Table of Contents
- 1. Acceptance of Terms
- 2. Definitions
- 3. Partnership Eligibility & Onboarding
- 4. Ordering, Pricing & Payment Terms
- 5. Delivery, Inspection & Acceptance
- 6. Quality Assurance & Warranty
- 7. Custom Branding & Intellectual Property
- 8. Sustainability & Regulatory Compliance
- 9. Confidentiality
- 10. Liability & Indemnification
- 11. Term & Termination
- 12. Governing Law & Dispute Resolution
- 13. Amendments & Contact
1. Acceptance of Terms
These Partner Terms & Conditions ("Terms") govern the business relationship between Cup Source ("Company," "we," "our," or "us") and any wholesale distributor, retailer, café, restaurant, or commercial entity ("Partner," "you," or "your") that purchases products, places orders, or utilizes custom packaging services through Cup Source.
By placing an order, signing a purchase agreement, or accessing partner-exclusive pricing and resources, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision, you must refrain from purchasing or partnering with Cup Source.
2. Definitions
- Products: Paper cups, plastic cups, takeaway bowls, lids, sleeves, straws, utensils, and related beverage packaging supplied by Cup Source.
- Custom Branding: Full-color printing, logo application, and design services applied to Products upon Partner request.
- Order: A binding purchase request submitted through authorized Cup Source channels, including approved purchase orders or platform submissions.
- Effective Date: The date on which the Partner first places an order or executes a partnership agreement under these Terms.
3. Partnership Eligibility & Onboarding
Cup Source reserves the right to approve or decline partnership applications based on business type, creditworthiness, geographic delivery feasibility, and capacity constraints. Partners must:
- Provide valid business registration and tax identification documents where required by local law.
- Maintain a verified shipping address and authorized billing contact.
- Agree to minimum order quantities (MOQs) as published in the partner catalog or custom quotation.
4. Ordering, Pricing & Payment Terms
All orders are subject to product availability and final acceptance by Cup Source. Pricing is quoted in USD unless otherwise specified and may vary based on volume, material type, printing complexity, and freight requirements.
- Payment: Standard terms are Net 30 for approved credit accounts. New accounts may require prepayment or a deposit before production begins. Late payments incur interest at 1.5% per month or the maximum legal rate, whichever is lower.
- Taxes & Duties: Prices exclude applicable sales tax, VAT, import duties, or local regulatory fees, which are the Partner's responsibility.
- Order Modifications: Cancellations or alterations after production commencement may be subject to a restocking or material fee up to 50% of the order value.
5. Delivery, Inspection & Acceptance
Cup Source will use commercially reasonable efforts to meet estimated delivery windows. Shipping times are estimates and not guarantees. Risk of loss transfers to the Partner upon delivery to the carrier or designated freight terminal.
Partners must inspect shipments within five (5) business days of receipt. Claims for damaged, defective, or short-shipped items must be submitted in writing with photographic evidence and original packaging details. Claims submitted after the inspection window will be evaluated at Cup Source's discretion.
6. Quality Assurance & Warranty
All Products are manufactured using FDA-compliant, food-grade materials and undergo quality control inspections. Cup Source warrants that Products will conform to published specifications and be free from material defects under normal commercial use.
This warranty does not cover damage caused by improper storage, misuse, exposure to extreme temperatures, or unauthorized third-party modifications. Cup Source's sole obligation under this warranty is, at its option, to replace defective Products or refund the purchase price.
7. Custom Branding & Intellectual Property
Partners retain ownership of all original artwork, logos, and trademarks submitted for Custom Branding. By submitting design files, Partners grant Cup Source a limited, non-exclusive license to reproduce, print, and apply such materials solely for the fulfillment of the associated Order.
Partners warrant that all submitted designs comply with intellectual property laws and do not infringe upon third-party rights. Cup Source is not responsible for trademark disputes arising from Partner-submitted artwork. We reserve the right to reject designs that violate legal standards or brand safety guidelines.
8. Sustainability & Regulatory Compliance
Cup Source is committed to environmentally responsible manufacturing. Many Products carry certified compostable, biodegradable, or recyclable ratings. Partners are responsible for verifying local waste management regulations and ensuring proper disposal guidance for end consumers.
Eco-label claims must align with applicable regional standards (e.g., ASTM D6400, EN 13432, FSC certification). Cup Source provides documentation upon request but does not guarantee jurisdictional compliance for the Partner's specific market.
9. Confidentiality
Both parties agree to protect proprietary information exchanged during the partnership, including pricing structures, volume data, design files, and operational processes. Confidential information shall not be disclosed to third parties without prior written consent, except as required by law or to professional advisors bound by confidentiality obligations.
10. Liability & Indemnification
To the maximum extent permitted by law, Cup Source's aggregate liability for any claim arising from these Terms shall not exceed the total amount paid by the Partner for the specific Products giving rise to the claim. Cup Source shall not be liable for indirect, incidental, consequential, or punitive damages, including lost profits or business interruption.
Partner agrees to indemnify, defend, and hold harmless Cup Source, its officers, employees, and affiliates from any claims, damages, or expenses arising from Partner's misuse of Products, violation of applicable laws, or breach of these Terms.
11. Term & Termination
These Terms remain in effect for the duration of the business relationship. Either party may terminate the partnership with thirty (30) days written notice. Termination does not relieve Partner of obligations for unpaid invoices or unfulfilled orders accepted prior to the effective termination date.
Cup Source may suspend or terminate access immediately in cases of fraud, non-payment, repeated policy violations, or breach of confidentiality.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any dispute arising under or in connection with these Terms shall first be subject to good-faith negotiation. If unresolved within thirty (30) days, disputes shall be settled through binding arbitration administered by the American Arbitration Association (AAA) in San Francisco, CA, or in courts of competent jurisdiction if arbitration is unavailable.
13. Amendments & Contact
Cup Source reserves the right to modify these Terms at any time to reflect operational updates, regulatory changes, or service improvements. Material changes will be communicated via partner email or dashboard notification. Continued use of services following such notice constitutes acceptance of the updated Terms.
For questions, contract administration, or legal inquiries regarding these Terms, please contact:
Email: legal@cupsource.com
Phone: +1 (800) 555-0198
Mailing: 1420 Pacific Commerce Dr, Suite 400, San Diego, CA 92101
Disclaimer: This document is provided for informational and operational purposes. It does not constitute legal advice. Partners are encouraged to consult independent legal counsel before entering into wholesale agreements or placing custom manufacturing orders.