Cardworks NA ships worldwide and offers numerous different shipping methods to meet your needs. We carefully package every order that departs our facility before shipping. We use our own custom designed shipping cartons to protect your order from damage during transit. Shipping and handling charges are itemized on your invoice if quoted as part of your order and all orders can be tracked via our carriers’ websites with the tracking information that will be provided to you.
We'll strive to ensure your product arrives in a timely manner. However, delivery dates are not guaranteed and depend on the carriers. Cardworks NA is not responsible for damages that occur during shipping unless they are deemed to be the fault of defective packaging. If you are unhappy with any product you receive from Cardworks NA, please contact us before making any returns. A proper RMA (Return Materials Authorization) will be required otherwise the cost of returning the product will not fall to Cardworks NA.
All received orders are subject to credit approval. The customer shall be liable for Cardworks NA's cost of collection, including reasonable legal fees incurred to recover any overdue payments. Past due amounts may be charged interest at 2.0% per month. Past due amounts are defined as those unpaid past the terms of the invoice.
Cardworks NA will provide the customer with digital proofs and customer shall return a signed off proofs indicating any and all changes required. Cardworks NA shall not proceed without receipt of this signed off/approved proof. PLEASE READ YOUR PROOF CAREFULLY.
Quotations are considered valid for a period of thirty (30) days unless cancelled by Cardworks NA prior to acceptance by the customer. This quotation may be accepted by customer only by returning to Cardworks NA a signed copy of the proof provided, dated and executed by an authorized representative of customer, and acceptance shall not be deemed complete unless received by Cardworks NA. This agreement may only be altered or changed in any way in writing, signed off by both parties.
All taxes and customs duty charges (if applicable) will be invoiced to the customer and are the responsibility of the customer. No tax exemption can be granted unless the customer can provide official proof of exemption along with their purchase order. All deliveries will be made FOB Cardworks NA's shipping dock and responsibility of loss or damages shall pass to the customer at this time. All transportation charges (including insurance) incurred by Cardworks NA on the customer's behalf will be invoiced and paid in addition to charges for the work; in such case, Cardworks NA assumes no responsibility for the actions or failures of any reputable shipper, common carrier chosen by Cardworks NA.
Production delays caused by or resulting from any failure of the customer to return a signed proof, deposit payment, or required customer materials to Cardworks NA, shall not be the responsibility of Cardworks NA. Cardworks NA shall not be liable to the customer for any delay resulting from the aforementioned production delays nor shall Cardworks NA be liable for any delay caused by or resulting from any act of God, labour strike, materials shortages, energy shortages, supplies shortages, accident, trade embargo, governmental regulations, or any delay or breach of contract by carriers, suppliers or other contractors with whom Cardworks NA has contracted for the furnishing of labour, materials, supplies, energy or transportation, or by reason of any other caused beyond the reasonable control of Cardworks NA. Delays resulting from any such cause or event are excused. Cardworks NA shall not be liable to customer for damages resulting from any delay thus caused.
All claims for defective or damaged goods or for shortages must be made by the customer in writing, fully describing the nature of the defect, damage, or shortage, and shall be accompanied by samples demonstrating the defect or damage, and be received by Cardworks NA within fifteen (15) days after receipt of goods by the customer. The customer's failure to do so shall be considered an acceptance of the goods and a waiver of any defect, damage, or shortage. The customer must make any claim for damages that occur in transit directly against the carrier. Returned goods become property of Cardworks NA and may be used as samples for the purposes of sales demonstrations.
Differences in plastics, inks, equipment, and other conditions between the proofing and press room operations, a reasonable variation in color between color proofs and the completed job and normal manufacturing variances within tolerances that are established by printing trade customs may exist and shall be considered in conformity with the warranty offered by Cardworks NA.
Cardworks NA warrants that the work will be performed according to the terms of this agreement and standards acceptable in the printing industry. Cardworks NA shall not be responsible for any errors, omissions, or extra costs resulting from customer's proofing or faults in any electronic transmission. Customers are advised to confirm with Cardworks NA that all electronic data arrived intact and files were not altered by changes in software between the parties. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
Customer's sole and exclusive remedy for Cardworks NA negligence or other tort, breach of warranty or contract, or any other claim arising out of or connected with the agreement shall be the return of the selling price allocable to that portion of the work that is nonconforming or, at Cardworks NA option, printing of a correction in subsequent work, if applicable. IN NO EVENT SHALL CARDWORKS NA BE LIABLE FOR ANY SPECIAL, CONTINGENT, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER FOR BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY.
Customer represents and warrants that they have the explicit right to all artwork, or content and have the authority to have Cardworks NA print the artwork or content. Customer further represents and warrants and that the content of the information supplied by customer to Cardworks NA and Cardworks NA's use and printing of such information shall not infringe or violate any intellectual property or proprietary right of any person or entity. Customer further represents and warrants that the content of the information supplied by customer to Cardworks NA shall be not defamatory as to any person or entity.
Customer agrees to defend, indemnify and hold harmless Cardworks NA and its affiliates, and their respective directors, officers, employees and representatives from any and all liabilities, losses, damages, costs, and expenses (including reasonable fees and costs of attorneys) directly or indirectly arising out of or in any way related to customer's obligations, representations and warranties under this Agreement.
Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
The Site allows you to post offers, sell, advertise, bid and shop on-line. However, you are prohibited to do the following acts, to with: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users' personal information; (d) manoeuvring the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libellous content; (g) take any action that may damage the rating system.
This Agreement will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by following the instructions on the "TERMINATION OF ACCOUNT" in the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavours or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Cardworks North America Inc. and should not use the site for any purpose.
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyper-link to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Cardworks North America Inc.. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of Cardworks North America Inc. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Toronto, Ontario, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual province, state or country of residence.
THE TERMS AND CONDITIONS SET FORTH HEREIN SUPERSEDE ALL OTHER PROPOSALS, ORAL OR WRITTEN, AND ALL PREVIOUS NEGOTIATIONS, CONVERSATIONS, OR DISCUSSIONS BETWEEN THE PARTIES TO THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF CARDWORKS NA HAS AUTHORITY TO BIND CARDWORKS NA TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT WHICH IS NOT SET FORTH HEREIN, AND THAT ANY AFFIRMATION, REPRESENTATION OR WARRANTY WHICH IS NOT SET FORTH HEREIN SHALL NOT CONSTITUTE A WARRANTY.