Terms & Conditions

Terms & Conditions

For the purpose of this document Kingmascot Inc. (also know as the “Company”) states below the general terms and conditions of sale. Unless otherwise agreed to by Company in writing, the Commercial Terms of Sale apply to direct commercial purchasers (including Small, Medium and Large Business and Government and Public sector customers) of Company product and services. By placing your order, you accept and are bound to the Commercial Terms of Sale below:

Your Relationship with Company: Introduction Kingmascot Inc. sale of Products, as well as its performance of Services and your use of the mascot or plush, are subject to the terms of this agreement between you, the customer (“you” or “Customer”) and Company (the “Agreement”). “Company” means Kingmascot Inc., on behalf of itself and its suppliers and licensors, or the entity identified on your order confirmation, invoice, or another form of purchase document entered into by you at the time you purchased the Products or Services. Unless there is a separate agreement in place with, between or among your affiliates or our affiliates, “Customer” shall include any of your affiliates that places a Company order, and “Kingmascot Inc.” shall include any Company affiliates with which such an order is placed. Purchases of Products or Services under this Agreement shall be solely for Customer’s own internal use and not for resale purposes.

Definitions: “Products” means full mascot, parts of mascot, mascot costume, mascot suits, mascot heads, accessories, plush or other items associated with mascot purchase and any other products provided hereunder. “Services” means any and all services provided by Company as described in one or more Service Agreements. “Deliverables” means the tangible and intangible materials, including illustrations, drawings, concepts, ideas, manuals, procedures, and recommendations prepared by Company or its suppliers, licensors, or subcontractors in the course of performing the Services. “Materials” means all content and other items included with or as part of the Products, Services, or Deliverables, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, music, sounds, finished mascot products and accessories, plush products, gift items, etc.

Additional Agreements: This Agreement, together with the Service Agreements (as defined below), form a legally binding contract between you and Company in relation to your purchase and use of Products and Services. In the event of a conflict between these agreements, the terms of these documents will be interpreted in the following order of precedence: (1) this Agreement; and (2) quote.

Quotes, Ordering, and Payment & Interest. Your order is subject to acceptance or cancellation by Company, in Company’s sole discretion. Terms of payment are within Company’s sole discretion, and unless otherwise agreed to by Company, deposit payment must be received by Company prior to Company’s acceptance of an order. Each accepted order will be interpreted as a single Agreement, independent of any other orders. Payment for Products, and Services must be made by credit card, cheque, wire transfer, electronic funds transfer or some other prearranged payment method at the time of order unless credit terms have been agreed to by Company. Credit card payments will be subject to additional processing fee valid at that time. Payment to Company in respect of Products, and Services, as applicable, shall be made to the account indicated by Company (as may be amended from time to time). Timely payment of the price and all charges is of the essence. It is the responsibility of Customer to ensure payments are authorized and approved on time to ensure receipt of payment no later than the due date; in no case shall Company be responsible for ensuring such authorization or approval. Company reserves the right to charge you a late fee of 2% per month (24% per annum) applied against overdue amounts, or the maximum rate permitted by law, whichever is less. Late penalties will be recalculated every 30 days thereafter based on your current outstanding balance. Mascot storage pass the ship date will be charged monthly storage fee at the beginning of the month. Full rates will be applicable for the entire month even if mascot is shipped mid month and no prorated fees will be refunded. In addition, Company, without waiving any other rights or remedies to which it may be entitled, shall have the right to suspend or terminate any or all Services and refuse additional orders for Products or services from Customer until Company’s receipt of all overdue amounts. Company shall have no liability to Customer for any such suspension or termination of services or for its refusal of additional orders. Where products are stored at Company premises and payment is not received, company reserves the right to hold back the product for events, or other uses until all outstanding dues are settle with late payment fee. Company further reserves the right to seek collection of all overdue amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorneys fees) and costs associated with such collection. Customer shall place all orders in the country where the Products and Software are to be shipped and where Services are to be performed, and payment of the corresponding price and costs shall be made in the currency identified by Company in its invoice. Additional charges will apply if Customer requests services that are performed outside of contracted hours or are beyond the normal coverage for the particular service, such as customized invoicing, consolidated invoicing, and statements. Company reserves the right to change the method of delivery of all documentation, and any additional changes requested by Customer may be subject to additional charges.

Invoices. Other than where up-front payment in full was required prior to acceptance by Company of an order, Invoices will be due and payable in accordance of this Agreement within the time period noted on your invoice, or if not noted, then within 30 days, measured from the date of the invoice, subject to continuing credit approval by Company, such approval may be revoked without further notice from Company. Company may invoice parts of an order separately or may invoice purchases of the Products, Customer agrees that all invoices shall be deemed accurate unless Customer advises Company in writing of a bonafide, material error within fourteen (14) days of the date of such invoice. In the event that Customer advises Company of a material error, (i) payment of any amounts corrected or modified by Company in writing shall be due within fourteen (14) days of such correction, and (ii) all other amounts shall be paid by Customer by the invoice due date. In the event Customer withholds payment of any invoiced amounts upon an assertion by Customer that such amounts are erroneous, and Company subsequently concludes that such invoiced amounts are accurate, Customer shall pay interest on such amounts as described above from the due date for such amounts until Company’s receipt of those amounts. In no case shall Customer be entitled to offset, defer or deduct any invoiced amounts that Company determines are not erroneous following the notification process set forth above. Company will bill customer at later stage if additional governemnt duties, taxes, custom charges, inspection charges are assigned to the Company. responsibility of payment is with the customer for such charges

Shipping Charges; Title; Risk of Loss: Taxes, environmental disposal surcharges, and shipping and handling charges are not included in Product prices unless expressly indicated at the time of sale. Title to Products passes from Company to Customer upon shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by Company is Shipping company’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Shipping and delivery dates are provided as estimates only. You must notify Company within 3 days of the date of your shipment or acknowledgement if you believe any part of your order is missing, wrong, or damaged. Failure to respond within the time period will limit any corrective action we can take to mitigate the loss or recover the shipment and Company is not liable for the loss.

Taxes: Customer may qualify for tax exemptions from time to time in which case Company requests that Customer provides it with a valid certificate of exemption or other appropriate documentary proof of exemption. The charges stated in the order or any invoice shall be exclusive of all duties, levies or any similar charges and shall exclude GST, PST, HST or other VAT or equivalent sales or use tax (each, a “VAT”). Unless otherwise specified in writing by Company, Customer shall pay all freight, insurance, and taxes (including but not limited to import or export duties, sales, use, value-add, and excise taxes). No taxes are charged to US clients, but it is the client’s responsibility to pay the local taxes if applicable

Prices: The prices charged for Products, and Services purchased under this Agreement shall be the amounts set forth on Company’s website or other quotation, or as provided by the applicable invoice or Service Agreements relating to such Products or Services. Quoted prices will remain in effect only until the expiration date of the quote or Company’s acceptance of your order, and such prices are subject to shortages in materials or resources, increases in the cost of manufacturing, currency fluctuations, or other factors. As a standard rule Company quotes Canadian clients in CAD currency and all international clients in USD

Changed or Discontinued Products or Services: Company’s policy is one of ongoing update and revision. The company may revise or discontinue Product or Services offerings at any time without prior notice to Customer. A change in a Product or Service may occur after a Customer places an order but before Company ships the Product or performs the Service. As a result, Products or Services Customer receives might display minor differences from the Products, Services Customer orders. However, the Company-branded Products will meet or exceed all material specifications of such order. Parts used in repairing or creating Products may be new, equivalent-to-new, or reconditioned.

Refunds, Returns, and Exchanges: Because this is a custom-made product there are no refunds, returns, exchange of product or services.

Proprietary Rights: All right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the Products and Materials, as well as the methods by which the Services are performed and the processes that make up the Services, shall belong solely and exclusively to Company or the applicable suppliers or licensors, and you shall have no rights whatsoever in any of the above, except as expressly granted in this Agreement. The Products and Materials are protected pursuant to copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Product and Materials, in whole or in part.

Privacy: For information about Company’s privacy practices, please read Company’s privacy policies at www.Kingmascot.com/privacy-policy. These policies explain how Company treats your personal information and protects your privacy.