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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.
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| 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. |
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| 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. |
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| 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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