Terms and Conditions

 

What We Do

Neoteric Brands, Inc. manufactures pre-formulated pet treats and produces branded packaging to your specifications. Products are made in an SQF-certified facility in Georgetown, Texas. We provide complimentary design services and may offer general design guidance, but do not provide legal, regulatory, nutritional, or insurance advice.

What You Handle

You are responsible for your own business operations, including but not limited to: branding, labeling, marketing language, product claims, the "Distributed by / Manufactured for" designation, and ensuring that your operations, packaging, and distribution comply with applicable laws. AAFCO (https://www.aafco.org) publishes the model regulations most states follow for pet food labeling, and we encourage you to review them. You are also responsible for any business or product-related insurance appropriate for your operations.

Certain products, including pet treats and other consumables, may require registration in specific states before being sold or distributed. We do not file, manage, or maintain state-level product registrations on your behalf, and you are responsible for any required registrations or regulatory filings for the markets you sell into.

We provide unlimited design edits prior to your final approval. Your written approval finalizes the design and shifts responsibility for the approved content — including product name, ingredient claims, guaranteed analysis, and all other label elements — to you.

Orders, Quantities & Variance

Our minimum order quantity is 150 units per design. Orders are subject to our acceptance. Invoices are due on receipt and must be paid prior to us beginning production. Invoices unpaid after 60 days incur a 5% late fee, with an additional 5% added every 30 days thereafter.

Production yields naturally vary. You acknowledge a quantity variance of +/- 100 units on orders below 1,000 units, and +/- 5% on orders of 1,000 units or more. If production yields fewer units than ordered, we will offer a credit toward a future order. If production yields more units than ordered, you may purchase the surplus but are under no obligation to do so.

Custom packaging is produced with a 5% technical quality tolerance, allowing for minor variations in alignment, artwork, color, and cut on up to 5% of the products.

Orders can be cancelled in writing within 24 hours of execution at no charge if no work has begun. After that, a $750 cancellation fee applies. If documented out-of-pocket costs exceed that fee, you will reimburse the difference.

Product Warranty

We warrant that products will be free from material defects in materials and workmanship at the time of shipment, and that they leave the facility manufactured and packaged in accordance with applicable food safety standards. Risk of loss, spoilage, and other conditions typical of consumable products transfers to you upon delivery or handoff to the carrier.

The burden of proving that a defect existed at shipment rests with you. Any concerns regarding product condition, quality, or conformity must be reported to us within 30 days of delivery. If we confirm a manufacturing defect, the remedy is replacement product or a credit toward a future order, at our option.

Other than the warranty above, we disclaim all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

Shipping & Delivery

Due to the custom nature of our products, we cannot guarantee an exact shipment or arrival date. We typically turn orders around in 6 weeks; for orders over 1,000 units, we can sometimes accommodate an expedited timeline. Once your order is transferred to our shipping partners, the chain of custody is governed by their policies and procedures, and any issues arising during shipping fall under their responsibility. Shipping costs vary based on destination and order quantity. Please report any visible damage to delivered packages within 24 hours of receipt.

Product Recall

You hold sole authority to initiate a voluntary recall of products bearing your branding. Either party will notify the other within 48 hours of becoming aware of any event that could give rise to a recall or safety advisory. We will cooperate by providing batch records, lot-tracing, and retained samples, and will communicate with regulators as appropriate.

Recall costs follow root cause: we bear the cost of replacement product if the recall is caused by a manufacturing defect attributable to us and confirmed through the warranty process above (subject to the liability limit below); you bear the costs if the recall is caused by labeling, claims, post-delivery handling, or any other factor under your control. Shared or undetermined causes are negotiated in good faith. We are not responsible for lost profits, retailer chargebacks, or consequential damages arising from any recall.

Liability Limit

To the maximum extent permitted by law, our total liability under these Terms will not exceed what you paid for the products or services giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption.

You will indemnify Neoteric Brands and its affiliates from any third-party claims arising from your branding, labeling, product claims, marketing, business operations, distribution of products, failure to comply with applicable laws, or breach of these Terms — except where caused by our gross negligence or willful misconduct.

Intellectual Property

Formulas, processes, and packaging structures used to create the products are owned by Neoteric Brands. You may not reverse engineer or replicate any product or formulation, directly or through third parties, without a separate written license. This restriction applies only to copying our formulas; you remain free to work with other manufacturers.

Brand assets you provide to us — including logos, trademarks, and packaging designs — remain your property. We use such assets solely to fulfill your order and for related promotional purposes. By placing an order, you grant us the right to use your logo and brand identity on our website, social media channels, and marketing materials.

Privacy

We take the security of your personal information seriously and use secure payment gateways to process transactions. We do not share your information with third parties except as necessary to fulfill your order.

Other Terms

Either party may terminate this relationship on 30 days' written notice; termination does not affect outstanding orders, payment obligations, or cancellation fees. Each party will keep the other's non-public information confidential. Neither party is liable for delays caused by events beyond reasonable control. This relationship does not create a partnership, joint venture, or agency relationship. These Terms are governed by Texas law, with disputes brought exclusively in Travis County, Texas. By placing an order, you acknowledge and agree to these Terms.

Contact

Questions, concerns, or feedback? Email us at concierge [at] neotericbrands.com.