The following terms and conditions are binding and shall govern future orders and transactions:
- All payments shall be made to Summit Labels 300-1353 Kebet Way, Port Coquitlam, BC V3C 6G1.
- First-time orders will require prepayment. Accepted payment methods include: e-Transfer, cheque, money order, Visa, MasterCard, EFT or wire transfer. If any cheque is returned for insufficient funds, the customer shall pay a fee of $95, in addition to promptly replacing the cheque with valid payment.
- First time orders over $5,000 will require a 50% deposit. Orders can be subject to additional art or die charges and will be shown on our order acknowledgements. Please note an overage or shortage of 5% may be shipped and invoiced due to production variations that can occur.
- An order acknowledgement will be sent once you have approved your artwork and provided a purchase order. We ask that you thoroughly review the order acknowledgement as it contains important information pertaining to product specifications, lead time, shipping address(es), quantities, and pricing. We do not require a response on your order acknowledgement but ask that you let us know within 24 hours if something needs to be changed. You will have been deemed to have accepted the order acknowledgement after the 24-hour period.
- After credit approval, terms are Net 30 (unless otherwise agreed in writing by Summit), based on INVOICE DATE (not based on date of receipt of invoice). All amounts not timely paid will accrue interest at the rate of 1.5% per month until paid in full.
Our credit terms are based on a combination of a company credit review and consistent monthly re-order history.
- Due to variations in many of our customers’ products and their manufacturing processes, Summit cannot guarantee our labels & packaging will perform in all applications or for all products. We ask that you confirm your packaging specifications prior to us beginning the custom production process.
- You are responsible for promptly inspecting the packaging and labeling materials we deliver to you to identify any problems, damage, shortages, or concerns. If you identify any such problems or concerns with the materials, you must notify us in writing of the same within ten (10) business days of receipt. If you have not notified us in writing of any problems with our materials within said 10-day period, you shall be deemed to have accepted the materials as delivered. If a quality issue or shortage is timely identified, a mutually acceptable credit or refund will be issued to you.
- Due to variations in the printing process, printed colors may vary slightly from the colors ordered. Summit strives to maintain consistency and keep color variations to a minimum.
- No credits will be given without prior authorization. Returns require prior approval from our Account Management team.
- Notwithstanding any other provision of these terms and conditions, and to the maximum extent permitted by applicable law:
- The liability of Summit and its representatives to you arising from, connected with, or relating to these terms and conditions or any related matter is limited to direct damages suffered by you, and in no event and under no circumstances will Summit or any of its representatives be liable to you for any of your exemplary, or punitive loss or damage of any nature or kind whatsoever or for any loss of business, loss of markets, loss of savings, loss of income, loss of profits, loss of use, loss of production or loss of goodwill, anticipated or otherwise.
- Without limiting section 10 (A), in no event and under no circumstances will the total aggregate liability of Summit and its representatives to you and your representatives arising from, connected with or relating to this agreement, the subject matter of this agreement and all related matters ever exceed the total amount of fees actually paid by you to Summit in respect to the applicable purchase order.
- This section 10 is a comprehensive exclusion and limitation of liability that applies to liability under any theory (including contract, tort, strict, liability, and statutory liability), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Summit or any of its representatives, even if other remedies are not available or do not adequately compensate for the damage, loss or liability, even if Summit knows or ought to have known of the possibility of the damage, loss or liability being incurred, and regardless of whether or not the damage, loss or liability was foreseeable.
- If it becomes necessary to take legal action to collect any unpaid balance, the customer agrees to pay all costs of collection, court costs, reasonable attorney fees and monthly interest rates at 1.5% per month, including post judgment interest at the same rate (1.5% per month), and all reasonable attorney fees. This agreement shall be interpreted and enforced in accordance with the laws of the Province of British Columbia. All legal actions and proceedings by or between the parties shall be filed and maintained exclusively in the courts of British Columbia. The customer and personal guarantor hereby submit to the sole and exclusive jurisdiction of the courts of the Province of BC, and hereby waive any and all defenses regarding personal jurisdiction in the Province of BC.
- The customer hereby authorizes Summit, or any agency employed by it to fully investigate the credit and financial responsibility of the customer, and to verify any information obtained. If deemed necessary, Summit may request updated information including financial statements that may be used to evaluate future or ongoing extensions of credit. The customer agrees to promptly comply with such requests. The customer authorizes the release of credit information to Summit.
- This Agreement may be amended from time to time and applies to all transactions between customer and Summit.
- I/We understand that we must notify Summit in writing by certified mail of any change in ownership, the name of the business or structure of the business under which credit is established, within thirty (30) days of the date such change is effective. Failure to do so, holds the original owner/s liable until written notice is given.