Terms of service

GENERALIZED AGREEMENT – TERMS OF SALE & SERVICE

YOUR WAY MANUFACTURING, LLC D.B.A. PROMOTIONAL BEVERAGES

By accessing this website or purchasing any product or service from YOUR WAY MANUFACTURING, LLC D.B.A. Promotional Beverages (“Company,” “we,” “us”), you (“Buyer”) agree to be bound by these Terms of Sale & Service (“Terms”). These Terms govern all custom manufacturing, sales, and fulfillment of beverage products.

ALL SALES ARE FINAL. CUSTOM MANUFACTURED FOOD AND BEVERAGE PRODUCTS ARE NON-RETURNABLE.

Orders pending label approval or otherwise unresolved for more than sixty (60) days may be deemed abandoned and destroyed without refund.

1. ELIGIBILITY & LAWFUL USE

Buyer represents that they are of legal age and authorized to enter into this agreement. Products may not be used, sold, or distributed in violation of any applicable laws or regulations.

2. INTELLECTUAL PROPERTY & USER-PROVIDED MATERIALS

Buyer represents and guarantees that any artwork, labels, brand elements, text, or imagery provided or uploaded are owned by Buyer or used with proper authorization. Buyer assumes full responsibility for any third-party intellectual property claims arising from such materials.

Buyer grants Company a non-exclusive right to use submitted materials for operational, marketing, or promotional purposes unless otherwise agreed in writing.

3. PRODUCTS, PRICING & MODIFICATIONS

All products are custom manufactured. Pricing, specifications, and availability are subject to change prior to production. Visual representations are illustrative only.

Company reserves the right to refuse or cancel orders at its discretion.

4. PRODUCTION VARIANCE, OVERRUNS, UNDERRUNS & WASTE

Buyer acknowledges that beverage manufacturing inherently involves startup loss, shutdown loss, quality testing, calibration, packaging alignment, and handling waste.

Accordingly:

  • Finished quantities may vary from ordered quantities

  • Reasonable overages or shortages are industry-standard

  • Some product loss or destruction may occur

Unless expressly agreed in writing, production variances within normal industry tolerances do not constitute a defect, breach, or grounds for refund, replacement, or chargeback. Company makes commercially reasonable efforts to minimize waste, but Buyer accepts that some loss is unavoidable.

5. CONTAINER DEPOSIT, CRV & RECYCLING COMPLIANCE (ALL JURISDICTIONS)

Certain states and jurisdictions impose beverage container deposit, recycling, or redemption requirements, including California Redemption Value (“CRV”) and similar bottle-bill or deposit programs.

Buyer Responsibility:
Buyer, or the entity that ultimately sells or distributes the product to the end consumer, is solely responsible for:

  • Determining applicability of container deposit or recycling laws

  • Registration, reporting, collection, labeling, and remittance

  • Compliance in all applicable jurisdictions

Unless expressly agreed in writing, Company does not assume container deposit compliance responsibilities in any jurisdiction.

Buyer agrees to indemnify and hold harmless Company from any penalties, fees, or enforcement actions arising from non-compliance.

6. SHIPPING, DELIVERY & RISK OF LOSS

Delivery dates are estimates only. Once products are tendered to a third-party carrier, title and risk of loss transfer to Buyer.

Company is not responsible for loss, theft, delay, or damage caused by carriers. Buyer is responsible for inspection, documentation, and carrier claims.

Palletized freight shipping is strongly recommended for larger orders, as it significantly reduces handling and damage risk. Buyers who elect non-palletized or parcel shipping acknowledge the increased risk inherent in such methods.

Company will reasonably cooperate with carrier documentation requests but assumes no financial liability for transit-related issues.

7. BILLING, PAYMENT & CHARGEBACKS

Buyer agrees to provide accurate billing information and authorizes Company to charge approved payment methods.

Chargebacks & Payment Disputes:
Buyer agrees not to initiate chargebacks or payment disputes for:

  • Custom manufactured products

  • Production variances within normal tolerances

  • Carrier-caused damage or delays

  • Regulatory, deposit, or resale compliance issues

Improper chargebacks constitute a material breach. Company reserves the right to recover disputed amounts, administrative fees, collection costs, and legal expenses.

8. NO RETURNS / NO REFUNDS

Due to the custom nature of food and beverage manufacturing, all sales are final. No returns, refunds, or exchanges are permitted unless expressly agreed in writing.

9. DISCLAIMER OF WARRANTIES

All products and services are provided “as is” and “as available.” Company disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Company shall not be liable for indirect, incidental, consequential, or punitive damages, including lost profits or resale losses. Liability, if any, shall not exceed the amount paid for the affected order.

11. INDEMNIFICATION

Buyer agrees to indemnify, defend, and hold harmless Company from any claims, damages, fines, or expenses arising from Buyer’s products, artwork, labeling, resale, regulatory compliance, or breach of these Terms.

12. FORCE MAJEURE

Company shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, labor issues, pandemics, material shortages, carrier disruptions, or governmental actions. Such delays do not constitute grounds for cancellation or refund.

13. TERMINATION

Company may suspend or terminate services for breach of these Terms. Obligations incurred prior to termination survive.

14. GOVERNING LAW

These Terms are governed by the laws of the United States, without regard to conflict-of-law principles.

15. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersede all prior communications. No waiver or modification is valid unless in writing.

16. CHANGES TO TERMS

Company may update these Terms at any time. Continued use constitutes acceptance.

17. CONTACT

Questions regarding these Terms may be submitted through the Company contact page.