Terms and Conditions

Terms & Conditions of Sale

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.
   
   Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
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 $275 before taxes will be subject to a small order charge of $19. This fee is to offset the increased cost of processing small orders and does not reflect any requirement for a minimum order size *
4. PRICE MATCH OR BEAT: KeyPak will match or beat 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: Order shipping charges vary depending on the shipping address. 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 180 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. ACCURACY OF BILLING AND ACCOUNT INFORMATION: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business/household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
    
    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
14. 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.

Equipment Service Terms & Conditions

1. KeyPak will provide preventative maintenance service at the address noted on the Preventative Maintenance Agreement form for the contract period noted therein.
2. Customer is eligible for a labour discount by signing a PM program agreement which includes technician inspections at the frequency outlined on the Preventative Maintenance Agreement form. Should Customer require any other service, for breakdowns or any other problems, Customer must contact KeyPak to schedule an appointment. Work will be completed during regular business hours. If after hours service is required, the current applicable overtime/ holiday service rates will apply.
3. The fees for this Preventative Maintenance service is outlined in the Preventative Maintenance Agreement form.
4. The preventative maintenance service does not include parts or materials that may be required for repair. These will be billed separately.
5. Payment for parts not covered by the manufacturer’s warranty is the sole responsibility of the Customer. Applicable labour to replace all parts will be charged according to current Service Rates.
6. This agreement is for the term noted on the Preventative Maintenance Agreement form and can be terminated prior to its expiry date at any time. Notice of the intent to terminate must be received by KeyPak no less than 30 days prior to termination date.
7. KeyPak is not responsible for loss or damage due to service by another company or individual, power loss, water, natural disaster, or any other situation beyond KeyPak’s control.

Terms & Conditions of Website Use

KeyPak (a Division of Keystone Packaging) and its affiliates provide their services to you subject to the following conditions. If you visit or shop at KeyPak, you accept these conditions. Please read them carefully. In addition, when you use any current or future KeyPak service or visit or purchase from any business affiliated with KeyPak, whether or not included in the KeyPak Web site, you also will be subject to the guidelines and conditions applicable to such service or business. This website (keypak.ca) has been prepared specifically for use by customers within Canada.

ELECTRONIC COMMUNICATIONS

When you visit KeyPak or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KeyPak or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of KeyPak and protected by international copyright laws. All software used on this site is the property of KeyPak or its software suppliers and protected by international copyright laws.

LICENSE AND SITE ACCESS

KeyPak grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KeyPak. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction

tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KeyPak. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KeyPak and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing KeyPak’s name or trademarks without the express written consent of KeyPak. Any unauthorized use terminates the permission or license granted by KeyPak. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KeyPak so long as the link does not portray KeyPak, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KeyPak logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. KeyPak may sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use KeyPak only with involvement of a parent or guardian. KeyPak and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. KeyPak reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant KeyPak and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant KeyPak and its affiliates and sub licensees the right to use the name that you submit in

connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify KeyPak or its affiliates for all claims resulting from content you supply. KeyPak has the right but not the obligation to monitor and edit or remove any activity or content. KeyPak takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

KeyPak and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

RISK OF LOSS

All items purchased from KeyPak are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

KeyPak and its affiliates attempt to be as accurate as possible. However, KeyPak does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by KeyPak itself is not as described, your sole remedy is to return it in unused condition.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

OTHER BUSINESSES

Parties other than KeyPak and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. KeyPak does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by KeyPak on an “as is” and “as available” basis. Keypak makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, KeyPak disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Keypak does not warrant that this site, its servers, or e-mail sent from KeyPak are free of viruses or other harmful components. Keypak will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.

 If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

APPLICABLE LAW

By visiting KeyPak, you agree that the laws of Ontario and/ or Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and KeyPak or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to KeyPak or to products you purchase through KeyPak shall be submitted to confidential arbitration in, Ontario, except that, to the extent you have in any manner violated or threatened to violate KeyPak’s intellectual property rights, KeyPak may seek injunctive or other appropriate relief in any court in Ontario and/ or Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your visit to KeyPak. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at websupport@keypak.ca