
Terms & Conditions
Acceptance by Customer
By placing and order for products and services with The Creative Depot, you, the Buyer understand and agree to be legally bound by the terms and conditions outlined below.
Pricing
All prices are quoted in Canadian currency unless otherwise specified. Prices exclude taxes and any additional shipping costs that may incur unless specified in the Quotation. Shipping costs are subject to change at time of shipping. The buyer will be responsible for paying all shipping and handling charges and custom duties and fees, if applicable.
Quotation
Quotes are valid only (30 days) from the date of the quotation. Quotes are based on the cost of production prevailing at the date of quotation, and are subject to variation on or after acceptance of any order to meet any rise or fall in such costs. Quotes are based on the accuracy of the specifications provided and are subject to change if submitted files and actual order do not reflect the initial quoted specifications or information provided. The Creative Depot will exert reasonable effort to notify the buyer of price increase in advance before production starts.
Changes & Additional Charges
The Creative Depot will notify the buyer of any additional charges for time and materials in the event the buyers order is modified during the production process. The Creative Depot may at its discretion propose modifications to the size and/or specifications of the order in efforts to avoid excess waste and/or improve the final product of the order. Unless indicated in the buyers initial quotation, reasons for the additional costs may include but are not limited to the following additional prepress time, changes in artwork, heavy ink coverage, orders that require more ink, longer dry times, additional set ups, press approval times and related material costs and changes in specifications during production.
Payment
All orders must be paid in full prior to production, either by; certified cheque, wire transfer, bank draft or credit card. Cancellations Cancellations will not be accepted after The Creative Depot has issued and sent order confirmation. The Creative Depot reserves the right to charge the buyer for all cost incurred as a result of cancellation
subsequently. avoid excess waste
and/or improve the final product of the order. Unless indicated in the buyers initial quotation, reasons for the additional costs may include but are not limited to the following additional prepress time, changes in artwork, heavy ink coverage, orders that require more ink, longer dry times, additional set ups, press approval times and related material costs and changes in specifications during production.
Proofing, Colour Matching & Print Quality
The Buyer is responsible for providing press ready files upon submitting the order. The buyer must sign off on all final proofs prior to production if applicable. Under no circumstances with The Creative Depot be held responsible for any errors or omissions overlooked with files supplied or during the proofing process. All reasonable efforts shall be made to obtain the best possible colour reproduction on final printed products but variation is inherent in the print process. It is understood as standard industry practice and accepted as reasonable that The Creative Depot does not guarantee an exact match in colour or texture between the final product and the buyer’s photograph, transparency, proof, electronic graphics file, previously printed matter or any materials supplied by the buyer.
Over Runs or Under Runs
The Buyer agrees to accept 10% + / - over/under-runs of ordered quantities. The Creative Depot will bill or credit the Buyer accordingly for any quantities beyond this tolerance limit.
Delivery, Shipping, Courier
Any period or date of delivery of goods or provision of services is intended as an ESTIMATE ONLY and is not a contractual commitment. While The Creative Depot will make every effort to meet its estimated delivery time, under no circumstances will The Creative Depot be held liable for any costs or damages resulting from this delay. The Creative Depot is not responsible for the delivery services in any manner during the shipping process, including but not limited to the following: handling of the order by the courier at the point of pick up, handling of the order during the delivery, additional waiting times by the courier, delays in delivery, and damages as a result of delivery.
Limitation of Liability
The Creative Depot shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of The Creative Depot in respect of any and all causes of action arising out of or in connection with the buyers order and The Creative Depots performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to The Creative Depot by the buyer in respect of the order pursuant to which liability has arisen.
All goods sold are subject to the manufacturer's standard express warranties there being no implied warranties as to merchantability or as to the fitness of the merchandise for any particular use.
All orders and deliveries are subject to availability of materials and/or merchandise from manufacturers. No liability shall accrue against The Creative Depot as a result of any breach of contract resulting from any strike lockout, work stoppage, accident, shipping, act of God, or any other delay beyond The Creative Depot control, including but not limited to discontinuation or unavailability of merchandise, or any other materials. The Creative Depot act's as agent for the Buyer and shall be held harmless by the Buyer for any defects. The Creative Depot agrees to act on Buyer's behalf to correct any defects.
The Creative Depot. shall not be liable for any losses, forfeitures and all other consequential damages whether direct or indirect, and whether or not resulting from or contributed to by the implied default or negligence of The Creative Depot its agents, employees, subcontractors and manufacturers, which might be claimed as the result of the use or failure of the goods or services sold. THERE IS NO FURTHER WARRANTY EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE DESIGN, SALE, MERCHANTABILITY OR USE OF THE GOODS AND/OR SERVICES EXCEPT AS TO TITLE; THE CREATIVE DEPOT LIABILITY ON ITS WARRANTY SHALL IN NO EVENT EXCEED THE COSTS OF THE GOODS.
Buyer and Seller agree that the buyer’s exclusive remedy is for the repair or replacement of any defective part or product. Buyer agrees that no other remedy applies, whether for incidental or consequential loss, injury or other loss.
Indemnification the Buyer
The Buyer agrees to indemnify and hold The Creative Depot harmless from all actions, claims or demands of any person, firm or corporation arising out of or in any violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks or graphical work supplied by the Buyer.
The Buyer agrees to indemnify and hold The Creative Depot harmless from all actions, claims or demands of any person, firm or corporation arising out of or in any violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks or graphical work supplied by the Buyer.
Governing Law and Jurisdiction
The above terms and conditions represent the full statement between BUYER and The Creative Depot. Any amendments to these terms must be in writing and signed by an officer of The Creative Depot.