BIOTEF LABELS INC TERMS  &  CONDITIONS

Biotef Labels Inc & Affiliates ("Service Provider," “Our” or "We") terms and conditions for use and purchasing of manufactured packaging & label products.
Last Revised: May 25th, 2021

These Terms of Use & Conditions (Terms) are a contract between you (the Customer or User) and us (Biotef Labels Inc). It describes the services we will provide to you, the basic rules that govern your use of Biotef Labels Inc services, and other aspects of our business relationship. These terms are so important that we cannot provide our products and services to you unless you agree to them. By using Biotef Labels Inc services (interacting with our website, setting up an account, or placing an order with us), you agree to these terms. If you don’t agree to these Terms, you must immediately discontinue your use of our services. If you have questions or concerns about these Terms, please reach out to us. We’re happy to help.

We periodically update these Terms. Your use of Biotef Labels Inc services following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms whenever you use this Site, access your account, or place an order.

Account Information

ELIGIBILITY

To access and use Biotef Labels Inc services, you state that the following facts are accurate:

1. You are at least 13 years old;

2. You are not currently restricted by Biotef or any law enforcement agency from accessing or using Biotef services or not otherwise restricted from having an Account;

3. You have the full power and authority to enter into this Terms of Use Agreement and the Privacy Policy, and doing so will not violate any other agreement to which you are a party;

4. You will not violate any rights of Biotef Labels Inc. or a third party, including the intellectual property rights of such third party;

5. You agree to provide accurate, current, and complete information for registration and to update such information to keep it accurate, current and complete.

By using Biotef Labels Inc services, you acknowledge that you meet all the requirements listed above and that you won’t use Biotef services in a way that violates any laws or regulations.  

Biotef Labels Inc reserves the right to suspend or terminate your Account at any time, including if any information provided for registration is determined to be inaccurate, not current, or incomplete.

ACCOUNT & PASSWORD

Since we don’t know the inner workings of your organization or the nature of your personal relationships, we decide who owns an account based on the contact and profile information listed for that account as well as the content in that account. In cases where differing contact and profile information are present, or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of Biotef Labels Inc.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. You won’t use an Account that is registered to another User without express permission from that User. You agree to immediately notify Biotef of any unauthorized use of your Account or if you suspect that the security of your password or your Account has been compromised.

THIRD PARTIES

If you use this Site to submit Requests for or on behalf of a third party, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to the Biotef Labes Inc services.

Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each party harmless from any and all liabilities, losses, damages, suits, and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described above. The User is directly responsible for any Request submitted, including related fees, charges, and performance obligations.

Order Information

PAYMENT

All prices and amounts shown on this Site are in U.S. Dollars (USD). If a User submits a request on the Site to purchase printing products, design services, or other services, the User agrees that all charges, taxes, and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.

If any changes are requested regarding artwork, job characteristics, or processing time after your proof has been approved, additional charges and processing time may be applied.

SALES TAX POLICY

Biotef Labels Inc charges sales tax to orders shipped to all states unless you are tax exempt. If you are tax exempt, please submit your tax exemption certificate for the ship-to state with your order.

ARTWORK FILES

Artwork Guidelines: Please submit your artwork according to our graphic specifications. Our Prepress team will check all artwork to ensure it is saved to the correct dimensions and specifications.

Note: If changes need to be made to your artwork to meet these specifications, you will be notified and asked to submit artwork that meets our print guidelines. Our Prepress team may be able to make the adjustments for you at an additional cost, which varies based on the adjustments needed. If you select our team to make the adjustments for you, you agree to a $120 per hour fee for graphic design work for a new digital proof to ensure the changes meet your specifications.

Copyrighted Materials: By submitting the artwork to Biotef Labels Inc, you certify that you have the right to use the image(s) in your artwork files. The owner of a copyright has the EXCLUSIVE right to reproduce the work in copies or phonograms. Biotef Labels Inc may ask customers to provide proof of their license to copy and sell the copyrighted material by printing a copyrighted work, such as pictorial or graphic works. If copyrighted material is contained within a document being printed, it still requires the permission of the author. We will refuse an order, which, in our opinion, may be illegal in nature or an infringement on the rights of any third party.

Graphic/Inappropriate Content: You agree that you will NOT upload any artwork files consisting of material that is not suitable for children to view or any material that could give rise to any civil or criminal liability under applicable law. 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.

Overprinting: Any artwork received with overprinting turned on may not print correctly (as viewed in editing software) when using HP ElectroInk Technology and is not Biotef Label’s responsibility. The Customer is responsible for ensuring all overprinting is turned off in their artwork files.  

NO LIABILITY FOR ERRORS

Biotef Labels Inc is not liable for errors in a final product caused by any of the following reasons:

Misspelling, Graphics, Bleed, Grammar, Damaged Fonts, Punctuation, Die Lines, Crop Marks, Transparency, Overprint, Finished Product Size if Biotef Labels Inc did not make any changes on customer files.

DIE-CUTTING

We die-cut all labels we produce. As is the industry standard, the die-cut might drift up to 1/16″ in each direction; a total deviation of up to 1/8″. For this reason, we require all artwork submitted to include 1/16” of bleed in each direction and for all printed elements contained in the artwork to be within a safe zone of 1/16th inside the cut line on all sides.

Please review our stock dieline templates for stock container sizes for many bottle manufacturers and distributors for examples of bleed & safe zone. If you need a custom template developed please contact us.

CUSTOM DIES

Customers are responsible for the cost of custom dies (dies other than what are listed in our stock die list). When a customer orders a non-stock die, the customer acknowledges that the fee charged to them is a charge for order customization, not a die purchasing fee. The ordered die is not the property of the customer; the die is the property of Biotef Labels Inc.

PROOFS

Please download and review your Electronic PDF proof carefully to ensure that your labels print exactly as you envisioned. We advise that you:

1. Review all notes from our Prepress team on your proof.

2. Review all copy for any spelling errors, giving particular attention to names, contact information, product weight, etc.

3. Review order specifications (label size, material, etc.).

Your approval of your final proof confirms you have read all notes, reviewed your artwork and order specs, and accept that your labels will print as shown.

Orders with an Electronic or Printed Proof will not be sent to press without your approval, so please reply as quickly as possible. You can approve or disapprove your proof via the email link sent to you or on your customer account page on our site.

If you do not select any proof, you forfeit any right to refuse an order upon delivery from Biotef Labels Inc for any reason related to quality, resolution, color, size, or shape.

If an Electronic Proof is selected and changes need to be made your order will be cancelled and a NEW order must be placed through our online portal.

If a Printed Proof is selected and changes need to be made, and the customer requires an updated press proof, an additional proof charge of $100 will apply.

If any changes are requested regarding artwork, job characteristics, or processing time after your proof has been approved, additional charges and processing time may be applied.

COLOR

We print all of our labels with process builds. We do not print Pantone® spot colors. Any spot color will be approximated based on the Pantone® Solid Coated/Uncoated guides for the best match. We can match roughly 95% of all PMS colors in the designated Pantone® books. If you are concerned about color or color builds on your labels, please choose a press printed proof with your order.

We guarantee a color match within 3 delta E (CIEDE 2000 formula) to labels previously printed by Biotef Labels Inc.

Matching to customer-supplied samples or Pantone® colors (provided our printer is capable of reproducing the color) can only be obtained if customer provides physical sample of their current printed material. We will analyze the current print for actual Pantone color and determine if we can certify match it. There are some Pantone colors that we are unable to reproduce due to the process technology used. If we are unable to reproduce a certain color within 3 delta E, we will contact the customer, and they will have the option to select another Pantone® color or cancel the order.

Color Consistency on Reorders: Samples of your previous orders are stored at our facility for quality control purposes and to ensure color accuracy for future orders. These samples are stored for two years before they are disposed of. After this time, samples are not color accurate due to ink fading, hardware changes, software updates, improvement in processes, etc.  Biotef Labels Inc cannot guarantee a color match to a previous label order from two or more years ago.

PROCESSING TIME

Processing time starts when the order is placed with a daily cut-off time of 10:00 am CST.

Our standard processing time is approximately 3 business days for PS labels, 4 days for 2-ply labels, and 7 days for booklet labels but real time lead times will be available at time of order placement. An Expedited upgrade removes 2 days of processing time and has a guaranteed timeline as long as proof approval is received by 2:00 pm EST. If an order is placed after our cut-off time, the first processing day will be the following business day.

The following list of actions will extend the processing time by the noted amount:

1. Custom pressure sensitive & 2-ply sizes add 2-3 business days. Custom booklet label sizes add 7-10 business days*

2. Color match adds 2 days after receipt of physical sample

3. Proof approval adds 1 day from when proof was sent till approval

4. Printed proof adds 3 business days plus shipping and approval time

5. Variable Data adds 2 business days

6. Graphics design or artwork adjustments adds a minimum of 1 business day (can vary depending on the complexity of adjustments)

*Disclaimer: Biotef Labels Inc is not responsible for the die manufacturer’s delays and cannot guarantee processing for custom sizes.

Please note that Biotef Labels Inc is closed Saturdays, Sundays, and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, processing time does not include shipping transit times, and you should allow additional business days for delivery based on the shipping method you selected.

Biotef Labels Inc will not be responsible for expedited shipping-related costs on orders that do not ship by the due date. The remedy for failing to meet an expedited deadline is limited to a refund of any expediting charges.

SHIPPING

We only ship with our FedEx parcel and LTL accounts. We do not ship with customer shipping accounts. Please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up by FedEx.

ROLLS

At this time, we produce roll labels on inner cores of 3" and 6" diameter. Customer must specify core size at time of order.

LABEL ADHESION

We are not in any way responsible for how labels printed by Biotef Labels Inc stick to our customers’ products. It is the Customer’s responsibility to test Biotef Label’s material on their products. Samples of our materials are available free of charge when shipped standard USPS. International or expedited shipping of samples may incur additional shipping charges.

We currently use Fasson C4500 or equivalent on all our White BOPP and Fasson S7000 or equivalent adhesive on our Metalized BOPP, Paper, and CLEAR BOPP.

Our products have a pre-application life expectancy of 6 months in a climate-controlled environment; (between 55 °F and 85 °F). After 6 months, we are not responsible for any malfunction of the adhesive on our products.

LAMINATE & VARNISH MATERIALS

Our materials are resistant to scuffing and scratching but are not scuff or scratch-proof. Since these materials are not impervious to scuff or scratch damage we coat all labels with either a laminate or a varnish. Options are available through our order portal and must be selected.

CUSTOMER SERVICE

It is our wish that you are pleased with every order you receive. Should you have an issue, please reach out to our team; we will make every effort to partner with you on a resolution. All concerns should be registered within 30 days of receipt of your final printing job. Should your order have a manufacturing error or print defect (as determined by Biotef Labels Inc), we will completely replace those labels at no cost to you. If you are unsatisfied with your order for any other reason, we will try to partner with you on a solution anyway.

All materials we create in producing your printed product are the property of Biotef Labels Inc. Although these labels will not be sold to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.

Refund Policy: All sales are final since we customize each order according to your exact specifications. No refunds are given once Biotef Labels begins working on your order, which means Biotef Labels has received your necessary materials (i.e., digital files) and started work on your order (i.e., your order is in production). However, if we verify that we made an error, we will re-print your order. You must notify us within 30 days from delivery about any defects. To receive the replacement, you must return 100% of the defective order.

In some cases, a partial or full refund may be extended to the customer if no work has been completed by Biotef Labels for a specific order. If you would like to cancel any or part of this order, you should do so by phone or e-mail within 24 hours when you initially place the order. Please note that such a refund would be adjusted to cover any fees charged for proofs or other services associated with that order.

Each order made from Biotef Labels Inc on biotef.com is a contract between you and Biotef Labels Inc. Making an order on behalf of a third party does not absolve you of liability to Biotef Labels Inc. As such, any decision by the third party not to accept the particular items printed or cancels the order the third party made with you does not affect your liability to Biotef Labels Inc.

Other Important Information

TRADEMARKS/COPYRIGHTS

The Biotef Content, including but not limited to the letters and service marks, the Biotef logo and/or name, other Biotef logos, taglines, titles, trade dress, and registered and unregistered service marks or trademarks (collectively, hereinafter referred to as “trademarks”), are protected under United States copyright, trademark and/or other laws, and are the property of Bitoef. Unauthorized use of the Biotef content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the Biotef content or reproduce, display, distribute, or otherwise use the Biotef content in any way for any public or commercial purpose, including but not restricted to the adaptation of the software, HTML code, or any other code that Biotef creates. You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our trademarks in such a way that would misrepresent or cause confusion as to who the proper owner of such trademarks is.

GOVERNING LAW

The internal laws of the State of Texas shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Pasadena, Texas, for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.