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| Terms
and conditions of sale |
Please
read our terms & conditions of sale prior to purchasing.
GENERAL TERMS
– Applies to all orders. Please read.
CUSTOM ORDER TERMS
– Read this as well if you are ordering custom replication,
duplication, printing, and/or packaging services.
DUPLICATOR AND BLANK MEDIA/SUPPLIES ORDER TERMS
– Read this as well if you are ordering CD/DVD duplicators,
printers, blank media, and/or supplies.
GENERAL TERMS (applies to all orders)
Pricing and delivery
Disc Makers reserves the right to change prices,
colors, materials, specifications and quantities in our catalog, web
site, or elsewhere without notice or obligation.
Prices quoted in our catalog do not include freight. All shipping
is FOB Pennsauken, NJ, unless indicated otherwise. Disc Makers is
not responsible for loss or damage to the product once any product
has left Disc Makers' premises.
Disc Makers maintains offices and facilities in several states and
charges applicable sales tax when appropriate, as required by law.
Payment terms
Disc Makers accepts cash, check, money order,
VISA, MasterCard, Discover, and American Express.
Companies requesting credit must fill out a credit application before
any order can be processed. A purchase order is required before any
open account order can be processed.
Should any amount remain outstanding after its due date, interest
shall run on said amount from the initial billing date at the rate
of one percent (1%) per month (12% per annum) and shall accrue daily.
In addition to the foregoing, the Customer shall pay any and all costs,
fees, charges or expenses of every nature (including without limitation
Disc Makers' reasonable legal fees and litigation/arbitration fees
and costs) incurred by Disc Makers in recovering any amounts owed
to it by the Customer.
Order cancellation
Disc Makers reserves the right to refuse or
cancel any order.
CUSTOM REPLICATION/DUPLICATION
ORDER TERMS
Intellectual Property Rights Protection
Disc Makers participates in the International
Recording Media Association's (IRMA) Anti-Piracy Compliance Program,
which protects property rights owners from the unauthorized distribution
of their content.
The customer represents and warrants to Disc Makers: (a) that it is
the true and rightful owner of, or is licensed or otherwise possesses
legally enforceable rights to use the registered and unregistered
rights, titles, and interests in and to any United States or foreign
trademarks, service marks, trade names, copyrights or other intellectual
property rights relating to the materials provided to Disc Makers
by the customer under this agreement, including but not limited to
the right to reproduce, manufacture and otherwise use the materials:
(b) that the customer and Disc Makers are not, or will not be, as
a result of the execution and delivery of this agreement or the performance
by Disc Makers of the obligations hereunder, in violation of any intellectual
property rights of third parties; and (c) that no claims with respect
to the customer's intellectual property rights or third party intellectual
property rights in the materials are currently pending, nor to the
knowledge of the customer, are threatened by any person, nor, to the
customer's knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless Disc
Makers and its subsidiaries and their respective officers, directors,
agents, affiliates, distributors, franchisees, and employees (collectively,
"indemnified parties") against any liabilities, losses,
claims, damages, punitive damages, causes of action, lawsuits, administrative
proceedings (including interest from the date of such damages), and
costs and expenses (including without limitation reasonable attorneys'
fees and disbursements of every kind, nature, and description) (collectively,
"damages") suffered, sustained, incurred, or paid by the
indemnified parties in connection with, resulting from, or arising
out of, directly or indirectly (i) any claim, demand, proceeding,
or lawsuit by a third party based on any assertion that the services
provided to the customer under this agreement breaches the patent,
copyright, trademark, trade secret, or other proprietary right of
such third party and (ii) any breach of any representation or warranty
of the customer set forth in this agreement or the form, Intellectual
Property Ownership Agreement, Purchase Order, or in any other form
or document in connection herewith.
Disc Makers reserves the right, at its sole discretion, to investigate
the ownership of any and all materials provided hereunder.
The customer agrees to provide Disc Makers, upon request, all necessary
documentation of ownership or other legal rights, including without
limitation all pertinent copyright and licensing information. By reserving
these rights, Disc Makers does not in any way assume an obligation
to investigate or verify ownership of any materials provided by the
customer, and Disc Makers may rely on the customer's representations
and warranties herein and provided under Disc Makers' Intellectual
Property Rights Form even if Disc Makers investigates such ownership.
If Disc Makers determines, or has reason to believe, that the customer
does not have the authority to produce the products sought hereunder,
Disc Makers will have no further obligations to the customer to provide
any products or any other services with respect to such materials,
and Disc Makers will return such materials to the customer.
Pricing and delivery
Disc Makers reserves the right to produce and
bill for production overruns or underruns up to five percent (5%)
of the customer's order. Customer will be billed for actual amounts
shipped.
The customer's order will be delayed if the customer has failed to
provide to Disc Makers all necessary materials (including without
limitation master, graphics, deposit, signed estimate, signed Intellectual
Property Rights Form, and Audio Track Listing).
Quoted or acknowledged delivery dates are only estimated dates of
delivery. Disc Makers specifically disclaims liability for delays
in delivery and any resulting consequential damage or losses.
In the event a client fails to pay within ninety (90) days for any
work completed, or in the event a client fails to accept delivery
or pick up his finished product within ninety (90) days from completion,
Disc Makers has the right to sell, dispose of, destroy or use any
such material on hand in any way Disc Makers chooses without any liability
by Disc Makers to the customer or others.
Disc Makers assumes that the client has backups or originals of all
content (including without limitation masters, graphic files, multimedia
files, video files, and audio files) provided in digital electronic
form (including without limitation on recordable CD or DVD, digital
video master, Zip, SyQuest, 1630, DLT, DAT, or other digital recording
medium, or as uploaded to Disc Makers’ web site via FTP, email,
or other means) for manufacturing. As such, Disc Makers is not obligated
to return such electronic content to the customer upon completion
of the order. Disc Makers will return analog masters, original artwork,
photos, transparencies, etc. furnished by the client upon completion
and payment of the order.
Upon completion of any replication or printing order Disc Makers will retain certain production masters (e.g. stampers, label film, original graphics files, and other materials needed to manufacture the product to the customer's specification) for a period of 12 months from the date the product was last ordered or reordered. (Disc Makers will keep electronic back-ups of graphics files for 7 years). After 12 months of inactivity those physical production masters and related parts will be recycled or discarded to create space for active titles. Customer reorders placed after more than 12 months of inactivity will not incur any extra charges so long as Disc Makers can get one copy of the original finished product from the customer at the time of reorder.
While Disc Makers will treat the customer's materials with the utmost
care, Disc Makers specifically denies liability for damage or loss
due to fire, casualty, or negligence while the customer's materials
are in the care and possession of Disc Makers.
Customer's materials stored in Disc Makers' premises are not insured
and are stored strictly at the customer's risk. The customer agrees
to carry insurance coverage for its materials while at and in transit
to and from Disc Makers' premises.
Payment terms
Disc Makers requires a deposit of 50% of the
purchase price with most custom manufacturing orders (your product
specialist will inform you of the deposit requirements). The balance
of the purchase price, subject to a five percent (5%) production under
or over run, is due upon completion of the order, before shipping
(no C.O.D.s).
If replication orders are prepaid in full, including freight and applicable
taxes, any overs will be at no charge.
Reorders, rush orders, and printed materials, must be prepaid in full,
including freight and any applicable taxes.
Direct mail fulfillment orders always require postage to be paid before
mailing. The customer will be informed of the exact postage after
we receive customer’s mailing list.
Warranty of product, limitation of liability, and indemnification
Disc Makers guarantees the customer's satisfaction
with art and content proofs. If Disc Makers cannot satisfy the customer,
Disc Makers will refund the entire deposit amount if customer wants
to cancel the project. However, once proofs are approved Disc Makers
will charge for all work and services performed, even if the project
is subsequently canceled.
Disc Makers warrants that material produced and delivered by Disc
Makers meets Disc Makers' standard specifications for the material
or such other specifications as described in this catalog and meets
generally accepted industry standards.
All custom-manufactured and/or printed Disc Makers products are unconditionally
guaranteed against defects in quality and workmanship. If any custom-manufactured
product produced by Disc Makers from or through the use of materials
is found to be defective in quality, or is shipped or labeled in error,
Disc Makers will replace or repair defective product and/or correct
error in shipment or labeling at its own expense or, at Disc Makers'
option, refund to customer part or all of the purchase paid to Disc
Makers, on the condition that a) written notice of such defect or
error is received by Disc Makers at its office within thirty (30)
days after shipment by Disc Makers to customer, and b) the defect
or error did not result from a defect or error in the materials supplied
by or on behalf of the customer. If said notice is not received by
Disc Makers within the date indicated above, Disc Makers will be deemed
to be released by customer from any and all liability.
The customer shall return any defective product to Disc Makers should
Disc Makers so request. No merchandise may be returned to Disc Makers
without written return authorization by Disc Makers. Product reruns
or purchase price refunds will be prorated based on the quantity of
defective merchandise returned.
Prior to returning any product, you must obtain an RMA (return merchandise
authorization) number from Disc Makers. The RMA number must appear
on your address label. Disc Makers reserves the right to refuse delivery
of any item returned without an RMA number.
Disc Makers is not responsible for any loss of revenue or profit or
other financial damages of any kind whatsoever, whether direct or
indirect, suffered by the customer for any reason whatsoever.
Order cancellation
Orders for products not yet manufactured by
Disc Makers may be cancelled by either party at any time. The customer
will be responsible for all costs incurred by Disc Makers related
to pre-manufacturing or manufacturing of any product, prior to receipt
of notice of cancellation. After such cancellation, the customer's
materials and any completed product may be delivered to the customer
only after all sums owed to Disc Makers have been paid in full by
cash or check.
DUPLICATOR, PRINTER, AND BLANK
MEDIA/SUPPLIES ORDER TERMS
Intellectual Property Rights Protection
Disc Makers participates in the International
Recording Media Association's (IRMA) Anti-Piracy Compliance Program,
which protects property rights owners from the unauthorized distribution
of their content.
Customers purchasing CD and DVD duplicators, blank recordable media,
and other hardware and supplies warrant that they will use the equipment
and media only for legitimate uses that do not infringe on the intellectual
property rights of third parties.
Pricing and delivery
Quoted or acknowledged delivery dates are only
estimated dates of delivery. Disc Makers specifically disclaims liability
for delays in delivery and any resulting consequential damage or losses.
Payment terms
Hardware, including but not limited to CD and
DVD duplicators and printers, and recordable media and supplies orders
must be prepaid in full, including freight and any applicable taxes.
Leasing options are available to qualified buyers of Disc Makers hardware.
Disc Makers reserves the right, among other remedies, to suspend delivery
upon failure of the customer to make payment as herein provided. Disc
Makers reserves the right, among other remedies, either to terminate
this agreement or to suspend further deliveries upon failure of the
customer to make any payment as herein provided.
If the customer leases a product, the lease transaction is between
the customer and the lender, independent of the customer’s purchase
from Disc Makers.
Warranty of product, limitation of liability, and indemnification
Disc Makers warrants to the original purchaser
of hardware products or consumables that products will be free from
defects in materials and workmanship for various periods of time (six
months to two years from the date of shipment) depending on the product.
During the warranty period, Disc Makers will, at its option: provide
replacement parts necessary to repair the product; replace the product
with a comparable product (provided product is returned within 30
days from the date of shipment), or refund the amount you paid for
the product, less a 15% restocking fee (provided product is returned
within 30 days from the date of shipment). This limited warranty covers
normal use. Disc Makers does not warrant and is not responsible for
damages caused by misuse, abuse, accidents, viruses, unauthorized
service or parts, or the combination of Disc Makers branded products
with other products. Disc Makers warrants that repair services provided
will be performed in a professional and workmanlike manner. You should
back up all files before services are performed. Disc Makers is not
responsible for any loss of your data. Disc Makers shall have a reasonable
time to repair or replace such products. Repaired or replaced hardware
products will be warranted for the balance of the initial warranty
period or for 90 days, whichever is longer.
THIS EXPRESS WARRANTY SHALL EXTEND TO ONLY CUSTOMERS OF DISC MAKERS
AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
Disc Makers' liability under this warranty extends solely to the obligation
to repair or replace a covered product. Disc Makers' liability under
this warranty shall not exceed the cost of the covered product. The
foregoing warranties are exclusive and are in lieu of all other warranties
whether written or implied including warranty of merchantability in
other respects than expressly set forth above and warranty of fitness
for a particular purpose. Further, Disc Makers shall have no liability
for any consequential or punitive damages or losses to customer or
anyone else, under any theory, for defects in material or workmanship
or any other reason whatsoever.
Prior to returning any product, you must obtain an RMA (return merchandise
authorization) number from Disc Makers. The RMA number must appear
on your address label. Disc Makers reserves the right to refuse delivery
of any item returned without an RMA number.
All hardware, software, and media products must be returned in the
original packaging with all original accessories and documentation
included. Disc Makers reserves the right to refuse delivery of any
item that is not returned in the original packaging. Returned products
must be in the same condition as you received them. You must return
all pre-loaded software with the product and you may only return pre-loaded
software if you choose to return the product. You may return other
software only if the package has not been opened. Any returns authorized
by Disc Makers are subject to a 15% restocking charge and the customer
is responsible for all shipping charges to return product. Product
must be returned to Disc Makers within 30 days from the date of shipment.
Non-defective hardware product may be returned to Disc Makers (with
an RMA) to be exchanged for a new product within 30 days from the
date of shipment. Disc Makers will ship new product upon receipt of
the product to be exchanged. If you request that the new product be
shipped prior to Disc Makers receiving the product to be exchanged,
Disc Makers will invoice and charge your credit card for the new product.
Upon receipt of the original product, Disc Makers will credit your
account and credit card. The customer is responsible for all shipping
charges and applicable sales tax for exchanged product.
Disc Makers is not responsible for any loss of revenue or profit or
other financial damages of any kind whatsoever, whether direct or
indirect, suffered by the customer for any reason whatsoever.
Hardware Perfect Fit Guarantee
Disc Makers' Perfect Fit Guarantee warrants
that the duplication system you purchased adequately meets your duplication
needs as stated by you to your product specialist. If the duplicator
you purchased does not meet your needs, you may return the product
to Disc Makers within 30 days from the date of shipment. Upon receipt
of the returned product, Disc Makers will issue you a credit for the
full purchase price. This credit may only be applied toward the purchase
of another product that Disc Makers sells and must be used within
30 days from the date Disc Makers receives your returned product.
Product may not be returned for a refund under the Perfect Fit Guarantee.
All shipping costs are the responsibility of the customer.
Recordable media guarantee
Disc Makers guarantees that once you have successfully
recorded data onto a recordable CD-R or DVD-R purchased from Disc
Makers, the integrity of the data will remain intact. If a recorded
disc(s) loses data after successful recording, Disc Makers will replace
the affected disc(s) with comparable media. Discs that have been rejected
during duplication are not covered under this guarantee. Due to the
nature of duplication technology and compatibility between media and
hardware, a rejection rate of up to 8% is normal during duplication.
Hardware technical support
Disc Makers provides free lifetime basic technical
support for all duplicators and printers. Technical support for issues
beyond the scope of basic technical support may be available under
other service packages. Disc Makers provides technical support between
the hours of 9:00 a.m. and 6:00 p.m. EST via telephone at 1-888-800-4041,
or email at techsupport@discmakers.com. Disc Makers reserves the right
to change the means through which it provides technical support at
any time without notice or obligation.
Software license
Title to software included with Disc Makers’
hardware products remains with the licensor of the software. Software
is being licensed (and not sold) to you by Disc Makers on a non-exclusive
basis. Your use of software is subject to license agreements applicable
to the software. As a licensee of the software, you may: use the software
on a single computer or a single file server for use on a single local
area network; make one copy of the software in a machine-readable
form for backup purposes only. You may not rent or lease the software,
but you may transfer the software and accompanying written materials
on a permanent basis provided that you retain no copies and the recipient
agrees to the terms of this agreement. |
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