee an exact match to colors viewed on a digital screen or previous prints. We recommend that you approve a physical proof prior to production to ensure your satisfaction with color quality. Any discrepancies in color that fall within industry standards will not be deemed a defect, and Pacer Packaging will not be liable for any claims arising from such variations.
ALTERATIONS
Any alterations or modifications to an order must be communicated in writing and received by Pacer Packaging before production begins. Once production has commenced, changes may not be possible or may result in additional charges and delays. If you request alterations after production has started, we will assess the feasibility of such changes and notify you of any associated costs. Pacer Packaging reserves the right to determine whether alterations can be accommodated without impacting the production schedule. If alterations are accepted, you agree to provide clear instructions and acknowledge that we will not be liable for any errors resulting from unclear or insufficient information regarding the requested changes.
CLAIMS
All claims for shortages, damages, or defects must be reported to Pacer Packaging in writing within 10 business days of receipt of the goods. Failure to notify us within this timeframe will result in the forfeiture of your right to make any claims regarding the order. When submitting a claim, please provide detailed information about the issue, including order number, description of the problem, and any supporting documentation. If we determine that any product is defective, damaged, or non-conforming due to our error, we will credit your account for up to the selling price of the affected items. However, if we find that any defect or damage occurred through no fault of ours, including damage occurring outside of our facilities, you will not be entitled to a credit. Under no circumstances may you return any products to us without prior written authorization. Pacer Packaging reserves the right to investigate all claims. Our liability for claims is limited to the value of the defective or non-conforming goods and does not extend to any consequential or incidental damages.
TERMS
All orders are subject to the payment terms outlined in Pacer Packaging’s quote and invoice. Unless otherwise agreed upon in writing, payment is due in full within 45 days from the invoice date. Late payments may incur interest charges at the maximum rate allowed by law. Pacer Packaging reserves the right to require a deposit or prepayment based on order specifications, customer credit history, and other relevant factors. In the event of non-payment, we may suspend production or delivery of future orders until the outstanding balance is paid in full. Any additional costs associated with collection efforts, including legal fees, will be the responsibility of the customer. By placing an order, you agree to these terms and accept that any changes to the payment terms must be agreed upon in writing.
TURNAROUND TIMES
Pacer Packaging is committed to meeting the turnaround times provided in our quotes; however, all turnaround times are estimates and not guaranteed. Turnaround begins only after receiving final artwork approval, confirmation of specifications, and any required deposit or prepayment. Delays in approvals or changes requested after production has started may extend the turnaround time. Pacer Packaging is not liable for any delays resulting from circumstances beyond our control, including but not limited to supply chain disruptions, equipment failures, or unforeseen events. If you have specific deadlines, please notify us in writing before placing your order.
DELIVERY/RISK OF LOSS
Pacer Packaging will make every effort to meet the agreed-upon delivery dates; however, delivery times are estimates and not guaranteed. Delivery is considered complete when the goods are handed over to the carrier, at which point risk of loss or damage passes to you. Pacer Packaging is not responsible for delays, losses, or damages that occur in transit. Any shipping costs, unless otherwise specified, are the responsibility of the customer. If you require specific delivery arrangements, please inform us in writing before order processing begins. In the event of unforeseen circumstances affecting delivery, including but not limited to weather, transportation disruptions, or carrier issues, we will work with you to provide the best alternative solution but cannot assume liability for such delays.
ASSIGNMENT
Neither party may assign or transfer any rights, obligations, or interests arising from this agreement without the prior written consent of the other party. Any attempted assignment without such consent will be void and of no effect. However, Pacer Packaging reserves the right to assign this agreement, in whole or in part, to a successor or affiliated entity as part of a reorganization, merger, or sale of substantially all of its assets. These terms and conditions shall be binding upon and inure to the benefit of the permitted successors and assigns of both parties.
RESOLUTION OF DISPUTES
In the event of any dispute arising from or relating to this agreement, both parties agree to attempt resolution through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may request mediation by a mutually agreed-upon mediator. Should mediation fail, the dispute may be submitted to binding arbitration under the rules of the American Arbitration Association or another mutually agreed-upon forum. The arbitration shall take place in the state of Pacer Packaging’s principal place of business. Each party shall bear its own costs, except as otherwise awarded by the arbitrator. Judgment upon the arbitration award may be entered in any court having jurisdiction.
If you have questions about our, please reach out:
Pacer Packaging
Email: theteam@pacerprint.com
Phone: 888-305-3144
Website: www.pacerprint.com
