Terms and Conditions
MAK Packaging and Fulfillment
Effective Date: [2025]
1. Introduction
Welcome to MAK Packaging and Fulfillment (“MAK,” “we,” “our,” or “us”). These Terms and Conditions govern your access to and use of our website, services, and related business offerings.
MAK Packaging and Fulfillment is committed to providing dependable packaging, product preparation, order processing, and fulfillment solutions designed to help businesses operate efficiently and serve their customers with confidence.
By accessing our website, requesting a quote, entering into a service agreement, or using our services, you acknowledge that you have read and understood these Terms and Conditions and agree to the provisions applicable to your use of our website or services. If you do not agree, please refrain from using our website or services.
Specific service agreements, proposals, statements of work, or other written agreements may supplement these Terms and Conditions. In the event of a conflict, the applicable written agreement will control to the extent of that conflict.
2. Our Services
MAK Packaging and Fulfillment provides packaging and fulfillment services to businesses, subject to availability, agreed specifications, and the terms of the applicable service agreement.
Services may include, as applicable:
- Product packaging, repackaging, and assembly.
- Pick-and-pack services and order fulfillment.
- Product labeling, kitting, and preparation.
- Inventory receiving, handling, and storage.
- Shipment preparation and coordination with shipping carriers.
- Other customized packaging and fulfillment solutions agreed upon by the parties.
The specific services, pricing, timelines, quantities, and performance requirements for each customer will be established through a quote, proposal, order confirmation, or separate written agreement.
We reserve the right to decline, suspend, or discontinue a requested service when reasonably necessary, including where the request is unlawful, unsafe, outside our operational capabilities, or inconsistent with an applicable agreement.
3. Quotes, Orders, and Service Agreements
Quotes and estimates are based on the information provided by the customer, including product dimensions, quantities, packaging requirements, order volume, handling needs, and anticipated service levels.
Unless otherwise stated in writing, quotes are estimates and may be revised if the scope of work, quantities, materials, labor requirements, shipping costs, or other relevant circumstances change.
An order or service request is considered accepted when MAK confirms acceptance in writing or otherwise begins performing the agreed services under an established arrangement.
Customers are responsible for reviewing all quotes, specifications, and order confirmations before approving work. Changes requested after approval may result in additional charges, revised timelines, or other adjustments.
4. Pricing and Payment
Customers agree to pay the fees specified in the applicable quote, invoice, purchase order, or service agreement.
Depending on the services provided, charges may include labor, packaging materials, assembly, storage, inventory handling, shipping, special handling, and other agreed expenses.
Unless otherwise agreed in writing:
- Payment is due according to the payment terms stated on the invoice or service agreement.
- Applicable taxes and other legally required charges may be added.
- Additional work or changes outside the original scope may incur additional fees.
- Customers are responsible for providing accurate billing information and promptly addressing billing questions.
If payment is overdue, MAK may, to the extent permitted by law and the applicable agreement, suspend services, delay the release of shipments, or pursue lawful collection remedies after any required notice.
Any interest, late fees, or collection costs will be charged only where permitted by applicable law and the governing agreement.
5. Customer Responsibilities
Successful packaging and fulfillment depend on clear communication and accurate information. Customers agree to:
- Provide accurate product descriptions, quantities, dimensions, weights, and handling instructions.
- Supply products, packaging materials, labels, artwork, and other required items by agreed deadlines.
- Ensure that all products and materials provided comply with applicable laws and regulations.
- Provide accurate shipping addresses, recipient information, order data, and other fulfillment instructions.
- Disclose any special storage, handling, safety, or transportation requirements.
- Obtain all necessary rights, licenses, and permissions for products, trademarks, artwork, labels, and materials supplied to MAK.
- Respond promptly to requests for information or approvals needed to complete the work.
Customers are responsible for delays, additional expenses, or service disruptions resulting from inaccurate information, late deliveries, incomplete instructions, or other circumstances within their reasonable control.
6. Product Compliance and Prohibited Items
Customers represent that the products and materials submitted to MAK are lawful to possess, package, store, handle, and ship.
Customers must disclose any applicable restrictions, hazards, special handling requirements, or regulatory obligations before providing products to MAK.
Unless expressly approved in writing and supported by appropriate procedures and capabilities, MAK does not accept products or materials that are illegal, hazardous, restricted, improperly labeled, or otherwise unsuitable for the requested services.
Customers remain responsible for product safety, product claims, required warnings, labeling compliance, intellectual property rights, and regulatory approvals, except to the extent a specific responsibility is expressly accepted by MAK in a written agreement or imposed on MAK by law.
MAK may refuse, isolate, or suspend handling of products that reasonably appear unsafe, unlawful, or materially inconsistent with the information provided, subject to applicable law and the governing agreement.
7. Packaging Quality and Inspection
MAK will perform agreed packaging and fulfillment services with reasonable care and in accordance with the specifications established in the applicable service agreement.
Customers are responsible for providing complete and accurate packaging instructions, product specifications, and quality requirements before work begins.
Where appropriate, customers should review samples, approve packaging designs, and confirm labeling and assembly specifications before authorizing full production or fulfillment.
Customers must notify MAK promptly in writing of any apparent packaging or fulfillment discrepancies, including incorrect quantities, labeling issues, or damage identified upon receipt. Any inspection and notification periods, remedies, or acceptance procedures established in a separate written agreement will apply.
Nothing in these Terms and Conditions excludes rights or remedies that cannot lawfully be excluded.
8. Inventory, Storage, and Handling
Where inventory storage or handling is part of the agreed services, customers must provide accurate inventory records and disclose applicable storage conditions, shelf-life requirements, expiration dates, and other relevant product characteristics.
Storage fees, inventory limits, receiving procedures, cycle counts, and inventory reporting requirements will be determined by the applicable service agreement.
Customers should maintain appropriate insurance for their inventory and products while in storage or transit, unless otherwise agreed in writing.
Responsibility for inventory loss, damage, shortages, or discrepancies will be determined under the applicable service agreement and applicable law. MAK will not be responsible for loss or damage to the extent caused by circumstances for which MAK is not legally responsible.
Procedures for abandoned inventory, unpaid storage charges, inventory removal, or disposal must comply with the governing agreement and applicable law.
9. Shipping and Delivery
MAK may prepare shipments, coordinate carrier services, or arrange dispatch on behalf of customers, depending on the agreed scope of work.
Delivery estimates are not guarantees unless expressly agreed in writing. Actual delivery times may be affected by carrier capacity, weather, transportation disruptions, customs procedures, incorrect addresses, or other circumstances beyond MAK's reasonable control.
Where a third-party carrier is used, the carrier's applicable terms and conditions may also apply. MAK does not guarantee the performance of independent carriers and will not be responsible for their acts or omissions except to the extent required by law or expressly agreed in writing.
Customers are responsible for providing accurate shipping information and any required customs documentation, product declarations, or other shipment information assigned to them under the applicable agreement.
10. Cancellations, Changes, and Service Interruptions
Customers should submit cancellation requests and changes to approved orders in writing.
Depending on the stage of work, customers may remain responsible for costs already incurred, including labor performed, materials purchased, custom packaging produced, storage, shipping, and other nonrecoverable expenses, subject to the applicable agreement and law.
MAK will communicate material changes to service availability or anticipated completion dates when reasonably practicable.
If a service is interrupted because of circumstances beyond a party's reasonable control, the parties will work in good faith to address the interruption and determine an appropriate path forward under their agreement.
11. Website Use
You agree to use the MAK website for lawful purposes and in a manner that does not interfere with its operation or compromise its security.
You must not:
- Use the website to engage in fraudulent, unlawful, or misleading activity.
- Attempt to gain unauthorized access to website systems or information.
- Introduce malicious code, viruses, or other harmful technology.
- Copy, reproduce, distribute, or exploit website content without authorization, except as permitted by law.
- Misrepresent your identity or submit false information through website forms.
We may modify, suspend, or discontinue website features at any time, subject to applicable law.
12. Intellectual Property
Unless otherwise stated, the MAK website and its original content, branding, logos, graphics, text, and design elements are owned by or licensed to MAK Packaging and Fulfillment and are protected by applicable intellectual property laws.
You may view and use website content for personal or legitimate business evaluation purposes. You may not reproduce, modify, distribute, or commercially exploit our protected materials without prior written permission, except as permitted by law.
Customers retain ownership of their products, trademarks, artwork, and other materials they provide to MAK. Customers authorize MAK to use those materials solely as reasonably necessary to perform the agreed services, subject to the applicable agreement.
Any ownership or licensing arrangements for custom designs, packaging artwork, or other deliverables will be governed by the applicable written agreement.
13. Confidentiality and Data Protection
MAK recognizes the importance of protecting confidential business information and customer data.
Each party should protect the other party's nonpublic information using reasonable safeguards and use that information only for legitimate purposes connected with the business relationship, subject to any separate confidentiality agreement.
Confidentiality obligations do not apply to information that is lawfully public, already known without a duty of confidentiality, independently developed, or lawfully received from another source without restriction.
Information may be disclosed when required by law or a valid legal process, subject to applicable legal requirements.
Personal information submitted through our website or in connection with our services will be handled in accordance with our Privacy Policy and applicable privacy laws. Please refer to our Privacy Policy for additional information about the collection, use, and protection of personal information.
14. Third-Party Services
Our services may involve third-party shipping carriers, software platforms, suppliers, or other service providers.
Third-party services may be subject to separate terms, conditions, privacy policies, and operational limitations. MAK does not control every aspect of these services and makes no independent guarantee regarding their availability or performance.
Nothing in this section limits any responsibility that MAK may have under applicable law or an express written agreement.
15. Limitation of Liability
To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, loss of business opportunities, or loss of anticipated savings, arising from the services or these Terms and Conditions.
To the extent permitted by applicable law, MAK's aggregate liability arising out of a particular service engagement will be subject to any liability limits expressly established in the applicable written service agreement.
If no such limit has been agreed upon, liability will be determined under applicable law.
Nothing in these Terms and Conditions excludes or limits liability that cannot legally be excluded or limited, including liability arising from fraud or other conduct where exclusion is prohibited by law.
Any proposed liability cap, exclusion, or allocation of risk should be reviewed by legal counsel to ensure that it is appropriate for the services provided and enforceable in the relevant jurisdiction.
16. Indemnification
To the extent permitted by law, each party agrees to be responsible for third-party claims, losses, damages, and reasonable legal expenses to the extent arising from its own negligence, willful misconduct, violation of law, or material breach of the applicable agreement.
Customers may also be responsible for claims arising from products, product information, labeling, artwork, or materials they supply, including claims involving intellectual property infringement or product noncompliance, except to the extent caused by MAK's own conduct or other circumstances for which MAK is legally responsible.
The scope and procedures for indemnification may be further defined in a separate written agreement.
17. Force Majeure
Neither party will be considered in breach for a delay or failure to perform to the extent caused by circumstances beyond its reasonable control, such as natural disasters, fires, severe weather, public emergencies, war, labor disruptions, government actions, widespread transportation interruptions, or failures of essential utilities or infrastructure.
The affected party will provide notice when reasonably practicable and take reasonable steps to reduce the impact of the disruption.
This section does not excuse payment obligations for services already performed or costs already incurred, except where otherwise required by law or agreed in writing.
18. Suspension and Termination
Either party may terminate a service relationship in accordance with the applicable service agreement.
Where no specific termination procedure has been agreed upon, a party may seek to terminate an ongoing arrangement by providing reasonable written notice, subject to existing commitments and applicable law.
MAK may suspend or terminate services for a material breach, nonpayment, unlawful activity, safety concerns, or other grounds permitted by the applicable agreement and law. Where appropriate, MAK will provide notice and a reasonable opportunity to address a breach before taking action.
Upon termination, customers remain responsible for outstanding fees and agreed costs incurred through the effective termination date. The parties will coordinate the return, transfer, or disposition of customer inventory and property in accordance with their agreement and applicable law.
19. Privacy and Cookies
Our website may use cookies or similar technologies to support website functionality, understand site usage, and improve the user experience.
Where required, we will provide appropriate notices and obtain any legally required consent.
Our collection and use of personal information are described in our Privacy Policy. Visitors should review that policy to understand what information may be collected and how it is handled.
20. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict-of-law principles, except where applicable law requires otherwise.
Any dispute arising out of or relating to these Terms and Conditions or the services provided by MAK Packaging and Fulfillment shall be resolved in accordance with the dispute resolution provisions of the applicable written service agreement. If no such provisions exist, disputes shall be brought before a court of competent jurisdiction as permitted by applicable law.
Nothing in this section limits any rights or remedies that cannot legally be waived or restricted.
21. Changes to These Terms
MAK may update these Terms and Conditions from time to time to reflect changes in our business, services, legal obligations, or website practices.
The updated version will be posted on our website with a revised effective date. Changes to website-use terms will generally apply prospectively from the stated effective date, subject to applicable law.
Changes to existing customer service agreements will be governed by the amendment provisions of those agreements and applicable law. Continued website use after updated website terms become effective constitutes acceptance where legally permitted.
22. Severability and Waiver
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain effective to the extent permitted by law.
A failure to enforce a provision does not constitute a waiver of the right to enforce that provision later.
23. Entire Agreement
These Terms and Conditions, together with any applicable service agreements, approved quotes, and incorporated policies, form the agreement governing the matters they address.
Where a separate written agreement establishes specific commercial terms for a customer, that agreement will control in the event of a conflict to the extent stated in the agreement or required by law.
24. Contact Information
We value our customers and believe that open communication, dependable support, and strong business relationships are essential to doing packaging and fulfillment right.
If you have questions about these Terms and Conditions, our services, or an existing order, please contact us.
MAK Packaging and Fulfillment
- Email: info@makpf.com
- Phone: (651) 674 - 0212
- Business Address: 6421 264th St. North Branch, Minnesota 55056
- Website: www.makpf.com
We're here to help you find the right packaging and fulfillment solutions for your business. Thank you for considering MAK Packaging and Fulfillment as your partner.