All goods sold by Keystone Packaging Inc. trading as KEYPAK to any person or entity (“Buyer”) are sold solely on these Terms. The parties may only supplement, amend, or replace the Terms by written agreement.
1. ACCEPTANCE OF TERMS: The Buyer may accept these Terms in writing or by any conduct. Without limiting this clause’s effect, the Buyer is taken to accept these Terms by conduct if the Buyer: (a) accepts delivery of goods from KEYPAK; or (b) orders goods from KEYPAK (whether in writing, by online order or e-mail, or verbally including by telephone).
2. PRICING AND DESCRIPTION OF GOODS: All prices for goods published or quoted by KEYPAK are in Canadian dollars exclusive of GST, and are subject to alteration without notice. If there is any discrepancy between the prices shown on the website and prices quoted by customer service, the prices quoted by customer service shall be taken as correct. All brands, types or styles of goods published for sale by KEYPAK are indicative only, and may be replaced by an equal or better product. All published dimensions are nominal only.
3. SMALL ORDER CHARGE: While KEYPAK does not impose any limitation or restriction on order size, however all orders placed with KEYPAK that total less than $200 before taxes will be subject to a small order charge of $15. This fee is to offset the increased cost of processing small orders and does not reflect any requirement for a minimum order size *
4. 5% PRICE BEAT: KEYPAK will beat by 5% any price lower than the price for any good published in KEYPAK’s Buyers Guide if: (a) the Buyer provides a current written quote or invoice displaying the lower price; (b) the quote or invoice is dated no more than six months prior to current date; (c) the good quoted or invoiced is of the same brand, type and quality as a good stocked and advertised by KEYPAK; (d) if the Buyer is eligible for free delivery – the quote or invoice includes delivery costs. This offer excludes reseller, clearance or contract pricing. KEYPAK reserves the right not to accept any offer to purchase.
5. SHIPPING CHARGES: All orders delivering to addresses within the Toronto metro area (GTA) and the London metro area, are shipped free of charge. The Buyer must pay KEYPAK’s current handling and/ or shipping charges for orders below $250 excluding taxes or for addresses outside of the GTA or London. Please contact customer service to confirm what rates may be applicable to you. Zones and charges map available here.
6. PAYMENT TERMS: The Buyer must pay the purchase price for the goods on or before delivery of the goods to the Buyer. The Buyer must discharge any accounts agreed in writing within 30 days from the end of the month of invoice. The Buyer must pay to KEYPAK interest of 3% per month (calculated and accruing daily) on all monies outstanding beyond terms agreed by KEYPAK.
7. DELIVERY TERMS: All orders for in-stock items will be shipped for next day delivery wherever possible. Orders from Buyer’s with a current 30 day credit account in good standing will be shipped via KEYPAK’s truck free of charge provided the minimum order amount is met and delivery is in the GTA or London as noted in section 4. All other Buyer orders will be dispatched via Purolator courier and the current rates and delivery schedule will apply which can be verified here . Buyer’s will be notified of back orders as soon as practically possible and KEYPAK will not be held liable for any inconvenience as a result.
8. RETURNS, REPLACEMENTS AND CREDITS: Custom packaging and machinery is not returnable. KEYPAK will credit the Buyer for, or replace, goods returned on KEYPAK’s prior approval if: (a) the Buyer obtains a return number from KEYPAK; (b) the goods are returned in their original condition and packaging, and in full package quantities; (c) a copy of the corresponding tax invoice is supplied with the goods; (d) the Buyer bears all freight charges incurred in returning the goods (unless agreed otherwise). Any credit granted by KEYPAK to the Buyer will expire and become unredeemable twelve (12) months after the date of the grant. e) Returns for non-account customers will be subject to a 50% re-stocking charge. All returns must be done within 30 days of the delivery/pick up date.
9. CLAIMS: KEYPAK may ignore any claim for supply shortages or delivery discrepancies not notified to KEYPAK within seven (7) days of delivery. KEYPAK may ignore any claim for replacement of goods supplied if: (a) KEYPAK is not permitted to inspect the goods on request; (b) the goods were free of faults, defects and damage on supply; or (c) there is reasonable evidence that the goods were damaged after supply by misuse or unreasonable use.
10. SECURITY: All goods sold or supplied to the Buyer remain the property of KEYPAK until all debts owed by the Buyer to KEYPAK whatsoever are paid in full. The Buyer grants to KEYPAK a charge over the Buyer’s current and future tangible personal property, to secure the performance of the Buyer’s current and future obligations to KEYPAK. KEYPAK reserves all rights and remedies available on the Buyer’s default on these Terms (including, without limitation, the right to seize and dispose of or retain goods).
11. BUYER’S LIABILITY: The Buyer is fully responsible and liable for all of KEYPAK’s goods in the Buyer’s possession, and must maintain those goods in the condition as received. Clauses 3 and 4 apply even if the Buyer goes into bankruptcy, liquidation or receivership, or changes ownership. The Directors of the Buyer (being a company) are personally, jointly and severally liable to KEYPAK for the Buyer’s failure to pay any account by the date due.
12. DEBT COLLECTION FEES: The Buyer is liable for any debt collection service fees incurred in respect of any outstanding and overdue debts that the Buyer owes to KEYPAK.
13. SEVERABILITY: If a clause or part of a clause in these Terms and Conditions is illegal, unenforceable or invalid, that clause or part is excluded from these Terms and Conditions without affecting the remaining Terms and Conditions.