Terms & Legal

By accessing microflexfilm.com (the “Site”), requesting a quote, submitting artwork, issuing a purchase order, or otherwise transacting with Microflex, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.

If you do not agree to these Terms, do not use the Site or submit orders.

The Site and its content (text, graphics, logos, photos, code, the Microflex marks, the cyan splash device, and product imagery) are owned by or licensed to Microflex and are protected by U.S. and international intellectual-property laws.

You may not:

• copy, scrape, mirror, frame, or redistribute Site content for commercial use;
• reverse-engineer, decompile, or interfere with the Site or its security;
• upload malware, fraudulent submissions, or false PO data;
• use the Site in violation of any law, export control, or sanctions program; or
• use Microflex marks without our written permission.

We may suspend or terminate access at any time, for any reason, without notice.

All sales of printed film, pouches, labels, shrink sleeves, sachets, stick packs, rollstock, sample kits, and any other Microflex product or service (“Products”) are governed by these Terms unless superseded by a signed master supply agreement.

Quotes. Microflex quotes are valid for thirty (30) days from the date issued, unless stated otherwise. Quotes are estimates based on the artwork, specifications, materials, run length, and ship-by date the customer provides at quoting. Changes to any of those inputs (including artwork revisions, material substitutions, finish changes, quantity changes, or expedited timelines) may trigger a requote.

Orders. A binding order is formed when Microflex issues an order acknowledgement against the customer’s purchase order or signed quote. The customer’s pre-printed terms on any PO are expressly rejected. Microflex’s terms control.

Cancellations & changes. Once artwork is released to plate/cylinder, prepress, or production scheduling, cancellations and material changes are subject to costs incurred up to the cancellation date, including but not limited to plates, cylinders, dies, prepress labor, raw material commitments, and a reasonable restocking fee.

Sample kits. Sample kits are provided for evaluation only. Quantities, finishes, and materials shown in sample kits are representative and are not a guarantee of production-run appearance.

Flexible packaging is a manufactured product subject to standard industry tolerances. By placing an order, customer accepts the following as conforming product:

• Quantity variance: over-runs and under-runs of up to ten percent (10%) of ordered quantity, billed at unit price. Tighter tolerances available upon written request and may increase pricing.
• Color & registration: color matching to within commercially reasonable Delta E targets against an approved color standard or approved press proof; minor registration shift is normal.
• Material gauge & web width: within published mil and width tolerances for the selected substrate.
• Splices: roll splices are normal and not a defect.
• Seal & pouch dimensions: within standard converting tolerances.

Tighter or custom tolerances must be agreed in writing and may affect pricing, lead time, and yield.

Customer artwork. Customer represents and warrants that it owns, or has all necessary licenses, permissions, and rights to use and reproduce all artwork, trademarks, copyrights, photography, fonts, barcodes, claims, regulatory text, nutrition facts, and other content submitted to Microflex (collectively, “Customer Content”).

Customer grants Microflex a non-exclusive license to use Customer Content solely to prepare prepress, proofs, plates, cylinders, dies, and to produce and deliver the Products ordered.

Tooling. Plates, cylinders, dies, fixtures, and other tooling produced by Microflex remain the property of Microflex unless purchased outright in writing. Microflex may retire, recycle, or destroy unused tooling after twenty-four (24) months of inactivity.

Press proofs & samples. Production samples and press proofs may be retained by Microflex for quality records, internal training, and portfolio reference unless the customer requests confidential treatment in writing.

Microflex IP. The Microflex name, the Microflex word mark, the cyan splash device, and all Site design elements remain the exclusive property of Microflex Film Corporation.

Each party will protect the other party’s non-public business and technical information disclosed in connection with a quote or order with at least the same care it uses to protect its own confidential information, and will not disclose it to third parties except as needed to perform the order or as required by law. This obligation survives termination for three (3) years.

Standard terms. Net thirty (30) days from invoice date for approved-credit accounts. First orders, custom tooling orders, and accounts without approved credit are payable by deposit and balance prior to shipment, or by terms stated on the order acknowledgement.

Late payments. Past-due balances accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, plus reasonable collection costs including attorneys’ fees.

Taxes. Prices are exclusive of sales, use, VAT, GST, excise, or similar taxes. Tax-exempt customers must provide a valid resale or exemption certificate.

Currency. All invoices are in U.S. Dollars unless otherwise stated.

Unless otherwise stated on the order acknowledgement, shipment is FOB Origin, Microflex’s Riverside, California facility. Title and risk of loss pass to customer when product is tendered to the carrier. Delivery dates are estimates and are not guaranteed. Microflex is not liable for delays caused by carriers, raw-material suppliers, customs, or events outside its reasonable control.

Customer must inspect product within ten (10) business days of receipt and give written notice of any non-conforming product within that period. Failure to give timely notice is acceptance.

Microflex warrants that Products will, at the time of delivery, materially conform to the specifications agreed in the order acknowledgement and will be free from defects in materials and workmanship under normal use.

Sole remedy. Customer’s sole and exclusive remedy for a breach of this warranty, and Microflex’s sole and exclusive obligation, is, at Microflex’s option, (a) replacement of the non-conforming Product, (b) re-running the order, or (c) refund of the price paid for the non-conforming Product.

Exclusions. This warranty does not cover: (i) Products that have been modified, mishandled, contaminated, or stored outside recommended conditions; (ii) defects caused by Customer Content, materials, or specifications; (iii) cosmetic variation within industry tolerance; or (iv) issues caused by downstream filling, sealing, decoration, or shipping by third parties.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, MICROFLEX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR DETERMINING SUITABILITY OF PRODUCT FOR ITS INTENDED USE, INCLUDING ANY REGULATORY OR FOOD-CONTACT REQUIREMENTS APPLICABLE TO ITS FINISHED GOODS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROFLEX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY ORDER, THE PRODUCTS, OR USE OF THE SITE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO MICROFLEX FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM. IN NO EVENT WILL MICROFLEX BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, COST OF COVER, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.

Customer will defend, indemnify, and hold harmless Microflex, its officers, employees, and affiliates from and against any third-party claim, demand, loss, or expense (including reasonable attorneys’ fees) arising out of: (a) Customer Content, including any claim of intellectual-property infringement, false advertising, defamation, or regulatory violation; (b) customer’s use, distribution, sale, or labeling of finished goods incorporating the Products; and (c) customer’s breach of these Terms.

Microflex is not liable for any delay or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, war, terrorism, civil disturbance, strike, supplier failure, raw-material shortage, utility or internet outage, cyberattack, or government action. Performance is suspended for the duration of the event, and timelines are equitably extended.

What we collect. When you submit the Site inquiry form, we collect the information you provide (name, company, email, phone, request type, packaging type, SKUs, quantity, project notes). We also receive standard server logs (IP address, user agent, timestamp) for security and abuse prevention.

How we use it. We use submission data solely to respond to your inquiry, prepare quotes, schedule production, fulfill orders, and meet legal and accounting obligations. We do not sell your information.

Where it is stored. Inquiry data is stored in Google Cloud Firestore (United States). Email notifications are routed through Google Workspace. Both are subject to Google’s security controls.

Retention. We retain inquiry and order records for the period required for tax, audit, and warranty purposes, typically seven (7) years.

Your choices. To request access, correction, or deletion of personal information you have provided, contact info@microflexfilm.com.

The Site uses only the cookies strictly necessary for the Site to function. We do not currently run third-party advertising trackers. If we add analytics or marketing cookies in the future, we will update this section and, where required, present a consent banner before any non-essential cookies are set.

The Site is intended for business users and is not directed to children under the age of thirteen (13). We do not knowingly collect personal information from children. If you believe a child has submitted information to us, contact us and we will delete it.

California residents may have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, the right to delete, the right to correct, and the right to non-discrimination for exercising those rights. To exercise any of these rights, contact info@microflexfilm.com. We do not sell or share personal information for cross-context behavioral advertising as those terms are defined under California law.

These Terms, and any order, quote, or relationship arising from them, are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The exclusive venue for any action permitted to be filed in court is the state and federal courts located in Riverside County, California, and the parties consent to personal jurisdiction there.

Before filing any action, the parties will attempt in good faith to resolve the dispute by direct discussion at the senior-management level for at least thirty (30) days. If unresolved, the parties may proceed to court as set forth in Section 17, or, if both parties agree in writing, submit the dispute to binding arbitration administered by JAMS in Riverside, California under its commercial rules. Each party waives any right to a jury trial and to participate in any class action.

Microflex may update these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent revision. Material changes apply prospectively to new orders placed after the effective date. Continued use of the Site after an update means you accept the revised Terms.

Questions about these Terms, your account, an order, or a privacy request should be directed to:

Microflex Film Corporation
4130 Garner Rd.
Riverside, CA 92501
info@microflexfilm.com
909.360.9066