Sale Terms and Conditions
TL;DR (the “too long; didn’t read” summary):
We have an overs/unders policy. It’s standard in the packaging industry. It means that within +/-10%, you agree to take (and pay for) the quantity of product manufactured. So if you order 100 boxes and we make 90, we only charge you for 90. If we make 110, same deal
It’s your responsibility to make sure artwork files & colour/finish choices are what you want
Inventory has to be shipped and paid for within 6 months
There’s a 2% monthly interest charge on late payments
After an order has gone into production, it can’t be cancelled; no returns
GENERAL CONDITIONS OF SALE
These Terms shall apply to all orders for products placed by you through this website. You acknowledge that the information contained on Company’s website may contain technical inaccuracies or typographical errors. Company’s website, all content available on its website, and all related communications are provided on an "AS IS" basis. Company makes no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information on Company’s website.
To place an order, you must:
provide up-to-date, complete and accurate information as requested by Company, which may include your first and last name, institution name, mailing address, phone number and email address;
provide up-to-date, complete and accurate payment information reasonably acceptable to Company and/or Company’s payment processor; and
be at all times in compliance with these Terms and applicable law, including the requirement to be 18 years of age or older.
You specifically agree that Company may use the foregoing information for the purposes of providing products to you, that Company may rely on the accuracy of the information provided by you to Company, and that Company will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Company.
PRICING AND PAYMENT
All prices are in Canadian or US dollars, as specified. Company reserves the right to change its standard prices without notice. All products ordered from this website shall be subject to the pricing, payment schedules, deposit amounts, refund terms, cancellation terms and fees, storage fees, shipping terms and fees, and all other similar product specific terms described on this website or as otherwise notified to you by Company.
Prices are exclusive of, and you will pay: (a) all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided Company with an appropriate tax exemption certificate or number, and (b) all fees and charges related to customs, duties and brokerage.
If you fail to pay any amount due within ten (10) days of such payment becoming due and payable, in addition to any other rights and remedies available to Company, Company shall be entitled to charge interest on all outstanding amounts at the lesser of 2% per month or the maximum rate permitted by law, such interest commencing as of the due date for such payment.
You do not obtain title and/or any right of possession to the products ordered until you have paid all amounts due for such products.
ORDERS, SPECIFICATIONS AND APPROVALS
All orders are subject to acceptance by Company, and shall consist of the specifications and approved proofs described in Section 2.2. By placing an order with Company, you are giving Company authority to sign off on the accuracy, colour, and print quality of the specific products ordered by you at the factory of Company’s supplier, and Company will do so based on the agreed-upon specifications and subject to these Terms. In the event that you wish to be present at the factory of Company’s supplier in order to sign off on the products yourself, you acknowledge that permission for your presence is at the sole discretion of Company’s supplier, will be subject to Company’s supplier’s facility policies, and may be withheld by Company’s supplier for any or no reason.
The specifications for the products will consist of the specifications for the product that Company provides to you on this website, as well as any artwork and designs mutually agreed upon by you and Company. Company will provide you with proofs of such artwork and designs for your approval. Any PDF and physical (printed) proofs are not to be used for colour comparison, only layout. Upon your written approval of such proofs (which may be obtained by e-mail), the product is put into the production queue, and the order is deemed to be finalized.
Colours of approved artwork and designs are matched to Pantone book (within standard industry tolerance) and subject to alteration based on the substrate (type of board) used and any coatings applied, as both can modify colours. Full-colour (CMYK) prints will be judged and press approved by eye and matched as closely as possible to high-resolution proofer printouts. Company does not take responsibility for any errors in artwork or designs (including images that are not high enough resolution, typos, etc) that were approved by you as described in Section 2.2. Substrate used for physical proofs is not indicative of board type and finish to be used in manufacturing.
DELIVERY, SHIPPING AND OVER/UNDER QUANTITIES
Company will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. Company shall therefore not be liable in any way for any delay or damage arising from Company’s failure to meet your delivery requirements or any delivery dates.
Unless otherwise expressly agreed upon in writing between you and Company, all shipments shall be made FCA Company’s supplier’s facilities (Incoterms 2000).
You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify Company immediately. Please check the order carefully, as no claim for shortages or deficiencies will be accepted by Company after five (5) days from delivery of the products.
You acknowledge that, due to the manufacturing process, Company’s supplier may produce quantities of product that differ from the actual quantities in an accepted order. You agree that Company’s obligations will be deemed fulfilled, and you will accept, product amounts that are within plus/minus ten percent (10%) of the amount specified in your order (or within such other percentage tolerance specified in the quotation).
RETURNS AND CHANGES
As products are provided in accordance with your specifications and the accepted order, neither Company nor its suppliers will accept any return of the products.
You shall not be entitled to change or cancel any order that has previously been accepted by Company without the prior written agreement of Company, which may be withheld in Company’s sole discretion. You acknowledge that any changes to which Company consents may be subject to additional charges, and may require an extension of the delivery date. All changes must be expressly agreed upon between you and Company in writing.
Company warrants that, for a period of thirty (30) days from the date that the products are delivered to you: (a) the products will comply with the agreed-upon specifications for such products as set forth on this website, and (b) the products will be free from material defects in material and workmanship. If you notify Company of any such material defects or non-conformance within such thirty (30) day period together with reasonable proof thereof, Company will replace the products. If Company is unable to replace such products within a reasonable timeframe (taking into account Company supplier timelines), Company will refund you the amounts paid for such defective or non-conforming products. The foregoing warranty shall not apply to defects or non-conformities resulting from: (a) your use of the product, (b) any modification or alteration of the products by anyone other than Company, (c) normal wear and tear, (d) external causes, or (e) your breach of these Terms.
THE WARRANTY SET FORTH IN THIS SECTION 5 IS THE EXCLUSIVE WARRANTY MADE BY COMPANY TO YOU. COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY OR CONDITION ARISING BY STATUTE, CUSTOM OR USAGE OF TRADE RELATED TO THE PRODUCTS PROVIDED HEREUNDER. Some jurisdictions may not allow the exclusion or limitation of implied warranties and conditions. To the extent permitted by law, any implied warranties or conditions relating to the products to the extent that they cannot be excluded as set out above are limited to thirty (30) days from the date that the products are delivered to you.
LIMITATIONS OF LIABILITY
In no event will Company be liable under these Terms for any damages other than your direct damages to the extent arising from Company’s gross negligence or willful misconduct, and in no event shall Company’s aggregate liability exceed the amounts paid by you to Company for the products that gave rise to the claim. No claim may be brought against Company, whether in contract, tort or otherwise, more than two years after the products were delivered.
EXCEPT AS EXPRESSLY SPECIFIED IN THIS SECTION 6, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, DATA, USE OR OPPORTUNITY, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms constitutes the entire agreement between the parties and supersedes all previous agreements relating to the subject matter hereof. These Terms may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties. If any one or more of the provisions of these Terms is for any reason held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms. No waiver by either party of a breach or omission by the other party under these Terms shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party. These Terms shall be governed by, and construed in accordance with, the laws of the Province of Ontario. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms or to the sale of the Product to you. It is the express will of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
If you have any questions or inquiries regarding these Terms, please contact Company at email@example.com. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.