Terms of service
Terms for our screening services
1. Who these terms apply to
These terms apply to all quotes, orders and services sold under the name Westbound via westboundexport.com. The service provider (“we”) is the party named on your quote and invoice. The customer (“you”) is the business that orders the service. We only sell to businesses.
2. What the service is
We carry out a technical screening of the products and documents you send us. We compare ingredients, colours and, where your package includes it, label content against published US federal rules as they read on the date of our report. You receive a written report with our findings for each product. The service is the same for every range size.
The report says whether we consider each product fit for the US market (clear, relabel or exclude). A verdict is our professional assessment based on the information provided. It is not an approval, and not a guarantee of how FDA or any other authority will treat the product.
3. What the service is not
- It is not legal advice or a legal opinion.
- It is not a certification, approval or clearance. FDA does not pre-approve food products or labels.
- We do not test products in a laboratory. We rely on the documents provided.
- We do not contact your suppliers or manufacturers. We work only from the documents you send.
- We do not write or approve your labels. Any label changes are yours to make and approve.
- We do not act as your importer, US agent, customs broker or FSVP importer, and we do not file anything with FDA or US Customs for you.
4. The information you give us
Our findings are based only on the information you and your suppliers provide. You are responsible for making sure it is correct, complete and up to date. We do not check that physical products match their documents. If the information is wrong or incomplete, our findings may be wrong too.
5. Your responsibility
You, your manufacturer and your importer remain fully responsible for your products, recipes, labels, registrations, prior notice, FSVP and compliance with all applicable laws. Decisions to import, relabel, reformulate or ship are yours alone.
6. No guarantee
We do not guarantee that any product or shipment will be admitted into the United States, or that it will not be held, detained, sampled or refused. We do not guarantee that FDA, US Customs or any other authority will agree with our findings. Rules and enforcement change over time. Our report reflects the rules on the date it was issued, and we do not update it unless agreed in writing.
7. Limitation of liability
Our total liability for any claim connected with a service is limited to the fee you paid for that service.
We are not liable for indirect or consequential loss. This includes storage, demurrage, transport, relabelling, reconditioning, destruction or return of goods, lost or unsellable goods, lost shelf life, lost profit or sales, fines, legal costs and claims from third parties.
Nothing in these terms limits liability that cannot be limited by law.
8. Errors in a report
If you believe our report contains an error, tell us in writing within 30 days of receiving it. If we agree, we correct the report at no extra cost. This is your main remedy.
9. Fees and payment
Fees are charged per product, at the rate for your range size, and the total is set out in your quote. A minimum of 5 products applies. Prices exclude VAT where applicable. Payment terms are stated on the invoice.
10. Confidentiality and personal data
We keep your documents and our reports confidential and use them only to carry out the service. We use the contact details you send us to reply to you and to deliver the service.
11. Governing law
These terms are governed by Swedish law. Disputes are settled by the Swedish courts.
12. Changes to these terms
We may update these terms. The version that applies to your order is the one published on the date of your quote.
Questions? Email hello@westboundexport.com.