Terms
Terms and Conditions
These terms cover the Hercule Industrial website, RFQs, quotes, and custom packaging orders.
Effective May 25, 2026.
These Terms are written for business-to-business custom packaging work with Hercule Industrial, Inc. If a signed written agreement conflicts with these Terms, the signed agreement controls for that order.
If a quote or invoice contains order-specific terms that conflict with these Terms, the quote or invoice controls for that specific order detail. These Terms control everything not changed by the signed agreement, quote, or invoice.
Website use
You may use this website for lawful business purposes related to learning about Hercule Industrial, requesting quotes, contacting us, and evaluating packaging options.
You may not misuse the website, interfere with its operation, attempt unauthorized access, upload malware, scrape or copy the site at scale without permission, manipulate forms or pricing, impersonate another person or company, or use the website in a way that violates law or third-party rights.
Website content, including text, images, product descriptions, layout, code, and branding, is owned by or licensed to Hercule Industrial and may not be copied, republished, or used except as allowed by law or written permission.
Website information is not a binding offer
Product pages, catalog pages, images, examples, lead times, minimums, capability statements, and other website content are informational only. They are not binding specifications, prices, guarantees, or offers to sell.
Actual feasibility, price, lead time, material, board grade, print method, tooling route, supplier, freight, and production method depend on the quote and the final approved specifications for the order.
Hercule Industrial may use outside suppliers, manufacturers, prepress providers, freight providers, and other service providers. Customer buys from Hercule Industrial unless a written agreement says otherwise. Supplier identities, routing, pricing, and source information stay confidential unless disclosure is needed for production, shipping, customs, claims, or legal reasons.
RFQs are not orders
Submitting an RFQ, contact form, file, drawing, dieline, artwork, email, or phone inquiry does not create an order, reserve production capacity, lock a price, require payment, or require Hercule Industrial to quote or produce anything.
We may decline, pause, or stop work on an inquiry or project before an order is formed, including for feasibility, pricing, supplier availability, payment, tax, file, prohibited-content, legal, or operational reasons.
Quotes
A quote is valid for 14 days unless the quote says otherwise.
Quotes are based on the information available when issued. Quotes may include assumptions, exclusions, estimated freight, estimated lead time, supplier assumptions, material assumptions, tooling assumptions, proof assumptions, and payment requirements.
Quotes may be corrected for typographical, mathematical, supplier, freight, material, tax, or obvious pricing errors. Changes requested by the buyer, missing information, file problems, artwork problems, tax treatment, shipping changes, material changes, or supplier changes may change price, lead time, or feasibility.
Order formation
An order is formed only when Hercule Industrial issues a written quote or invoice, the buyer accepts it by a method we accept, required payment is received or confirmed, and any required proof, artwork, dieline, final specification, shipping detail, or other approval is received in writing.
A buyer purchase order, vendor portal term, procurement document, or other buyer form does not modify these Terms unless Hercule Industrial, Inc. expressly accepts the change in a signed writing.
Payment
Unless a quote says otherwise, first orders require 100% payment before production release.
Payment is not considered received until the relevant payment processor, bank, or account shows the payment as paid, received, or available to Hercule Industrial. If payment is made outside the invoicing system, production will not be released until we can verify receipt.
We may use invoice links, payment links, card, ACH, wire, bank transfer, or other payment methods. Payment methods may be handled by third-party processors.
If payment is late or reversed, we may pause quoting, proofing, production, shipping, delivery, or future work until the issue is resolved.
Taxes, exemptions, duties, and third-party charges
Prices do not include taxes, duties, tariffs, customs charges, brokerage fees, payment-processor fees, bank fees, carrier fees, storage fees, re-delivery fees, or similar charges unless the quote says they are included.
The buyer is responsible for applicable sales, use, excise, VAT, GST, customs, duties, tariffs, brokerage, import, export, and similar taxes or charges related to the order, except taxes based on Hercule Industrial's net income.
If the buyer claims resale, tax-exempt, or other exempt status, the buyer must provide valid documentation before invoice finalization. If documentation is missing, late, invalid, revoked, or rejected, the buyer is responsible for the tax and any related interest, penalties, or costs caused by the missing or invalid exemption.
Buyer specifications and approvals
The buyer is responsible for accurate, complete, and timely information needed to quote and produce the order. This may include dimensions, product weight, board or strength requirements, material requirements, print requirements, artwork, dielines, files, quantity, shipping location, delivery constraints, and product-use constraints.
Plain packaging may require written approval of final dimensions, structure, material or board assumptions, quantity, no-print status, shipping details, and other order-specific specifications.
Printed packaging may require written approval of artwork, proof, copy, logo placement, panel orientation, barcode or QR code placement, colors, print method, finish, material, dimensions, and other production details.
Email approval counts as written approval. Silence does not count as approval.
Digital proofs and on-screen previews are approximations. They are not press proofs, physical samples, color standards, or guarantees of exact color, texture, scale, fit, or material appearance unless the quote expressly says otherwise.
Hercule Industrial is not responsible for errors that were present in buyer-provided files or approved proofs/specifications.
Buyer artwork, files, and product claims
The buyer is responsible for all artwork, text, images, logos, trademarks, trade dress, copyrighted works, product claims, legal labeling, regulated statements, barcodes, QR codes, dimensions, dielines, drawings, and other files or content provided by or approved by the buyer.
By submitting files or approving production, the buyer represents that it owns or has the rights, licenses, permissions, and authority needed to use the submitted materials, and that the submitted materials and resulting packaging do not infringe third-party rights or create counterfeit, misleading, illegal, unsafe, or otherwise unlawful packaging.
The buyer is responsible for regulated claims and labeling requirements, including food, drug, cosmetic, alcohol, cannabis/hemp, supplement, medical, hazardous-material, environmental, recycling, compostability, country-of-origin, age-restricted, warning, barcode, QR-code, retail, marketplace, and industry-specific requirements that apply to the buyer's product.
Hercule Industrial does not verify every trademark, copyright, label claim, regulatory claim, barcode, QR code, or product-use statement. We may refuse, suspend, or cancel work that we reasonably believe may violate law, third-party rights, supplier/provider rules, payment-processor rules, shipping rules, or create legal, regulatory, safety, fraud, reputational, or operational risk.
The buyer agrees to indemnify, defend, and hold harmless Hercule Industrial, Inc. and its officers, employees, contractors, suppliers, and service providers from claims, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from buyer-provided content, buyer specifications, buyer product claims, buyer use of the packaging, infringement or alleged infringement, regulatory or labeling issues, counterfeit or misleading packaging, or the buyer's breach of these Terms.
Packaging suitability
Unless the quote expressly accepts a requirement, Hercule Industrial does not guarantee packaging is suitable for every product, carrier, shipping mode, storage condition, automation line, retailer requirement, food-contact use, pharma or medical use, hazardous-material use, export use, or end-customer requirement.
The buyer must disclose product-use requirements, shipping conditions, storage conditions, regulatory requirements, and retailer or marketplace requirements that matter to the order before quote acceptance and production approval.
Changes and cancellation
Before a quote is accepted, there is no order to cancel.
After quote acceptance or invoice payment, changes and cancellation depend on order status. We may allow cancellation or changes before supplier release or production work begins, but the buyer is responsible for any incurred or committed costs.
After supplier release, supplier purchase order, material purchase, tooling, die, plate, prepress, proof, sample, CAD, structural work, production-file work, written proof approval, final specification approval, production scheduling, production start, shipment, pickup, storage, or delivery scheduling, cancellation may be unavailable and the buyer may owe the full order amount or all incurred and committed costs.
If the buyer delays information, approval, payment, delivery instructions, pickup, or acceptance, we may adjust lead times, invoice for completed goods or work in progress, charge or pass through storage and re-delivery costs, or cancel the remaining work after reasonable notice.
Custom goods, returns, refunds, defects, and shortages
Custom packaging is made to order and is generally not returnable or refundable for convenience.
Visible shipping damage, obvious shortage, or wrong shipment must be reported within 3 business days after delivery. Keep all packaging, labels, pallets, BOLs, cartons, and damaged goods.
Manufacturing, print, quantity, or specification defects must be reported within 10 calendar days after delivery. Keep the goods available for inspection.
Claims may be denied if notice is late, goods are used or resold, goods are discarded before inspection, packaging is not retained for carrier claims, or the issue results from buyer files, buyer specifications, buyer assembly, buyer storage, buyer handling, misuse, carrier issues, or normal manufacturing tolerance.
If Hercule Industrial confirms a covered defect or nonconformity, the exclusive remedy is, at our option, repair, replacement, reprint, credit, or refund of the affected goods or affected portion of the order. Refunds or credits will not exceed the amount paid to Hercule Industrial for the affected goods or services.
Shipping, freight, delivery, and international orders
Production and delivery dates are estimates unless a signed written agreement expressly states otherwise. Lead times usually begin only after payment, all required information, and required approvals are complete.
Unless a quote says otherwise, risk of loss or damage transfers to the buyer when goods are tendered to the carrier, picked up by the carrier, or otherwise leave the production, warehouse, or shipping location. If Hercule Industrial helps arrange freight, that does not make Hercule Industrial responsible for carrier loss, delay, damage, missed appointments, storage, customs delays, or other carrier or consignee issues except to the extent expressly stated in the quote.
Freight may be quoted, estimated, passed through, or finalized later depending on the order. Final freight often depends on ship-from location, delivery location, package count, pallet count, dimensions, weight, ready date, accessorials, dock or liftgate needs, appointment needs, stackability, blind-shipping requirements, and carrier availability.
Unless a quote says otherwise, shipping charges, carrier charges, fuel surcharges, accessorials, storage, re-delivery, address correction, return-to-sender, customs, duties, tariffs, brokerage, and related third-party fees are the buyer's responsibility.
We are not responsible for carrier delays, customs delays, failed delivery appointments, incorrect addresses, weather, strikes, shortages, supplier delays, government action, or other events outside our reasonable control. We may assist with carrier claims, but carrier claims are subject to carrier rules and timelines.
International orders are case by case. Unless the quote says otherwise, the buyer is responsible for import/export requirements, customs clearance, duties, taxes, tariffs, brokerage fees, importer-of-record obligations, and customs delays.
Quantity variance and manufacturing tolerances
Custom packaging may vary within normal manufacturing tolerances. Dimensions, scores, folds, die cuts, board, color, coatings, print registration, material lots, and finishes can vary by supplier, material, equipment, and production run.
If a quote states a specific overrun, underrun, dimensional, print, color, material, or manufacturing tolerance, that quote-specific tolerance controls. If the quote does not state a specific tolerance, commercially reasonable manufacturing tolerances apply, with +/-10% as the default quantity variance.
Tooling, dies, plates, CAD, dielines, and production files
Unless a quote or signed written agreement says otherwise, charges for tooling, dies, plates, prepress, CAD work, dielines, proofs, samples, production files, setup, engineering, or similar work are charges for preparation, use, or production support. They do not transfer ownership of Hercule Industrial's or a supplier's tools, templates, methods, CAD files, dielines, production files, know-how, or intellectual property.
Physical tools, dies, plates, print files, CAD files, dielines, production files, and supplier files may be owned, controlled, stored, reused, modified, released, discarded, or retained by Hercule Industrial or its suppliers according to the quote, supplier rules, or written agreement.
If a quote expressly grants buyer ownership or release rights, the buyer is responsible for any handling, conversion, storage, release, freight, supplier, or administrative costs associated with that property.
Confidentiality and marketing use
We use non-public project information, files, and specifications submitted by the buyer for quoting, production, shipping, support, recordkeeping, legal, tax, accounting, and related business purposes. We may share that information with suppliers, service providers, carriers, payment processors, professional advisers, and others as needed for those purposes.
We use reasonable care with non-public buyer specifications and project files. These Terms do not create an NDA, exclusivity obligation, fiduciary duty, or special confidentiality relationship. If the buyer needs NDA-level confidentiality, the parties must sign a separate NDA.
Hercule Industrial will not publicly use a customer's finished packaging, brand name, logo, artwork, or project as a case study, portfolio item, website image, social post, or advertisement without separate written permission.
Events outside our control
Hercule Industrial is not responsible for delay or failure caused by events outside its reasonable control, including supplier delays, material shortages, labor shortages, equipment failures, carrier delays, freight disruptions, weather, fire, flood, power outages, cyber incidents, strikes, government action, customs delays, war, public-health events, or similar events.
If an event outside our reasonable control affects an order, we may extend timelines, use alternate suppliers or carriers, revise affected freight or production assumptions, allocate limited supply, or cancel the affected portion of the order and refund amounts paid for goods not produced.
Warranty and liability limits
To the extent permitted by law, Hercule Industrial warrants only that goods will materially conform to the approved written specifications or quote at the time of delivery, subject to normal manufacturing tolerances and the exclusions in these Terms.
Except for that limited warranty, the website, services, quotes, samples, prototypes, proofs, and goods are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free website operation.
To the maximum extent permitted by law, Hercule Industrial, Inc. and its officers, employees, contractors, suppliers, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including lost profits, lost revenue, lost business, business interruption, production delays, recall costs, chargebacks, lost goodwill, replacement procurement, or claims by the buyer's customers.
Hercule Industrial's total liability for any order, website use, quote, service, or goods will not exceed the amount paid to Hercule Industrial for the affected order or affected portion of the order giving rise to the claim.
Governing law and updates
These Terms and any dispute arising from or relating to the website, a quote, an invoice, an order, goods, or services are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The parties agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any dispute that is not resolved informally, unless a signed written agreement states otherwise.
We may update these Terms from time to time. The version posted when a quote is accepted or an order is formed will generally apply to that order, unless the quote or signed written agreement states otherwise.
Severability and no waiver
If any part of these Terms is found unenforceable, the remaining parts remain in effect to the maximum extent permitted by law. Our failure to enforce a provision does not waive our right to enforce it later.