Placing of an order or the acceptance of our quotation shall constitute acceptance of these terms and conditions in their entirety, unless specifically varied in writing by En Masse Media Inc..
2. QUOTATIONS AND ESTIMATES
(a) Unless otherwise agreed to in writing all quotations shall be held firm for 30 days. Quotations are based on the current costs and are subject to amendment following the 30 day period.
(b) When quotations are based on specifications, roughs, layouts, samples, dummies or printed, typewritten or other good copy provided by the client, any extra work or cost caused by any variation by the customer of their original instructions or specifications shall be additionally chargeable.
(c) Upon acceptance by the customer, En Masse Media’s written quotation shall be deemed to have interpreted the customer's instructions correctly.
(d) Sales Tax, when applicable, are extra. All Canadian orders are subject to GST. All British Columbia orders are subject to HST. All USA based clients do not pay taxes.
3. YOUR SUBMISSIONS
Unless otherwise agreed to in writing by En Masse Media Inc. all order processing will begin when the following items are complete:
* Press-ready files are received
* Payment is processed
PDF and/or hard copy proofs can be supplied if requested by the customer. Proofs will be submitted for the customer's approval prior to printing. En Masse Media assumes no liability for any errors missed or not corrected by the customer on proofs.
5. PRINT/DELIVERY SCHEDULE
The delivery schedule comes into effect once a proof is approved. If the client chooses the "no proof required" option, then the delivery schedule comes into effect once the payment is received. The delivery schedule does not include shipping times. It is the customer’s responsibility to factor this into their schedule.
6. OUTSIDE WORK
Where the performance of any contract with the customer requires En Masse Media Inc. to obtain goods or services from a third party, the contract between us and the customer shall incorporate, and shall be subject to, the conditions of supply of such goods and services and the customer shall bear the full cost of such goods or services.
8. SPECIAL PURCHASES
Dies, knives, engravings or other special materials purchased for the execution of the customer's order shall be chargeable, but remain the property of En Masse Media Inc..
9. OVERS & UNDERS
En Masse Media Inc. makes every effort to deliver work in the precise quantity ordered, however, in accordance to industry standards En Masse Media may deliver +/- 10% to the customer and deem the job complete. The customer agrees to make no claim for damages in the event that the quantity delivered is within 10% of the quantity specified. Should the customer require and exact count on the job then this must be communicated to En Masse Media Inc. prior to printing. A credit shall be given for such shortfall and such excess shall not be chargeable to the customer.
10. PRINT QUALITY
All products ordered through the enmassemedia.com site are "gang printed". En Masse Media Inc. reproduces color from digital files as closely as possible, but due to limitations in the proofing and printing process may not exactly match color and density. A reasonable variation in color between original materials, proofs and the completed order will be considered acceptable print quality.
Clients must provide high resolution images (300 dpi) suited to the offset printing process. En Masse Media Inc. is not liable for images printing poorly due to the client providing low resolution images.
Note: Make sure all files are CMYK. Conversion of RGB files to CMYK can result in dramatic color shifts. En Masse Media Inc. is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
In the event of printing errors made by En Masse Media Inc. or its suppliers, you will be entitled to a reprint of the exact same job with the errors corrected and executed on the next available print run.
All claims in respect of work, or the quality or quantity thereof, shall be made in writing within 14 days of receipt by the customer. In the absence of such a claim, the work shall be deemed to have been received, checked and accepted as fully complying with the customer's specifications.
All claims of liability or damages against En Masse Media Inc. shall be limited only to reprinting of the exact same job even if this does not meet with the originally requested completion date. En Masse Media Inc. is not responsible for errors and omissions approved by the Client. Errors missed during the proofing process by the client are the sole responsibility of the client and will not result in a reprint.
Payment must be received before an order is processed unless credit terms have been established and agreed to in writing by En Masse Media Inc..
In the event that a personal or company check is returned for non-sufficient funds, the Client will be required to pay a $25.00 NSF fee to En Masse Media Inc. In the event of non-payments that lead to dispute and/or litigation, the Client agrees to pay all legal and collection fees incurred by En Masse Media Inc.
13. REFUSAL OF SERVICE
We reserve the right to refuse any order at our own discretion (e.g., due to inappropriate or distasteful subject matter.)
14. FILE ERRORS
En Masse Media Inc. will contact the customer when errors are detected in their supplied files. The customer will be alerted to the issue and given the following choices:
* Resubmit a corrected file (this will be treated as a new order). A $15 processing fee will be charged.
* Request an estimate for En Masse Media Inc. to correct the files. This action will require additional payment before the order will proceed.
Partial refunds are available on orders that have begun processing but have not gone to press. A refund will be given for the portion of work that has not yet been completed. A $15 processing fee will be charged in such cases. For orders already on the press, no refunds will be given. To cancel an order, call us at (866) 688-2233. You will need to provide your order number, which can be found in the subject line of the email that you received after placing your order.
En Masse Media Inc. shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.
All images, photographs, trademarks and graphical work contained within the artwork supplied must not infringe upon the copyright of any original artist or owner of such artwork or registered trademark, or that it is used with expressed and unconditional permission of that owner. The client will indemnify and hold harmless En Masse Media Inc. and enmassemedia.com from any loss, expense, and damages arising out of violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied by the Client.
18. FORCE MAJEURE
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregiong causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to En Masse Media Inc. for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against En Masse Media Inc. arising from any circumstance described herein.
19. GENERAL LIEN
In respect of all unpaid debts due from the customer, En Masse Media inc. shall have a general lien on all goods and property in our possession and shall be entitled on the expiration of 14 days (or such other period as we may stipulate) notice to the customer, to dispose of such goods or property as we think fit and to apply the proceeds towards satisfaction of such debts. Such lien shall further extend to all goods produced or supplied by us wheresoever located, for which payment has not been received, and we shall be entitled to enter the customer's premises and repossess such work and dispose of it, applying the proceeds towards satisfaction of the debt, without that such repossession and or disposition shall annul or diminish in any degree the obligation of the customer with respect to remaining unpaid amounts, nor mitigate the rights and recourse of the printer under law for full recovery of said debts and costs of collection thereof.
Notwithstanding that En Masse Media Inc. may agree with respect to any specific transaction, either expressly or by implication, to waive one or more of these terms and conditions, such agreement shall in no way release the customer from the other terms, conditions, obligations or requirements set out herein.
21. STANDING MATERIAL
At En Masse Media Inc.'s discretion, all plates, type, cutting forms and other printing materials used in the production may be broken up and/or destroyed immediately on completion of work unless we are specifically requested in writing to keep it standing. All such matter kept standing shall remain the property of En Masse Media Inc. If matter is kept standing, pursuant to such a request an additional charge may be made for storage, maintenance and any other necessary attention.
22. CUSTOMER'S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER
* Customer's property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer's risk and En Masse Media inc. accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.
* Unless the customer establishes that En Masse Media inc. has been negligent, the risk and cost of all spoilage of customer supplied materials shall be borne by the customer.
* Where the customer supplies materials, they shall supply an adequate quantity to provide for in-production run up and spoilage and En Masse Media inc. shall assume that such materials are supplied in the necessary quantity.
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