Terms and Conditions of Sale and Use

1. Purchase Orders and Acceptance

All purchase orders (“POs”) must be submitted in writing and are subject to acceptance by Harbor Packaging. All Customer requirements must be clearly stated on the PO and must align with Harbor Packaging's formal quotation.

If PO specifications differ from the quotation, Harbor Packaging reserves the right to revise the quoted price or reject the PO prior to processing.

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Pricing is subject to change based on the review of artwork and/or printing plates provided. All quotes are F.O.B. ship point unless expressly stated as “delivered pricing.”

 

Orders or order requests submitted through My Harbor are subject to the same acceptance, pricing, availability, credit, and other requirements applicable to orders submitted through other channels. Submission of an order through My Harbor does not constitute final acceptance by Harbor Packaging.

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2. Quantity and Dimensional Tolerances

Custom-manufactured product deliveries may vary by ±10% from the ordered quantity, and Customer agrees to accept and pay for any such variance.

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Harbor Packaging manufactures products with a standard 1/8” tolerance on all sizes and dimensions. It is understood that all dimensions provided are subject to this manufacturing tolerance.

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3. Automatic Equipment Disclaimer

Products intended to run on case erectors or any automatic equipment must be clearly identified on the original quotation request and the PO.

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Harbor Packaging assumes no liability for products that experience issues when run on case erectors or other automatic equipment, regardless of use case. It is the responsibility of Customer to perform adequate testing prior to use. Manufacturing tolerance of 1/8” applies in all such cases.

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4. Delivery Dates

All delivery dates provided by Harbor Packaging are estimated times of arrival (ETA) only. No delivery date is guaranteed, and Harbor Packaging will not be liable for delays outside of its control.

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Delivery dates, shipment information, order status, inventory information, and similar information displayed through My Harbor are provided for operational convenience and remain subject to change.

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5. Payment Terms

Unless otherwise agreed in writing, payment terms are Net 30 days from the date of invoice. Harbor Packaging reserves the right to charge late fees on overdue balances and to suspend current or future deliveries if payments are not received on time.

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In the event of non-payment, Harbor Packaging may initiate legal proceedings in the State of California. Customer agrees to be responsible for all legal costs, including attorney's fees and court costs, incurred in the collection of past-due amounts.

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My Harbor does not process payment for Customer purchases unless expressly indicated otherwise. Invoices and payment obligations remain subject to Customer's established commercial relationship with Harbor Packaging.

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6. Product Inspection and Acceptance

Customer shall inspect all goods upon delivery. Rejection of non-conforming goods must be made within two (2) business days of receipt. Failure to reject within this period shall be deemed acceptance of the goods.

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If a product is properly rejected and confirmed to be non-conforming by Harbor Packaging, Customer shall promptly return the defective product. Restocking and return shipping charges may apply unless otherwise agreed. Harbor Packaging, at its discretion, will rework, replace, or refund the product within normal lead times.

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7. My Harbor Access and Authorized Users

My Harbor is a business-to-business service intended for Harbor Packaging customers and their authorized users. Accounts are not offered for general consumer use.

Customer is responsible for identifying and authorizing individuals who may access My Harbor on its behalf and for ensuring that those users use My Harbor in accordance with these Terms.

Users are responsible for maintaining the confidentiality of their account credentials and for activity conducted through their accounts. Customer shall promptly notify Harbor Packaging of any known or suspected unauthorized access.

Harbor Packaging may restrict, suspend, or terminate access to My Harbor when reasonably necessary to protect the security or integrity of the service, comply with law, address misuse, or manage Customer's account or business relationship.

 

8. My Harbor Inventory and Procurement Services

My Harbor provides tools for inventory management, procurement, sourcing, ordering, reporting, and related business workflows.

Information displayed through My Harbor may include inventory quantities, stock levels, purchasing information, supplier information, product descriptions, pricing, order information, forecasts, recommendations, and other operational data.

 

Customer remains responsible for reviewing information and making purchasing, inventory, safety-stock, replenishment, and other business decisions appropriate for its operation.

 

Inventory information may depend on information provided or recorded by Customer users, Harbor Packaging, suppliers, integrations, Beacon interactions, and other sources. Harbor Packaging does not guarantee that inventory quantities or other operational information will be accurate at all times.

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9. Beacon Technology

My Harbor may be used with Harbor Packaging's proprietary Beacon inventory management technology.

 

Beacon uses physical labels, visual inventory indicators, QR codes, NFC technology, and related methods to connect physical inventory with corresponding information and workflows in My Harbor.

 

Customer acknowledges that Beacon and My Harbor are tools designed to assist with inventory management and procurement. Customer remains responsible for appropriate inventory controls, physical counts when necessary, and decisions based upon its particular operational requirements.

 

10. Mobile Application and Device Features

The My Harbor mobile application may use device capabilities including the camera, NFC functionality, push notifications, local device storage, and background processing or synchronization.

 

These capabilities are used to support features such as interacting with Beacon, identifying inventory, receiving operational notifications, maintaining application data, and synchronizing activity in environments where network connectivity may vary.

Access to certain device capabilities is subject to the permissions and settings of the user's device.

 

11. Customer Data

Customer retains its rights in inventory records, purchasing information, documents, and other Customer-provided business information submitted to My Harbor.

 

Customer authorizes Harbor Packaging to access, process, store, and use such information as reasonably necessary to provide, operate, secure, support, maintain, and improve My Harbor and Harbor Packaging's services, subject to Harbor Packaging's Privacy Policy.

 

Customer represents that it has the necessary rights and authority to provide information submitted through My Harbor.

 

12. Third-Party Services and Integrations

My Harbor may connect with or rely upon third-party services, including ERP systems, suppliers, authentication providers, hosting and infrastructure providers, communications services, analytics services, and other integrations.

 

Harbor Packaging is not responsible for interruptions, changes, errors, or other issues caused by third-party systems outside Harbor Packaging's reasonable control.

 

Use of certain third-party services may also be subject to the terms and policies of those providers.

 

13. Acceptable Use

Customer and its authorized users shall not:

• Access or use My Harbor for unlawful or unauthorized purposes;

• Attempt to gain unauthorized access to accounts, systems, data, or networks;

• Interfere with or disrupt the operation or security of My Harbor;

• Reverse engineer, decompile, circumvent, or attempt to discover the source code or underlying technology of My Harbor except where such restriction is prohibited by law;

• Use automated methods to access or extract information from My Harbor except through interfaces expressly authorized by Harbor Packaging; or

• Use another person's credentials or permit unauthorized individuals to use an account.

 

14. Confidentiality and Intellectual Property

All technical data, specifications, drawings, artwork, and pricing shared by Harbor Packaging are confidential and remain the property of Harbor Packaging. This information shall not be disclosed to any third party without Harbor Packaging's written consent.

 

All packaging designs, structural components, artwork, proprietary production methods, Beacon technology, My Harbor software, interfaces, designs, branding, and related technology developed or supplied by Harbor Packaging remain the intellectual property of Harbor Packaging or its licensors.

 

Except for the limited right to use My Harbor in connection with Customer's business relationship with Harbor Packaging, no license or ownership interest is transferred to Customer.

 

15. Non-Disclosure of Trade Secrets

Customer agrees not to disclose or use any trade secrets or confidential information belonging to Harbor Packaging for any purpose other than to evaluate, purchase, receive, or manage Harbor Packaging products and services.

 

These obligations remain in force indefinitely, even after the business relationship has ended, to the extent permitted by applicable law.

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16. Service Availability

Harbor Packaging works to maintain the availability and reliability of My Harbor but does not guarantee that My Harbor will always be uninterrupted, error-free, or available.

 

My Harbor may occasionally be unavailable due to maintenance, updates, network conditions, third-party services, circumstances beyond Harbor Packaging's control, or other operational requirements.

 

17. Force Majeure

Harbor Packaging shall not be liable for any failure to perform or delays caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, labor strikes, raw material shortages, transportation disruptions, pandemics, governmental orders, telecommunications failures, or failures of third-party infrastructure.

 

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARBOR PACKAGING SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SALE OR USE OF PRODUCTS, SERVICES, MY HARBOR, OR BEACON.

 

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

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19. Privacy

Harbor Packaging's collection, use, disclosure, retention, and protection of personal information associated with its websites, My Harbor, mobile applications, and related services are described in the Harbor Packaging Privacy Policy.

 

The Privacy Policy is incorporated into these Terms by reference.

 

20. Changes to My Harbor

Harbor Packaging may update, modify, add, or discontinue features of My Harbor from time to time as the service evolves.

 

Harbor Packaging may also update these Terms. When material changes are made, Harbor Packaging will update the effective or revision date and provide additional notice when required by applicable law.

 

21. Governing Law and Legal Venue

These Terms are governed by the laws of the State of California. Any legal actions must be filed in the appropriate state or federal courts in Orange County, California.

 

Customer agrees to submit to the jurisdiction of these courts and shall be responsible for Harbor Packaging's legal fees in any dispute or claim relating to these Terms to the extent permitted by applicable law.

 

22. Entire Agreement

These Terms, together with any applicable written quotation, invoice, purchase order accepted by Harbor Packaging, Privacy Policy, or other written agreement between Harbor Packaging and Customer, constitute the agreement governing the applicable products and services.

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If Customer and Harbor Packaging have entered into a separate written agreement that expressly conflicts with these Terms, the terms of that written agreement will control to the extent of the conflict.

 

No amendment or waiver shall be valid except as provided in these Terms or agreed to in writing by the parties.

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23. Contact

Questions regarding these Terms or My Harbor may be directed to:

Harbor Packaging, Inc.
Email: support@harborpack.com