Terms & Conditions

Updated 1/13/2023

APPLICABILITY: These are the Terms and Conditions (“TERMS”) under which Sure Lock Packaging, INC. (the “PRINTER”) sells products and services to third parties (each, a “CUSTOMER”). A CUSTOMER with notice of these TERMS, however gained, including the use of PRINTER’s website, will be subject to these TERMS regardless of what method is used to submit its offer to purchase (“ORDER”). PRINTER’s acceptance of any ORDER by CUSTOMER is expressly conditioned on CUSTOMER‘s agreement to these TERMS. PRINTER will not be bound by, and specifically objects to, any term, condition, or other provision which is different from, or in addition to, the provisions of these TERMS proffered by CUSTOMER in any order, receipt, acceptance, confirmation, correspondence, or otherwise, unless PRINTER specifically agrees to such provision in a written instrument signed by PRINTER. These TERMS, PRINTER’s quotation, and the accepted ORDER constitute the entire agreement between CUSTOMER and PRINTER.
WEBSITE USE: The www.surelockpack.com website (the “SITE”) is comprised of various web pages operated by Sure Lock Packaging, Inc. (SLP). The SITE is offered to you conditioned on your acceptance without TERM modifications, CONDITIONS, and notices contained herein (the “TERMS”). Your use of the SITE constitutes your agreement to all such TERMS. www.surelockpack.com is an e-commerce site. The purpose of our website is to provide information about packaging options and services provided by SLP.
1. PRIVACY: Your use of www.surelockpack.com is subject to SLP’s Privacy Policy. Please review our Privacy Policy, which also governs the SITE and informs users of our data collection practices.
2. ELECTRONIC COMMUNICATIONS: Visiting the SITE or sending emails to SLP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications provided to you electronically, via email and on the SITE, satisfy any legal requirement that such communications be in writing.
3. YOUR ACCOUNT: To use certain portions of the SITE, including placing ORDERS, you will need to create an account (“ACCOUNT”). You agree to provide us with accurate, complete and updated information for your ACCOUNT. You are solely responsible for maintaining the confidentiality of your ACCOUNT and/or password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your ACCOUNT and/or password. You may not assign or otherwise transfer your ACCOUNT to any other person or entity. You acknowledge that SLP is not responsible for third party access to your ACCOUNT that results from theft or misappropriation of your ACCOUNT. SLP and its associates reserve the right to refuse or cancel service, terminate ACCOUNTs, or remove or edit content in our sole discretion.
4. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES: www.surelockpack.com may contain links to other websites (“LINKED SITES”). The LINKED SITES are not under the control of SLP and SLP is not responsible for the contents of any LINKED SITE, including without limitation any link contained in a LINKED SITE, or any changes or updates to a LINKED SITE. SLP is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by SLP of the site or any association with its operators.
  
  Certain services made available via the SITE are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.surelockpack.com domain, you hereby acknowledge and consent that SLP may share such information and data with any third party, with whom SLP has a contractual relationship, to provide the requested product, service or functionality on behalf of www.surelockpack.com CUSTOMERS.
WEBSITE ORDER TERMS AND CONDITIONS
1. PAYMENT: All prices and amounts shown on this SITE, including items in a CUSTOMER’S cart, are in U.S. Dollars (USD), unless otherwise noted. All prices set forth on the SITE, and stated herein, are based on current costs and are subject to change without notice until CUSTOMER has finalized ORDER. Payment amounts and other TERMS may be subject to additional agreements between CUSTOMER and Sure Lock Packaging.
  
  If the CUSTOMER submits an ORDER on the SITE to purchase printing products, design or other services, the CUSTOMER agrees that all charges, taxes and shipping/handling fees will automatically be charged to the CUSTOMER’S credit card or paid by the CUSTOMER with an approved payment method.
  
  Production of all items ORDERED hereunder is subject to the TERMS outlined below in the “Printing Turnaround Time” section, and will not begin until an ORDER is fully paid, including shipping and handling fees, except where Sure Lock Packaging has explicitly agreed to specific delayed payment TERMS (e.g. Net 15) with the CUSTOMER prior to placing an ORDER. CUSTOMERS who have delayed payment agreements with Sure Lock Packaging are required to provide payment in accordance with the TERMS of their applicable payment agreement(s).
  
  Once the print file(s) associated with an ORDER have been approved by the CUSTOMER, as described below in the “Printing Turnaround Time” section, printing will not begin until an ORDER is fully paid. Once payment is completed the ORDER will be “In Production” and no changes will be allowed to the print files, job characteristics, or printing turnaround time. After an ORDER is In Production, the entire amount of the ORDER along with applicable taxes and shipping/handling fees, shall be deemed fully paid and non-refundable, except as provided for in the Return & Refund Policy below. Additional Service Fees, are non-refundable except as provided for in the Return & Refund Policy below. Any payment received from the CUSTOMER shall be deemed fully paid to Sure Lock Packaging and non-refundable at a rate of twenty percent (20%) for each calendar month that passes after the date of the CUSTOMER’S initial submission even where the print job never reaches the “In Production” or shipment phase due to no fault of Sure Lock Packaging (e.g. CUSTOMER fails to respond to approval of proof/print job, CUSTOMER fails to provide information to complete the print job or shipment, CUSTOMER otherwise fails to cancel his or her ORDER prior to reaching the “In Production” phase, etc.).
2. ORDER CANCELLATION POLICY: An ORDER may not be canceled once it is “In Production”. If the ORDER is still in the preflight or proofing stage, it may be canceled subject to the following fees, when applicable:
  1. ORDERS placed, paid for and then canceled before 5pm PST on the same day may be refunded in full or booked as store credit to be applied to future ORDERS.
  2. ORDERS under $100 placed, paid for and then cancelled after 5pm PST will not be subject to cancellation fees if cancelled within 24 hours.
  3. ORDERS from $100 to $500 placed, paid for and then cancelled after 5pm PST will be subject to a $15.00 cancellation fee.
  4. ORDERS $501 and above placed, paid for and then cancelled after 5pm PST will be subject to a cancellation fee of 3.5% of the full ORDER amount.
3. RETURN & REFUND POLICY: At Sure Lock Packaging, we strive to provide our CUSTOMERS with the best possible printing experience. If you are not 100% satisfied with your ORDER for any reason, please contact our CUSTOMER service department.
  
  All policies are subject to change without prior notification. Defective product refunds and reprints shall not exceed the amount paid by the CUSTOMER or $1,000.00 (whichever is less). Determination of defect is at the sole discretion of Sure Lock Packaging. In most cases, CUSTOMERS will be requested to submit digital photos documenting the product defect and/or ship the defective products back to our CUSTOMER service department. Free expedited reprint on any ORDERS lost in transit is limited to ORDERS less than or equal to $250. Turnaround and shipping for reprint ORDERS will vary depending upon available production capacity and manager’s discretion.
  
  Design services are not subject to the foregoing return policies.
4. SALES TAX POLICY: Sure Lock Packaging charges sales tax on ORDERS picked-up from or shipped to addresses in accordance with state and local regulations unless you are tax exempt. If you are tax exempt, you need to send or fax us your tax exemption certificate.
  
  If, after the CUSTOMER has paid the invoice, it is determined that more tax is due, then the CUSTOMER must promptly remit the required taxes to the taxing authority or immediately reimburse the provider for any additional taxes paid.
5. PRESS PROOFS: Unless specifically provided in PRINTER’s quotation, press proofs are not included in pricing and will be charged at current rates. An inspection sheet of any form can be submitted for CUSTOMER approval, at no charge, provided CUSTOMER is available at the press during the time of makeready. Lost press time due to CUSTOMER delay, or CUSTOMER changes and corrections, will be charged at current rates.
6. EXPERIMENTAL WORK: Experimental or preliminary work performed at CUSTOMER’S request will be charged at current rates and may not be performed until PRINTER has been reimbursed in full for the amount of the charges.
7. PRINTER’S LIEN: As security for payment of any sum due with respect to any prior ORDER, or to become due under the TERMS of this or any other agreement between PRINTER and CUSTOMER, PRINTER shall have the right, if necessary, to retain possession of, and shall have a lien on, all CUSTOMER property in PRINTER’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or warranty of payment will not affect such security interest.
NON-WEB BASED ORDER TERMS AND CONDITIONS
1. QUOTATION: Upon request by CUSTOMER, PRINTER shall issue a quotation. All prices are based on material costs at the time of quotation. A quotation not accepted within thirty (30) days is subject to review.
2. ORDERS: PRINTER shall sell to CUSTOMER, and CUSTOMER shall accept and pay for all products and services ordered by CUSTOMER pursuant to an ORDER that has been accepted by PRINTER. After acceptance by PRINTER, no ORDER may be cancelled by CUSTOMER except upon terms which will compensate PRINTER for special, consequential and/or other damages incurred as a result of such termination, including loss of profits and attorney’s fees and costs incurred by PRINTER.
3. CONDITION OF COPY: Upon receipt of original copy or manuscript, should it be evident that the condition of the copy differs from that which had been originally described and consequently quoted, the original quotation and subsequent ORDER will, at PRINTER’s option, be rendered void and a new quotation will be issued.
4. ORDER CANCELLATION POLICY: Same as listed above.
5. RETURN & REFUND POLICY: Same as listed above.
6. SALES TAX POLICY: Same as outlined above.
7. PRESS PROOFS: Same as outlined above.
8. EXPERIMENTAL WORK: Same as outlines above.
9. PRINTER’S LIEN: Same as outlined above.
CUSTOMER SUBMITTED ARTWORK FILES
1. ARTWORK FILES: Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to surelockpack.com. Sure Lock Packaging is not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to the SITE, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
  
  Under these TERMS of Service, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an ORDER based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an ORDER without disclosing a reason.
  
  Surelockpack.com may also provide artwork design tools which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other SITE Users may use the same design tools to create images that may have similar, or identical, combinations of these elements. Sure Lock Packaging provides no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely the CUSTOMER’S responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for use and does not infringe on another party’s rights.
  
  We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. Sure Lock Packaging is not responsible for the deletion or failure to store any file, whether uploaded or designed, on our website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.
2. NO LIABILITY FOR ERRORS: Sure Lock Packaging is not liable for errors in a final product caused by any of the following reasons:
  - Spelling, punctuation and grammatical errors
  - Low resolution or low-quality graphics and images
  - Damaged fonts
  - Transparency issues
  - Overprint issues
  - Artwork files that are not created following our specifications
  - Variances in color from the conversion of Pantone or RGB colors to CMYK
  - Errors in user-selected options such as size, quantity, paper and finish
  - Duplicate ORDERS submitted by the User
  - Incorrect files uploaded
  - Incorrect file orientation
  - Cracking on folds
  - Cutting variances
  - Damage to products after delivery to User
  - Incorrect or undeliverable shipping address
  User is responsible for reviewing their files and correcting any issues prior to placing the ORDER.
3. PROOFS: If requested, an online proof will be available for your review after we have received your files for print. Actual time will vary depending on our current workload. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. Should you waive approval of your proof, we will print it as is and are thereby not at all responsible for the final quality or accuracy of the product. It is the User’s responsibility to log in to their ACCOUNT and check on their proof. We are not liable for delays in the ORDER caused by User’s non-approval of the proof. We do reserve the right to, at our discretion, make minor changes to the proof and product as needed for the efficacy of printing.
  
  An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Nor do they show color change from RGB or Pantone to CMYK.
  
  The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. User is fully responsible for all that is contained in the final approved proof.
  
  Sure Lock Packaging offers hard copy proofs which show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the User when the print ORDER is made. Hard copy label or film proofs are printed on a substrate different from the actual paper stock or material and while its main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper, or include embellishments such as foil, embossing, debossing, and final treatments.
  
  The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For ORDERS where a hard copy proof has been requested, the approval must be received by Sure Lock Packaging on, or before, our published cut-off times. We will make every reasonable effort to match colors in production when a hard copy proof is requested. However, it is the User’s responsibility to determine if they need a hard copy proof with their print ORDER.
PRODUCTION
1. PRE-PRESS PROOFS: Unless CUSTOMER’S ORDER is marked “preapproved” by CUSTOMER upon ORDER placement, pre-press proofs shall be submitted to CUSTOMER with original copy. Corrections are to be made on the master set, and returned marked “O.K.” or “O.K. with corrections” and signed by CUSTOMER. If revised proofs are desired, the request must be made when proofs are returned to PRINTER. PRINTER shall not be liable for errors if CUSTOMER has (i) failed to return proofs with indication of changes, or (ii) instructed PRINTER to proceed without submission of proofs.
2. PRODUCTION SCHEDULES: Production schedules will be established and adhered to by CUSTOMER and PRINTER, provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of God or other causes beyond the control of CUSTOMER or PRINTER. Where production schedules are not adhered to by CUSTOMER, or where production is delayed because copy or material furnished by CUSTOMER are not in accordance with the parties’ specifications, the final delivery date(s) will be renegotiated and reasonably extended to ACCOUNT for delays resulting from the CUSTOMER’S negligence.
  
  Printing turnaround time commences from the time we receive your print-ready files, approval for your proof and full payment for your ORDER. If you have chosen to waive your proof approval, printing turnaround time commences from the time we have received your print-ready files and full payment for your ORDER. For ORDERS that do not have complete digital source files, or have files that are not print-ready, printing turnaround time commences from the time we receive acceptable print-ready files regardless of when payment was made.
  
  ORDERS must be paid, print-ready files received and proofs approved by 5:00pm CST (4:00pm PST, 8:00pm EST) for printing turnaround time to be scheduled within 2 business days. For example, an ORDER with a two-week printing turnaround submitted at 3:00pm CST (2:00pm PST, 6:00pm EST) and approved by 5:00pm CST (4:00pm PST, 8:00pm EST) on Tuesday will be shipped out of our facility by end of business Thursday, two weeks later. Please note that there is no production or shipping on Saturdays, Sundays or Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Printing turnaround time includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time advertised on this SITE is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays, and Holidays.
3. CUSTOMER-FURNISHED MATERIALS: Packaging Containers, Paper stock, inks, camera copy, artwork, color separations, and other CUSTOMER furnished material must be manufactured, packed, and delivered to PRINTER. Additional cost due to delays or impaired production caused by specification deficiencies will be charged to CUSTOMER. Materials delivered from CUSTOMER or CUSTOMER’S suppliers are verified with delivery ticket as to cartons, packages, or items shown only. The accuracy of quantities indicated on such tickets cannot be verified, and PRINTER shall not be liable for shortage based on CUSTOMER’S supplier’s tickets. Charges related to delivery from CUSTOMER to PRINTER, or from CUSTOMER’S supplier to PRINTER, are not included in any quotations unless specified.
ALTERATIONS: Alterations represent work performed in addition to the original specification or Art Files sent. Such additional work will be charged at current rates and be supported with documentation upon request.
ACCEPTANCE AND DELIVERY
1. COLOR PROOFING: Because of differences in equipment, processing, proofing substrates, paper, inks, pigments, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job will constitute acceptability.
2. COLOR ACCURACY: Sure Lock Packaging will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an ORDER with Sure Lock Packaging, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece.
  
  Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of UV coating may affect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.
3. OVER-RUNS AND UNDER-RUNS: PRINTER cannot guarantee exact quantities from every ORDER. Over-runs or under-runs not to exceed 10% on quantities ORDERED will constitute acceptable delivery. PRINTER will bill for the actual quantity delivered within this tolerance. If CUSTOMER requires a guaranteed exact quantity, CUSTOMER is advised to ORDER 10% over such quantity. Although rare, in the event of an under run, we will either refund or give you Store Credit for the number of pieces we were “short” if over the 10% of the ORDER quantity.
4. DELIVERY: Unless otherwise agreed in writing, products will be delivered in a single shipment outbound from PRINTER’s shipping dock (under U.C.C. shipping TERMS). Pricing is based on continuous and uninterrupted delivery of the complete ORDER without storage, unless the specifications distinctly state otherwise. Title and risk of loss for printed product will pass to CUSTOMER upon delivery to the carrier at PRINTER’s shipping dock. Special priority or delivery service will be provided at current rates upon CUSTOMER’S request.
5. CLAIMS FOR DEFECTS OR SHORTAGES: PRINTER warrants to CUSTOMER that at delivery, products will conform to the specifications agreed upon by the parties and will be free from defects in material and workmanship with respect to materials provided by PRINTER. Claims for defects or shortages must be made by CUSTOMER in writing within a period of 24 hours after delivery receipt of all or any part of the ORDER giving rise to such claim. Failure to make such a claim within the stated period will constitute irrevocable acceptance and an admission that such part of the ORDER so delivered complies with all TERMS, CONDITIONS and specifications. CUSTOMER’S sole and exclusive remedy and PRINTER’s sole liability, whether based upon warranty, contract or tort, including negligence, is limited to PRINTER’s (i) supply of additional product to address a shortage; and (ii) replacement of the printed products claimed to be defective; provided, PRINTER will not be liable for defects caused by or arising from use of CUSTOMER-furnished materials.
INTELLECTUAL PROPERTY
1. CREATIVE WORK: Creative work, such as sketches, copy, dummies, and all preparatory work developed and furnished by PRINTER, will remain PRINTER’s exclusive property and no use of same may be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by PRINTER.
2. PREPARATORY MATERIALS: Working mechanical art, type, negatives, positives, flats, plates, and other items when supplied by PRINTER, will remain PRINTER’s exclusive property unless otherwise agreed in writing.
CUSTOMER’S PROPERTY: PRINTER will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to CUSTOMER, including CUSTOMER-furnished material, while such property is in PRINTER’s possession. PRINTER’s liability for such property will not exceed the amount recoverable from such insurance. CUSTOMER’S property of extraordinary value will be insured through mutual agreement.
PRINTER’S LIABILITY; DISCLAIMER: PRINTER’s liability hereunder will be limited to the selling price of any printed products claimed to be defective and will in no event include special, indirect, incidental, or consequential damages, including lost profits or loss of CUSTOMER’S clients. EXCEPT AS EXPRESSLY STATED HEREIN, PRINTER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
INDEMNIFICATION: CUSTOMER shall indemnify and hold harmless PRINTER from any and all loss, cost, expense, and damages (including court costs and reasonable attorney’s fees) on ACCOUNT of any and all manner of claims, demands, actions, and proceedings that may be instituted against PRINTER on grounds alleging that the said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person’s right to privacy or their personal rights, except to the extent that PRINTER contributed to the matter.
GOVERNING LAW: CUSTOMER hereby agrees that the only proper jurisdiction and venue for any dispute with PRINTER, or in any way relating to these TERMS, is in the state and federal courts in the State of Minnesota. All disputes with PRINTER will be governed by the laws of the State of Minnesota, without regard to provision on the conflict of laws.
GENERAL: These TERMS may only be amended or modified in a writing signed by PRINTER and CUSTOMER. No waiver by either party of any breach of these TERMS will constitute a waiver of any other, preceding, or succeeding breach of the same or any other provision, nor will any waiver constitute a continuing waiver. The delay by or failure of a party to enforce any provision of these TERMS will not be construed as a waiver of that provision, nor will it prevent that party from thereafter enforcing that provision or any other provision hereof. If any provision hereof is held to be invalid or otherwise unenforceable for any reason, then such provision will be severed from these TERMS or modified to the minimum extent necessary to reflect the parties’ intention, and all other TERMS and remaining CONDITIONS will continue to be in force.