The following general terms and conditions of sale are the exclusive basis of all offers, sales and deliveries of XPOGRAPH.

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Entering into the contract
Unless agreed by us in writing, the general terms and conditions below will govern all relationships between XPOGRAPH and the purchaser here in after referred to as the CLIENT, who declares it is aware of and agrees to said terms and conditions. In the case of incompatibility with the purchasing terms and conditions of a CLIENT, it is agreed that these general terms and conditions shall prevail over any particular document specific to the CLIENT unless XPOGRAPH has given prior written approval of said documents.

The fact that XPOGRAPH does not enforce, at any given time, one of these general terms and conditions cannot be interpreted as a waiver of the ability to enforce any other of said conditions at a later time. Any writing fixed in these rules can be sent by electronic means of communication unless there exists an express provision to the contrary.

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Pricing
Prices are subject to change without notice.

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Warranty
XPOGRAPH offers warranties against manufacturing defects. If a product fails due to a manufacturing defect, please contact us immediately with your claim. Upon assessment of the defect, we will at our sole discretion send  replacement parts, repair the product in our warehouse, or replace it.

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This warranty does not cover damage caused by accident, improper care, negligence or normal wear and tear. Damaged products not covered under this warranty can be returned and repaired for a minor fee to cover parts, labor and shipping. Accessories such as lights, shelves, shipping containers, and bags are excluded from this warranty. 

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Returns must be accompanied by a XPOGRAPH-issued return authorization in order to be considered valid. Inbound and outbound shipping charges on returns to XPOGRAPH are the responsibility of the CLIENT.

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If damage occurs during shipping, the dealer must contact XPOGRAPH within three days upon receipt to report the damage.

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No warranty is provided on graphics.

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Returns / cancellation
XPOGRAPH will accept returns within 7 days of reception of non-defective products if such products are in their original packaging, have been unused, and are returned in their original condition. Returns are not possible on custom-made materials.

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Payment
Wire payments require a 50% deposit at the start of the project. The balance is due prior to shipment. Credit card (VISA/mastercard) payments are to be paid in full at the start of the project (additional administration fees apply).

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Client’s Responsibility – Supplying Visuals
The CLIENT is solely responsible for the entire content and accuracy of the files sent to XPOGRAPH for printing. Therefore, the CLIENT must ensure that it owns the rights to reproduce all the elements (photos, logos, images, character fonts, etc.) included in the files that it sends to XPOGRAPH for printing. The CLIENT assumes full responsibility for damage caused to third parties by the use of elements protected by intellectual property rights, therefore the CLIENT undertakes to indemnify and hold harmless XPOGRAPH for any claim or action emanating from said offence.

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The CLIENT is responsible for providing the files for printing recognizes and expressly declares that it is a graphic art professional, able to understand and apply the instructions given in XPOGRAPH’s technical recommendations.

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XPOGRAPH could be required to carry out certain technical modifications that it deems necessary to the files provided by the CLIENT if the technical recommendations are not followed (formatting, deleting the mounting marks, bleeds, converting Pantone colours to CMYK, etc.), sent to the CLIENT by XPOGRAPH, excluding any corrections by the author (“correction by the author” is understood to mean any modification to the composition) for which the CLIENT is required to provide XPOGRAPH with a new file.

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The CLIENT acknowledges being notified that the colours printed on the visual will potentially be different from those that appear on a computer screen or a paper printer. An electronic proof (E-PROOF) is submitted to the CLIENT for each file to be printed (excluding bailout service orders): it is therefore the CLIENT’s responsibility to approve or modify the file before the order is sent for production. Any error relating to the printed visual is the responsibility of the CLIENT and XPOGRAPH cannot be held liable for errors relating to the file sent, including priority service orders at the request of the CLIENT, for which the E-PROOF is submitted to the CLIENT for information only.

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Delivery times
The delivery time is sent to the CLIENT by XPOGRAPH for each order, and depends on the solutions to order, the amounts and sizes. These times must be approved by the CLIENT at the start of the order. If the files specified are not provided by the CLIENT within the timeframes specified and if the CLIENT does not wish to modify the dispatch date, an amendment to the order will be signed by the CLIENT and XPOGRAPH.

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For a standard or priority service order, the delivery time is calculated from when the electronic proof (E-PROOFS) for the entire order is approved by the CLIENT in writing. The delivery times for a priority service order are one (1) day less than the standard delivery times. For a bailout service order, the delivery times are calculated from the time when the CLIENT provides XPOGRAPH with all the compliant files. The E-PROOFS will not be sent to the CLIENT. The delivery times for a bailout service order are two (2) or more days less than the standard delivery times.

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The delivery times are given on an indicative basis only and are not guaranteed by XPOGRAPH. The standard delivery times are available from XPOGRAPH upon request. These delivery times are observed to the extent possible. Delays do not justify cancelling the order or the contract, and do not give rise to the payment of compensation.
 
Warranty

As well as the legal warranties, XPOGRAPH offers a commercial warranty subject to the following terms and conditions:

1. SCOPE
1.1. The XPOGRAPH commercial warranty, hereinafter referred to as the “Warranty”, covers manufacturing or product-quality defects, including defects in the materials and electronic and mechanical components, excluding defects caused by:

a. Improper use of the product or defective maintenance:
Defects caused by improper use, and in particular by using the products with parts other than those supplied by XPOGRAPH, by failure to comply with the assembly instructions, maintenance instructions and warnings provided with the product, by modifications to the product that were not carried out by XPOGRAPH, and by failure to maintain the product, are not covered by the Warranty.

The Warranty does not cover damage due to misuse of transport products and solutions (such as the transporting of unsuitable objects or those weighing more than the recommendations provided by XPOGRAPH), accidents, negligence, wear and tear due to friction or exposure to products which damage the materials (water, chemicals, solvents, etc.) or extreme temperatures.

b. Normal wear and tear:
The Warranty does not cover defects resulting from normal wear and tear of the products, including the accessories and mechanical and electronic components of the products.

c. Cases of force majeure, unforeseeable circumstances, acts by third parties or by the CLIENT:

The Warranty does not cover defects caused by (i) force majeure or unforeseeable circumstances, including, in particular, natural disasters, fire, flood, explosion, electrical surge, storm, earthquake, armed conflict, war, attack, (ii) an act by a third party and/or (iii) an act by the CLIENT and/or by the CLIENT’s employees.

d. The graphics supplied by the CLIENT:
As specified in the general terms and conditions of sale, the CLIENT is solely responsible for the entire content and accuracy of the files sent to XPOGRAPH for printing. Therefore the CLIENT must ensure that it owns the rights to reproduce all the elements (photos, logos, images, character fonts, etc.) included in the files that it sends to XPOGRAPH for printing. The CLIENT assumes full responsibility for damage caused to third parties by the use of elements protected by intellectual property rights. The CLIENT acknowledges being notified that the colours printed on the visual will potentially be different from those that appear on a computer screen or a paper printer.

An electronic proof (E- PROOF) is submitted to the CLIENT for each file to be printed: it is therefore the CLIENT’s responsibility to approve or modify the file before the order is sent for production. Any error relating to the printed visual is the responsibility of the CLIENT and XPOGRAPH cannot be held liable for errors relating to the file sent, including priority orders at the request of the CLIENT, for which the E-PROOF is submitted to the CLIENT for information only.

1.2. The Warranty does not apply in the case of forgery, deliberate improper use or destruction.

1.3. The Warranty only covers new products and does not under any circumstances apply to loaned or second-hand products supplied by XPOGRAPH.

1.4. The Warranty does not apply to printed materials.

2. TERM

The Warranty comes into effect on the product delivery date. The delivery date is the day when the product is available and released from the XPOGRAPH premises (EX-WORKS delivery). The term of the Warranty, which varies by product, is determined as follows:

– 1-year warranty for the following products: ONE, CASES, BAGS, FLAGS, BROCHURE HOLDERS, LIGHTS, BANNERWALL, ELECTRONIC COMPONENTS, HELIX, XPERIENCE, TRANSPORT SOLUTIONS
– 2-year warranty for the following products: SUPREME, AXIS, SET, SPRINT, LITE BANNER, C.AIR², TOTEM AIR, CONTOUR, HANGING SIGNS
– 5-year warranty for the following products: PANORAMIC, XTENSION², XPRESSIONS, VIRAGE, HELLO.XPRESS, MAGNA, WALLFRAME

If a product is replaced or repaired under the Warranty, the Warranty term is not increased. The effective start date of the Warranty is still the day when the original product was delivered.

3. MAKING A CLAIM
3.1. It is the CLIENT’s responsibility to provide all supporting documentation to prove the existence of the reported defects or anomalies. The CLIENT must give XPOGRAPH every opportunity to observe these defects in order to correct them. If required, any legal proceedings will be held in Montreal. The CLIENT will refrain from carrying out the corrections itself or having them carried out by a third party.

3.2. A claim can only be made under the Warranty after XPOGRAPH has been able to verify that the product defect exists.

If the defect verified by XPOGRAPH is covered by the Warranty, the product will be repaired or replaced, at the sole discretion of XPOGRAPH. If applicable, the cost for returning the goods to XPOGRAPH is the responsibility of the CLIENT. XPOGRAPH’s costs for labor, processing and dispatching spare parts are the responsibility of XPOGRAPH. If the defective merchandise cannot be returned, XPOGRAPH will provide its CLIENTS with the spare parts and instructions necessary for repair.

No payment will be made for any other type of compensation, penalty or damages.

3.3. XPOGRAPH reserves the right to substitute, stop manufacturing or modify any product or part at any time, without notice. If a part or product is no longer available or manufactured, XPOGRAPH will replace it with a part or product with equivalent features.

Claims should be sent to info@xpograph.com.

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Text message communications: We use text messaging to communicate with you about your service. Normal messaging rates apply and the frequency of messages may vary. Mobile Carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Opt-out of text message communications: You may opt out of text messaging at any time by replying to any message with STOP or contacting us at info@xpograph.com. This will end the communications from that particular phone number. You may continue to receive service-related and other non-marketing text messages from other phone numbers managed by xpograph Inc., and you may opt out of those in a similar fashion.

By submitting your phone number, you agree to receiving texts from xpograph Inc.

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We appreciate your business!