Terms of Service
Terms and Conditions
The following terms and conditions apply to all customer quotations and purchase orders accepted by Topknotch Graphics.
Acceptance by Customer
By placing an order for products and services with Topknotch Graphics, you, the Client, understand and agree to be legally bound by the terms and conditions outlined below.
All prices are quoted in Canadian currency unless otherwise specified. Prices exclude taxes and any additional shipping costs that may incur. The Client will be responsible for paying all shipping and handling charges and customs duties or fees, if applicable.
Quotations are valid only (30) days from the date of the quotation. Quotations 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. Quotations are based on the accuracy of the specifications provided and are subject to change if submitted files and actual orders do not reflect the initial quoted specifications or information provided. Topknotch Graphics will exert reasonable effort to notify the Client of a price increase in advance before production starts.
To confirm your acceptance of Topknotch Graphics quotation, you must complete and submit a Purchase Order. All purchase orders are subject to acceptance by Topknotch Graphics, and Topknotch Graphics reserves the right to reject any purchase orders without cause. If your purchase order is accepted, Topknotch Graphics will issue an order confirmation either in writing or via e-mail. It is your responsibility to review and verify the accuracy of your purchase order and ensure it is consistent with your original request for a quotation before submission; otherwise, additional costs may incur.
Changes & Additional Charges
Topknotch Graphics will notify you of any additional charges for time and materials in the event your order is modified during the production process. Topknotch Graphics may at its discretion propose modifications to the size and/or specifications of your order in efforts to avoid excess waste and/or improve the final product of your order. Unless indicated in your initial quotation, reasons for 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.
C.O.D (Cash on Delivery) orders must be paid either by wire transfer, bank draft, certified cheque and/or credit cards in full before release of finished printing product from Topknotch Graphics premises. Topknotch Graphics reserves the right to request a 50% deposit on C.O.D jobs before production. Topknotch Graphics reserves the right to request a 50% deposit on any orders over $1,000 before production. All printed products shall remain the property of Topknotch Graphics until they are paid in full.
Cancellations will not be accepted after Topknotch Graphics has issued and sent order confirmation. Topknotch Graphics reserves the right to charge you for all costs incurred because of a cancellation subsequently.
Complaints, Refunds & Credits
All complaints must be reported to Topknotch Graphics in writing within 5 business days from date of delivery or pick up of finished printing materials from Topknotch Graphics premises. Topknotch Graphics will investigate and respond to the complaint which may or may not result in a refund or credit depending on the findings of the investigation. Refunds and credits are provided at Topknotch Graphics sole discretion and will only be considered if the full order is returned to Topknotch Graphics
within 7 business days after notifying Topknotch Graphics of your complaints as prescribed above. Topknotch Graphics will not be responsible for any shipping costs incurred from returning the order
for further investigation or delivery of the product after complaints have been resolved.
Proofing, Colour Matching, and Print Quality
The Client is responsible for providing press-ready files upon submitting the order. The Client must sign-off on all final proofs before production. Under no circumstances will Topknotch Graphics be held responsible
for any errors or omissions overlooked 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 Topknotch Graphics does not guarantee an exact match in colour or texture between the final printed product and the Client’s photograph, transparency, proof, electronic graphics file, previously printed matter (whether printed by Topknotch Graphics or external subcontracting) or any materials supplied by the Client. All print jobs require at the minimum a digital proof unless requested otherwise by Topknotch Graphics and or the Client for a hard copy Epson proof as well as a press approval.
Press approvals are available upon request. While Topknotch Graphics will try to accommodate customer availability, scheduling cannot be guaranteed. Press approvals are limited to only 20 minutes. Under no
circumstances shall Topknotch Graphics be held liable for any loss incurred as a result of prolonged, delayed or cancelled press approvals, which may or may not result in additional costs charged to the Client. If a
press approval is declined or cancelled, Topknotch Graphics will proceed to print to standard ink densities where applicable.
Over-Runs or Under-Runs
You agree to accept a 5% over-run or 5% under-run of ordered quantities. Topknotch Graphics will bill or credit you accordingly for any quantities beyond this tolerance limit.
Courier, Delivery & Shipping
Any period or date for delivery of goods or provision of services is intended as an estimate only and is not a contractual commitment. While Topknotch Graphics will make every effort to meet its estimated
delivery time, under no circumstances will Topknotch Graphics be held liable for any costs or damages resulting from this delay.
Topknotch Graphics fulfills the order only up until the packaging of the order. Pickups and deliveries will be arranged by the Client’s designated courier. Topknotch Graphics is not responsible for the delivery
services in any manner during this 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 the delivery, and damages because of delivery.
Archival of Customer Work
Topknotch Graphics assumes no responsibility for the archival of customer orders, electronic or otherwise.
Failure to Retrieve Completed Order
Where you fail to collect an order within (45) business days from notification of completion of the order, Topknotch Graphics shall be entitled, at its discretion, to either store the order until actual delivery or collection is made and charge you for the costs (including insurance) of storage, or to destroy the order (provided that you shall
nevertheless, remain liable for payment in respect of the order). Topknotch Graphics assumes no responsibility for any artwork, plates, disks or other input materials that you may provide in connection with an
order (7) business days after completion of an order.
Limitation of Liability
Topknotch Graphics 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 Topknotch Graphics in respect of any and all causes of action arising out of or in connection with the Client’s order and Topknotch Graphics performance of services under 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 Topknotch Graphics by the customer in respect of the order under
which liability has arisen.
You agree to indemnify and hold harmless Topknotch Graphics from any claim, loss, expense, and or damages arising out of the violation of copyright or trademark laws from the illegal use of images, photographs,
slogans, trademarks, or graphical work supplied by you.
Topknotch Graphics shall not be liable for any losses or damages, and shall be excused from any delay or failure in performance hereunder caused by any labour dispute or disturbances, governmental order or
requirements, inability to secure materials, acts of God, casualty, disaster, wars and other civil disturbances, and other circumstances beyond its control including the failure of its supplier(s) and/or subcontractors to perform.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and interpreted by the laws in the Province of Ontario.