Limitation of Liability

Effective Date: January 1, 2025

1. General Disclaimer of Warranties

Unless explicitly stated in writing in a specific purchase agreement, all products and services provided by Cup Source are supplied on an "as is" and "as available" basis. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our products will meet all regulatory requirements in every jurisdiction, and customers are responsible for verifying local compliance standards.

2. Limitation of Direct Liability

To the maximum extent permitted by applicable law, Cup Source's total aggregate liability for any claims arising out of or related to this policy, our products, or our services shall not exceed the total purchase price paid by the customer for the specific product(s) at issue. This limitation applies regardless of the legal theory upon which the claim is brought, including breach of contract, negligence, strict liability, or other tort.

3. Exclusion of Consequential & Indirect Damages

In no event shall Cup Source be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to:

• Loss of profits, revenue, or anticipated savings;
• Business interruption, loss of data, or damage to equipment;
• Costs of procurement of substitute goods or services;
• Claims brought by your customers, end-users, or third parties;
• Any damages resulting from improper storage, handling, or use of our products after delivery.

This exclusion applies even if Cup Source has been advised of the possibility of such damages.

4. Third-Party Logistics & Fulfillment

Cup Source may utilize third-party carriers, warehouses, and fulfillment partners to process and deliver orders. We are not liable for delays, damages, or losses incurred during transit that are attributable to third-party service providers. Customers are encouraged to purchase shipping insurance where available. Cup Source will assist in filing claims with carriers but assumes no financial responsibility for transit-related issues.

5. Force Majeure

Cup Source shall not be held liable for any failure or delay in performance of its obligations (except for payment obligations) resulting from causes beyond its reasonable control, including but not limited to: acts of God, war, terrorism, civil unrest, pandemics, government actions, labor disputes, material shortages, utility outages, or disruptions in global supply chains. We will notify affected customers promptly and use commercially reasonable efforts to resume performance as soon as practicable.

6. Customer Responsibilities

Customers are solely responsible for:

• Ensuring products are used in compliance with all applicable local, state, and federal food safety and packaging regulations;
• Proper storage, handling, and display of products to maintain quality and safety standards;
• Providing accurate order specifications, shipping addresses, and custom artwork files;
• Reviewing delivered goods promptly and reporting any defects or discrepancies within five (5) business days of delivery.

7. Modification & Updates

Cup Source reserves the right to modify, update, or replace this Limitation of Liability policy at any time without prior notice. Changes will be effective immediately upon posting to our website. Continued use of our products or services following the posting of updated terms constitutes acceptance of those changes.

8. Governing Law & Severability

This policy shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to conflict of law principles. If any provision of this policy is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.