Custom Order Terms of Service
Custom Orders & Printing – Terms & Conditions
These Custom Orders & Printing Terms & Conditions (“Custom Order Terms”) apply to all custom-manufactured, custom-sized, custom-colored, branded, printed or otherwise customized products (“Custom Products”) purchased from Axiom Surface Protection Inc. and its affiliated companies (“Axiom”).
These Custom Order Terms supplement Axiom’s general Terms of Service. By approving artwork or a print proof, issuing a purchase order, paying a deposit, or otherwise authorizing Axiom to proceed with a Custom Product, the Customer agrees to these Custom Order Terms and Axiom’s general Terms of Service.
In the event of a conflict relating specifically to a Custom Product, these Custom Order Terms will prevail.
1. Quotations, Minimum Order Quantities & Orders
Pricing, minimum order quantities (“MOQ”), product specifications, estimated lead times, freight and other order-specific requirements will be identified in Axiom’s quotation, order confirmation and/or print proof.
The applicable MOQ must be purchased in order to qualify for custom manufacturing or printing unless otherwise agreed by Axiom in writing.
Pricing is based on the specifications and quantities quoted. Changes to quantities, artwork, dimensions, colors, materials, packaging or other specifications may result in revised pricing, additional charges and/or revised lead times.
An order for Custom Products becomes binding once accepted by Axiom and the Customer has provided the required deposit and approved all required specifications and artwork.
2. Payment & Deposit
Unless otherwise stated in Axiom’s quotation, a 50% non-refundable deposit is required at the time the Custom Product order is placed.
The remaining balance is due Net 30 days from the date of delivery, subject to approved credit terms.
Axiom is not required to commence procurement or production until the required deposit has been received.
The deposit is non-refundable because Custom Products, materials, printing plates, tooling and/or other production requirements may be purchased or committed specifically for the Customer’s order.
3. Artwork, Logos & Customer Authorization
The Customer is responsible for providing complete and accurate artwork, logos, trademarks, text, colors and other information required for production.
By approving a print proof or otherwise authorizing production, the Customer:
- confirms that the logo, artwork and layout shown on the approved proof are correct;
- authorizes Axiom and its manufacturing partners to use and reproduce the supplied logo, branding and artwork for the purpose of producing the Custom Products; and
- represents that it owns or has authorization to use and reproduce the supplied logo, branding, trademarks and artwork.
Axiom is not responsible for errors contained in Customer-supplied or Customer-approved artwork, including spelling, dimensions, colors, positioning, image quality or other design elements.
Additional charges may apply where artwork must be created, modified, recreated or converted for production.
4. Print Proof Approval
Where Axiom provides a digital or physical print proof, production will not begin until the Customer has approved the proof.
The Customer is responsible for reviewing all elements of the proof, including product specifications, dimensions, orientation, logo, artwork, spelling, colors, print location and positioning.
Customer approval of the proof constitutes final authorization for Axiom to manufacture the Custom Products according to the approved proof.
Once approved, Axiom is not responsible for errors or omissions appearing on the approved proof.
5. Colors & Print Appearance
Axiom will make commercially reasonable efforts to reproduce requested colors and artwork accurately. However, variations may occur due to printing processes, substrates, materials, inks, manufacturing conditions and differences between digital displays and physical products.
Digital proofs are intended primarily to demonstrate artwork, positioning, proportions and general appearance and are not guaranteed to represent exact production colors.
Where exact color matching is required, the Customer must notify Axiom before approving the order. Additional charges or production requirements may apply.
Reasonable variations in color, print density, registration, positioning or appearance that are customary in commercial printing and manufacturing will not constitute a defect.
6. Production Quantities
Due to the nature of custom manufacturing and printing, the final production quantity may vary by up to plus or minus 10% (+/- 10%) from the quantity ordered.
The Customer agrees to accept this production tolerance. The final invoice will be reconciled to reflect the actual quantity produced and supplied.
If an exact quantity is required, this must be agreed to by Axiom in writing before the order is approved for production.
7. Manufacturing Tolerances
Custom Products are manufactured using commercial production processes and may be subject to reasonable manufacturing tolerances.
Reasonable variations in dimensions, material thickness, weight, color, print position, print registration, roll length, sheet size and other manufacturing characteristics will not constitute a defect provided the Custom Products remain materially consistent with the approved specifications.
8. Lead Times
Estimated lead times will be identified in Axiom’s quotation or order documentation. Typical lead times may vary depending on the product, manufacturing location, quantity and current production capacity.
Lead times commence only after Axiom has received all required information, artwork/proof approvals, deposits and authorization required to begin production.
All production and delivery dates are estimates unless expressly guaranteed by Axiom in writing.
Axiom is not responsible for delays outside its reasonable control, including supplier delays, manufacturing interruptions, raw material shortages, transportation delays, customs delays or Customer-requested changes.
A production or delivery delay does not entitle the Customer to cancel an order after procurement or production has commenced.
9. Changes & Cancellations
Custom Products are manufactured specifically for the Customer and orders cannot be changed or cancelled once material procurement, production, printing, tooling, plate preparation or other customization work has commenced unless Axiom agrees otherwise in writing.
If Axiom agrees to a change or cancellation, the Customer will be responsible for all costs incurred or committed by Axiom, including materials, labour, artwork, setup, tooling, printing plates, supplier cancellation charges, freight and other related costs.
The 50% deposit remains non-refundable.
10. Returns & Claims
Custom Products are final sale and are not eligible for return, exchange, refund or credit unless the products are defective or materially differ from the specifications approved by the Customer.
The Customer must inspect Custom Products promptly upon delivery and notify Axiom in writing of any alleged defect or discrepancy within the inspection period specified in Axiom’s general Terms of Service.
Any claim should include photographs and sufficient information for Axiom to evaluate the issue.
Where Axiom confirms that a Custom Product is defective, the remedies available will be subject to Axiom’s general Terms of Service.
11. Shipping, Delivery & Risk
Shipping arrangements, freight rates and delivery locations will be as specified in the applicable quotation or order confirmation.
Risk of loss or damage transfers in accordance with Axiom’s general Terms of Service.
Any special arrangement for Axiom to ship Custom Products to multiple Customer locations must be agreed upon as part of the applicable quotation or order.
12. Product Testing & Use
The Customer is responsible for determining whether a Custom Product is suitable for its intended application.
All surface protection products must be tested on an inconspicuous area of each applicable surface or finish before full application and used in accordance with Axiom’s product instructions and Product Use Disclaimer.
Axiom is not responsible for damage resulting from improper application, unsuitable surfaces, failure to test the product before full application, use contrary to product instructions, or other circumstances excluded under Axiom’s general Terms of Service.
13. Intellectual Property
The Customer represents and warrants that it owns, licenses or otherwise has the legal right to use and reproduce all artwork, logos, trademarks, trade names, images, text and other materials supplied to Axiom.
The Customer authorizes Axiom and its suppliers or subcontractors to reproduce these materials solely as necessary to manufacture and supply the Custom Products.
The Customer agrees to indemnify Axiom from claims, damages, losses, liabilities and reasonable legal costs arising from Axiom’s authorized reproduction of Customer-supplied materials that infringe or are alleged to infringe the intellectual property rights of a third party.
14. Tooling, Plates & Production Materials
Unless otherwise agreed in writing, printing plates, dies, screens, tooling, digital production files and other manufacturing materials created or obtained by Axiom or its suppliers remain the property of Axiom or the applicable supplier, even where the Customer has paid a setup, tooling or plate charge.
Axiom does not guarantee that these materials will be retained indefinitely or available for future orders.
15. Repeat Orders
Axiom will make reasonable efforts to reproduce previously approved specifications on repeat orders. However, variations may occur between production runs due to changes in raw materials, inks, equipment, suppliers or manufacturing processes.
Pricing, MOQ, freight and lead times are subject to confirmation for each order. Previous pricing or specifications do not guarantee the same pricing, availability or lead time on future orders.
16. General Terms of Service
Except as specifically modified by these Custom Order Terms, all Custom Product purchases remain subject to Axiom’s general Terms of Service, including provisions relating to payment, delivery, risk, inspection, warranties, product use, limitation of liability, indemnification and governing law.
Axiom’s current Terms of Service are available at:
www.axiomtsp.com/terms-of-service
By approving a Custom Product order or print proof, issuing a purchase order, paying the required deposit or otherwise authorizing Axiom to proceed with production, the Customer acknowledges and accepts these Custom Order Terms and Axiom’s general Terms of Service.