By placing an order with Image XS, you agree to be bound by the following terms and conditions. By registering online and by placing any orders thereafter you agree to accept all terms and conditions of this agreement and create a legally binding contract with Image XS for printing services and will be responsible for payment in full as outlined in this agreement. If you do not agree to these Terms and Conditions, do not use any portion of this site.
Quotes and Estimates
Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed.
Payment Terms
All orders must be prepaid due to the speed of our turnaround. If Image XS print on terms or extend credit, the merchandise is the property of Image XS until it is fully paid and Image XS retains the right to communicate with any parties for payment until full payment is received. I authorize to have my credit card transacted to prepay for the orders that I have placed through the www.image-xs.ca website.
In the case of disputes or chargebacks, the client will be responsible for any fees charged to Image XS by the Merchant Services Processing Company to process the disputes in question.
Refunds
Since each job is custom created for its owner, it cannot be reused or resold. After production has commenced, ALL SALES ARE FINAL. Customer must notify Image XS within 7 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive a replacement, the customer must return 100% of the received product within 15 days (at their own expense) from the time when the delivery was received. All new charges related to expediting printing (Rush Printing or Shipping) are NON-REFUNDABLE, including those orders that are returned for any reason.
Right To Refuse
Image XS reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. We are not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to Image XS for printing and/or publication.
Accuracy of Quotes
Quotations are based on the accuracy of the specifications provided. Image XS can requote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with Image XS are to the client knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
Alterations and/or Corrections
You may not change artwork after it has been submitted. If you need to make changes to your order you must call and cancel the order placed and resubmit the proper artwork by placing a new order.
Liability
Image XS liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. Image XS warrants that every product manufactured by it meets industry standard for such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. Image XS makes no other warranty and no actions or words of Image XS communications, or its officers, employees or agents shall constitute a warranty.
Electronic Manuscripts Images
It is the client responsibility to maintain a copy of the original computer files, artwork, and transparencies. Image XS is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until Image XS can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. Image XS does not archive your work for longer than it takes to produce the final product. Please save your work.
Indemnification
The customer represents that it has the legal right to produce all printed materials ordered from Image XS communications. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against Image XS based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by Image XS ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold Image XS harmless from and against any loss, damages, cost and expense arising from orrelated to the Claim including without limitation; (1.) defending Image XS against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing Image XS for any legal fees and expenses it reasonably incurs in responding.
Overruns and Underruns
Image XS will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. This extra amount is normally to compensate for the industry standard variable consistency in cuts or colors. The generally accepted trade practice is plus or minus 10%. In the event of an underrun exceeding 10%, Image XS will bill for the actual quantity delivered.
Workmanship Guarantee
We guarantee all orders to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the order or issue the customer a refund at our discretion.
Inkjet Proofs
Inkjet and laser prints are known to look substantially different than offset printing. We offer quick turnaround and low prices by printing to a “pleasing color” standard, using standard ink densities. There is no guarantee that your finished piece will match your printer output. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs. No refunds or credits will be given for a printed order which does not match your inkjet proof.
Disputes and Venue
For legal purposes, the venue for any dispute shall be Montreal, Quebec Canada.
Shipping and Delivery
Customers may pick-up their order at the Image XS office during business hours. Charges for delivery/shipping of printing and supplies from Image XS are not included in quotations unless specified. Because shipping carriers are beyond our control, Image XS is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point.
In situations where the client has incorrectly entered the shipping address or changed the original delivery address, the client will be responsible to pay the supplemental charges charged by the various courier services at cost plus 5% plus a 5$ administrative fee. (Please note that these fees apply at a per box rate; 5 boxes shipped= 5 separate fees)Standard UPS shipments are insured for $100. We will insure boxes for a higher amount at customers discretion and expense. We are Not responsible for delays or damage incurred after your shipment has left our plant. F.O.B.: Montreal, Quebec Canada Claims
Claims for defects, damages, or shortages must be made by the client in writing no later than 5 calendar days after delivery. If no such claim is made, Image XS and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that Image XS performance has fully satisfied all terms, conditions, and specifications.
Changes To Our Policy
Image XS may change, modify, add, or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise. This policy was last changed on May 1, 2021.