Terms and Conditions

1. Eligibility and Nature of Business

The Site and the services described on it are directed to businesses, brand owners, retailers, distributors, and other commercial entities seeking private label and white label supplement manufacturing, packaging, wholesale, and related services, as well as to individuals purchasing available products through the Site’s online store.

By using the Site, you represent that you are at least 18 years of age and, where you are acting on behalf of a company or other entity, that you have the authority to bind that entity to these Terms.

2. Quotes, Orders, and Online Purchases

2.1 Requests for Quote

Submitting a request through “Request a Quote” or a similar form is an inquiry only. It does not create a binding order, contract, or reservation of production capacity. Pricing, lead times, and minimum order quantities referenced on the Site are estimates and are subject to change until confirmed in a written quotation or order confirmation issued by EMA Nutrition.

2.2 Online Checkout

Where the Site offers products for purchase directly through an online checkout, placing an order constitutes an offer by you to purchase the listed product(s) subject to these Terms. A contract of sale is formed only when we accept your order, which we may do by sending an order confirmation, shipping confirmation, or by charging your payment method. We may decline or cancel any order, including after payment has been submitted, for reasons including but not limited to product unavailability, pricing errors, suspected fraud, or failure to meet minimum order requirements, in which case we will refund any amount already charged.

2.3 Custom and Private Label Orders

Orders involving custom formulation, private label production, or packaging customization are governed by the written quotation, purchase order, and/or manufacturing agreement applicable to that order. Where such a document conflicts with these Terms, the specific quotation or agreement controls with respect to that order.

3. Pricing and Payment

• All prices are listed in U.S. dollars unless otherwise stated and exclude applicable taxes, duties, and shipping charges unless expressly indicated.
• We reserve the right to correct pricing errors on the Site at any time, even after an order has been submitted, and to cancel any order affected by a pricing error.
• For custom, private label, and bulk/wholesale orders, payment terms (including deposits, milestone payments, and balances due before shipment) will be set out in the applicable quotation or invoice.
• You are responsible for providing accurate billing and payment information and for all charges incurred under your account.

4. Minimum Order Quantities, Lead Times, and Samples

Minimum order quantities, production lead times, and sample availability vary by product, format, and packaging selection and are confirmed in writing on a per-project basis. Any timeframes referenced on the Site (including production, launch, or shipping timeframes) are estimates only and are not guaranteed delivery dates unless expressly confirmed in writing.

Where sample review is part of the production process, you are responsible for reviewing and approving samples (including flavor, texture, color, and labeling) within the timeframe specified in your quotation. Approval of a sample constitutes approval of the corresponding specification for full production, and we are not responsible for variances from an unapproved or informally communicated specification.

5. Shipping, Delivery, Returns, and Cancellations

Shipping methods, delivery timeframes, return eligibility, and cancellation terms are set out in our Shipping & Returns policy, available on the Site, which forms part of these Terms. Because many products are manufactured or packaged to customer specification, custom and private label orders are generally non-cancellable and non-refundable once production has commenced, except as otherwise stated in your quotation or required by law.

Risk of loss and title for products pass to you upon delivery to the carrier, unless otherwise agreed in writing. You are responsible for inspecting shipments upon receipt and notifying us of any damage, shortage, or discrepancy within the timeframe stated in our Shipping & Returns policy.

6. Product Information and Regulatory Disclaimers

EMA Nutrition manufactures and/or packages dietary supplement products to specifications provided or approved by the Customer. Statements regarding our products and formats on the Site have not been evaluated by the U.S. Food and Drug Administration. Products manufactured by EMA Nutrition are not intended to diagnose, treat, cure, or prevent any disease.

As between EMA Nutrition and the Customer, the Customer is solely responsible for: (a) ensuring that its product labeling, marketing claims, and packaging comply with applicable laws and regulations, including FDA, FTC, and applicable state and international requirements; (b) obtaining any regulatory approvals, registrations, or certifications required in the markets where its products are sold; and (c) the accuracy of any formula, ingredient, or specification information it supplies to us. We provide manufacturing documentation such as Certificates of Analysis on request, but we do not provide legal or regulatory advice, and provision of such documentation does not constitute a warranty of regulatory compliance for any particular jurisdiction or use.

Certificates of Analysis, GMP certifications, and related documentation reflect the batch or facility to which they apply as of the date issued and are provided for the Customer’s own compliance and quality purposes.

7. Intellectual Property

The Site, including its text, graphics, logos, images, product descriptions, and underlying code, is owned by EMA Nutrition or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Site without our prior written consent, except as necessary to place an order or request a quote.

Formulas, processes, and know-how developed or used by EMA Nutrition in the course of manufacturing remain our property unless otherwise agreed in writing, except where a formula is expressly designated as exclusive or proprietary to the Customer under a private label agreement. Trademarks, brand names, and artwork supplied by the Customer for use on packaging remain the property of the Customer, and the Customer grants EMA Nutrition a limited license to use such materials solely to fulfill the Customer’s order.

8. Confidentiality

Each party agrees to use confidential information disclosed by the other party in connection with a quotation, formulation, or order solely for purposes of that business relationship, and not to disclose it to third parties except as needed to perform the Services or as required by law, regulatory authority, or legal process.

9. User Conduct

You agree not to: (a) use the Site for any unlawful purpose or in violation of these Terms; (b) submit false or misleading information in a quote request, order, or account; (c) attempt to interfere with, disrupt, or gain unauthorized access to the Site or its underlying systems; or (d) use automated means to scrape, extract, or harvest data from the Site without our prior written consent.

10. Third-Party Links and Services

The Site may link to third-party websites or services, including social media platforms and partner service providers, that are not owned or controlled by EMA Nutrition. We are not responsible for the content, policies, or practices of any third-party site, and inclusion of a link does not imply endorsement.

11. Disclaimer of Warranties

Except as expressly set out in a written quotation, purchase order, or manufacturing agreement, the Site and its content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that information on the Site (including pricing, lead times, and minimum order quantities) is complete or current.

12. Limitation of Liability

To the fullest extent permitted by law, EMA Nutrition and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Site or any products or Services, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms, the Site, or any order will not exceed the amount actually paid by you to EMA Nutrition for the specific order giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.

Nothing in these Terms limits liability that cannot be limited or excluded under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless EMA Nutrition and its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) marketing claims, labeling, or use of any product you sell or distribute under your own brand; (c) formula, ingredient, or specification information you supply to us; or (d) your violation of any applicable law or third-party right.

14. Export and Compliance with Laws

If products are shipped internationally, you are responsible for complying with the import laws and regulations of the destination country, including any duties, tariffs, and product registration requirements. We will provide export documentation reasonably required for shipment but do not guarantee that any product is approved for sale in any particular country.

15. Privacy

Our collection and use of personal information in connection with the Site is described in our Privacy Policy, available on the Site.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. The “Effective Date” at the top of this page indicates when these Terms were last revised. Continued use of the Site or placement of an order after changes are posted constitutes acceptance of the updated Terms. Material changes affecting an order already in progress will be handled as set out in the applicable quotation or agreement for that order.

17. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to the Site, the Services, or any order are governed by the laws of the State of New York, without regard to its conflict of laws principles. Subject to any dispute resolution procedure set out in a specific quotation or agreement, you agree that the state and federal courts located in Suffolk County, New York, will have exclusive jurisdiction over any dispute not otherwise resolved between the parties.

18. Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including raw material shortages, supplier delays, labor disputes, natural disasters, acts of government, or other events of force majeure.

19. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision.

20. Entire Agreement

These Terms, together with our Privacy Policy, Shipping & Returns policy, and any written quotation, purchase order, or manufacturing agreement applicable to a specific order, constitute the entire agreement between you and EMA Nutrition regarding your use of the Site and purchase of products and Services, and supersede any prior agreements or understandings on that subject, unless otherwise agreed in writing.

Contact Us

Questions about these Terms can be directed to:

EMA Nutrition LLC
468 Mill Rd, Coram, NY 11727
Phone: (+1) 631 878 6195
Website: emanutritionllc.com