Terms and Conditions – Last Revised: Aug 21 2009
These terms and conditions are subject to change without prior written notice at any time, at Custom Toronto's sole discretion. By submitting an order you ("Customer") agree to be bound by the terms and conditions listed below.

Artwork

By submitting a design or artwork to Custom Toronto, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design.

Further you warrant and represent that no part of the design: (1) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; (2) is the subject of any notice of such infringement you have received; or (3) is subject to any restriction or right of any kind or nature whatsoever which would prevent Custom Toronto, or its suppliers from legally reproducing the images, graphics or text supplied.

You agree to defend, at your sole expense, any claim, suit, or proceeding brought against Custom Toronto or its suppliers which relates to, or is based upon, a claim that any portion of the design infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party, provided that Custom Toronto gives you notice of any such claim. You shall pay any damages and costs assessed against Custom Toronto or its suppliers pursuant to such a suit or proceeding. Further, you agree to indemnify and hold Custom Toronto or its suppliers harmless from and with respect to any such loss or damage (including, but not limited to, reasonable legal fees and costs) associated with any such claim, suit or proceeding.

Terms

CUSTOM TORONTO IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY CUSTOM TORONTO ARE NOT MANUFACTURED BY CUSTOM TORONTO . THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH SUPPLIER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). CUSTOM TORONTO ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE SUPPLIER AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE SUPPLIER OF THE PRODUCTS. CUSTOM TORONTO MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT. CUSTOM TORONTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL ITEMS SOLD THROUGH CUSTOM TORONTO ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. ALL SALES FINAL. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE SUPPLIER, MANUFACTURER, DISTRIBUTOR, OR CUSTOM TORONTO, ASSUMES THE ENTIRE COST OF ANY AND ALL NECESSARY SERVICING OR REPAIR.

CUSTOM TORONTO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM CUSTOM TORONTO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOM TORONTO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

We reserve the right to alter any details or designs of products illustrated without prior notice and while every effort is made to describe our goods accurately on sales literature, email and the website no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. Regardless of the previous paragraphs, if we are found to be liable for any reason, our liability to you or to any third party is limited to $100CDN.

Quotations

Orders are accepted subject our right to adjust prices as we see fit. Prices are subject to taxes per the buyers location and as well as any applicable duties that may apply. We reserve the right to change prices at any time.

Returns

Due to the nature of customized products, returns will not be accepted, unless there has been an error in the production of the items. In that case, returns may be accepted at the sole discretion of Custom Toronto. Returns must be pre-arranged.

Delivery

Delivery day or lead-times specified are estimates only and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Custom Toronto will not be held responsible for any errors made by the shipping companies. Rush orders are subject to additional fees.

Quantity variations

We reserve the right to adjust the quantities of items ordered 5% above or below the quantity ordered. Customer will be billed only for the number of items shipped. If exact quantities are required an additional fee applies.

Cancellation and Changes

If production has not begun on your order, cancellation may be possible, a cancelation fee will apply. Changes to the order may also incur additional fees and may increase the production time. If production has begun on your order, we will be unable to cancel or change the order and you will be charged the full amount due.

Payment

Non-credit payment shall be made in full within 10 days of invoice, unless other terms have been established. No goods will be delivered on accounts that remain unpaid 5 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5% per day from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you. We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or court proceedings.

Copyrights and Trademarks

All items shown on this web site containing corporate logos or registered trademarks are shown only to illustrate Custom Toronto’s and its suppliers’ logo and print reproduction capabilities. Purchase of merchandise from Custom Toronto in no way, shape or form grants you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you or any third party.