Carswell, a division of Thomson Reuters Canada Limited (“Carswell”)

Carswell terms & conditions outline:

·         your choices for order delivery and payments

·         conditions relating to automatic subscription renewal, returns and cancellations

·         other important information

These terms & conditions may vary in situations where special arrangements have been negotiated (e.g. custom orders) and where Carswell is acting as distributor for another publisher’s product or service.

Delivery of your initial order

Standard Delivery

Our shipping team will select the carrier that provides the most efficient and economical delivery from our warehouse to your door.  For online services, passwords are delivered via email.

Customer Pickup – GTA customers only

If you prefer to pick up your order at our Toronto Distribution Centre, please place your order through our Customer Relations department a day or two prior to your arrival.  You can reach us at 416-609-3800 or 1-800-387-5164.

Rush Delivery – Subject to Product Availability

For print and CD-ROM products, rush delivery is available on request at additional cost.  Please call Customer Relations by 11:00 a.m. Eastern time to have your order shipped to arrive the next business day at any major city in Canada or the U.S.A. 

Shipping & Handling

Shipping charges for print and CD-ROM products are displayed on invoices separately from the product price.  The handling portion reflects costs associated with the picking and packing of your order.  We work closely with major carriers to negotiate preferred rates and, as a national publisher, we ensure that shipping & handling rates are consistent and equitable across the country regardless of final destination.

Paying your invoice

Full payment is due to Carswell within 30 days of the invoice date, unless otherwise noted on the invoice or agreed to in writing.  A late payment fee of 1.5% per month may be charged on invoices beyond terms.  Payment can be made by major credit card, cheque or money order.

Claiming non-receipt of goods

Claims for missing material – releases, supplements, issues or parts – should be made within 30 days of the subscriber noticing that material was not received.  This includes receiving the subsequent material or Statement of Account showing an amount due for material not received.  For online services, clams of non-receipt of user passwords should be received by us within 30 days of contract signing.

Your subscription or standing order (renewals and supplements)

All provisions in this Section are subject to Section 5.

Bound Books

Unless otherwise instructed at the time of the order, we place purchasers of bound books on standing order to automatically receive replacement annual or biennial editions and supplemental material. Customers can decline automatic standing order at the time of ordering by requesting to be placed on Advise status for notification only when new editions are published.

NOTE: This policy applies to single copy purchases.  When 2 or more copies are ordered the customer is automatically placed on Advise status.

Annual and Periodical Subscriptions

Unless otherwise instructed at the time of the order, purchasers are automatically placed on subscription and automatically renewed and invoiced for subsequent subscription periods.  A shipping and handling charge is included on renewal invoices for print and CD-ROM products to cover costs involved in the delivery of the updates/parts over the subscription period.  For online services, the Term of the Agreement commences from the Contract Start Date.  The Term (and any renewals thereafter) shall automatically renew for a further year on each anniversary thereafter at a price which is increased over that for the just ending term.

Transferring a Subscription (Assignment)

The Customer may not assign, sub-license or otherwise transfer or encumber Agreements, or any of Customer’s' rights or obligations under Agreements, to any person except with the prior written consent of Carswell.  Carswell may assign or transfer Agreements and/or any rights or obligations to any Carswell affiliate, and Carswell or such affiliate-assignee may assign or transfer Agreements and/or any rights or obligations to any third-party successor to all or substantially all of the business or assets of Carswell, in each case without the prior consent of Customer.

Returning a product, cancelling a renewal and requesting a credit or refund

Print services with supplements billed as supplied

Initial purchase and separately invoiced supplements:  Materials supplied, such as binders and base contents, must be returned in resalable condition within 30 days of the date of invoicing for a full credit.  The same terms apply to separately invoiced supplements.  The return of a supplement is considered a request to cancel future subscription shipments.

Print and CD-ROM products billed annually on subscription and renewal

Initial purchase:  Materials supplied, such as binders and base contents, must be returned in resalable condition within 30 days of the date of invoicing for full credit.  After 30 days, the amount of credit will be pro-rated.  Opening the shrink wrap on a CD-ROM constitutes your acceptance and agreement to be bound by the terms and conditions of the Licence Agreement.

Renewals:  A renewal notice is issued 60 days prior to the start of the next subscription term.  Notice of cancellation must be received within the 60-day advance renewal period for full credit.  For periodically-billed law report and journal services, cancellations must be received within 30 days of the date of the invoice enclosed with the first issue of the new series.  Cancellation requests received 31 days or later will be pro-rated.

Online services billed on subscription and renewal

Cancellation requests for online services must be received in writing no later than 30 days after the Contract Start Date or any subsequent renewals.  For cancellation requests received after 30 days, the customer is responsible for all charges from the start of the subscription period to the date the cancellation request was received, plus an administrative fee equivalent to one month service.  If payment for the first invoice of the renewal subscription period has been received by Carswell, or if the service is used after the renewal date, requests for credit and/or cancellation will not be accepted and you will be responsible for payment of all invoices until the renewal subscription term / contract period has expired.

Bound books – new orders and standing order

Initial purchase and standing order shipments:  Books must be returned in resalable condition within 30 days of the invoice date for full refund or credit.  For Trade and Academic Bookstore customers, standard editions of bound books can be returned for full credit within 12 months of original invoice date, or, within 60 days of the publication of a new edition (whichever occurs first).  All product returns are to be shipped, prepaid via traceable method to ensure proof of delivery, to Carswell Distribution Centre, 245 Bartley Drive, Toronto, Ontario M4A 2V8.

Other important information

Limited Warranties and Limitation of Liability

A.    Carswell disclaims any representations, warranties or conditions, express or implied, including those of performance or merchantability or fitness for a particular purpose with respect to the features and data.  Carswell provides the features, forms and data “as is”, and does not warrant that the functions or that the operation or content will be:

·         uninterrupted

·         free from libelous content which is an invasion of privacy

·         identical to the original source from which the data or features were obtained

·         accurate

·         complete

·         current

·         free from any software virus or other harmful component

B.    Carswell shall not be liable for any loss or injury arising out of or caused, in whole or in part, by its negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the data

C.    Carswell shall not be liable for any indirect, consequential, punitive or special damages of the subscriber or of any third party claimed against the subscriber, including, without limitation, damages for loss of profits or revenue or failure to realize expected savings, however derived.

D.    Notwithstanding anything to the contrary in this agreement or any statute or rule of law to the contrary, subject to section C above, the cumulative liability of Carswell for all claims arising out of or in connection with this agreement and any schedules attached hereto, whether directly or indirectly, including, without limitation, from or in connection with the licence, use or improper functioning of the features and/or data shall not exceed all fees paid to Carswell by the subscriber for access to any of its  online services pursuant to the associated agreement.  The expression “Carswell” in this section shall be deemed to include any licensors or third-party suppliers to Carswell of data, and all gateway providers of data through Carswell to the subscriber.

Publishing disclaimer

Products and services are designed to provide accurate and authoritative information but with the understanding that Carswell is not engaged in rendering legal, accounting or other professional advice.  If legal advice or other expert assistance is required, the services of a competent professional should be sought.

Copyright

Copyright © Carswell division of Thomson Reuters Canada Limited or its licensors in all products and services provided by Carswell.  Reproduction in whole or in part of any Carswell product or service, regardless of publishing format, is strictly prohibited.  Reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as specified in the product Licence Agreement, constitutes copyright infringement without the prior written permission of the Publisher.  Copyright is vigorously protected.  Carswell is committed to continuing its partnership with the professional community in promoting access to Carswell products.

Online

Access to online services is provided subject to a Licence Agreement which is available for viewing on the related product website.  “Customer” in these terms & conditions is “Subscriber” or “User’ in the Licence Agreement.