Terms and Conditions of Sale
Please read our terms and conditions of sale prior to purchase. By purchasing from Disc Makers ("Company") you ("Customer") agree to the Terms and Conditions below.
General terms (applies to all orders)
Pricing and delivery
Company 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. Company is not responsible for loss or damage to the product once any product has left Company's premises.
Company charges state and local sales taxes where applicable.
Acceptance of a Customer's Purchase Order does not negate or invalidate any of the terms and conditions on this page. The terms and conditions on this page may not be amended unless a signed waiver on Company's letterhead is produced.
Payment terms
Company accepts cash, check, money order, VISA, MasterCard, Discover, American Express, and PayPal.
All orders are subject to a five percent (5%) production over or under run. For replication and duplication orders prepaid in full, including freight and applicable taxes, any overrun will be at no charge. Orders not prepaid in full will be invoiced in the exact amount manufactured, including a production over or under run of up to five percent (5%). Unless Customer has established credit with Company, payment of any outstanding balance is due upon completion of the order, before shipping (no C.O.D.s).
Unless Customer has previously established credit terms, all orders must be prepaid in full. 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.
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.
Should any payment amount due remain outstanding after its due date, Company reserves the right to charge interest 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 Company's reasonable legal fees and litigation/arbitration fees and costs) incurred by Company in recovering any amounts owed to it by the Customer.
Content policy
We will not manufacture, sell, distribute, or promote certain content, including content that we determine is hate speech, offensive, exploitative, abusive, pornographic, defamatory, inflammatory, false, fraudulent, unlawful or glorifies or promotes unlawful acts, or is otherwise objectionable.
Notwithstanding the above, Company believes in the Customer's right to create content the way it is intended to be consumed. As such, we will manufacture, sell, distribute, and/or promote content that contains profanity or explicit language, so long as it does not violate our Content Policy in the previous paragraph.
Custom manufactured (optical media, vinyl, usb, and all printed items) order terms
Intellectual Property Rights Protection
Company's Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their content.
The Customer represents and warrants to Company: (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 Company 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 Company are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Company 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 Company 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.
Company reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The Customer agrees to provide Company, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Company does not in any way assume an obligation to investigate or verify ownership of any materials provided by the Customer, and Company may rely on the Customer's representations and warranties herein and provided under Company's Intellectual Property Rights Form even if Company investigates such ownership.
If Company determines, or has reason to believe, that the Customer does not have the authority to produce the products sought hereunder, Company will have no further obligations to the Customer to provide any products or any other services with respect to such materials, and Company will return such materials to the Customer.
From time to time Company uses third-party partners and vendors (“Partners”) to provide some of its services. By using Company you grant us the right to transfer your content as may be reasonably necessary or desirable to any Partners we may use to provide our services or manufacture our products.
Company does not take any ownership of Customer's Intellectual Property. Company will use all reasonable efforts to protect and safeguard Customer's Intellectual Property while Customer's content is in Company's facility, on Company's servers, transmitted to Partners, in Partner facilities, or on Partner servers.
Pricing and delivery
Company 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 Company 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. Company specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
Coupons, discounts, promotions and contest awards are non-transferable and expire 120 days after award (offer) date, unless an extended expiration is explicitly stated on the award. Coupons, discounts promotions and contest awards are not redeemable for cash, may not be replaced if lost or stolen and may not be used in conjunction with any other offer. Void if reproduced, purchased, traded, or sold.
In the event a Customer fails to pay within ninety (90) days for any work completed, or in the event a Customer fails to accept delivery or pick up their finished product within ninety (90) days from completion, Company has the right to sell, dispose of, destroy or use any such material on hand in any way Company chooses without any liability by Company to the Customer or others.
Warranty of product, limitation of liability, and indemnification
Company guarantees the Customer's satisfaction with art and content proofs. If Company cannot satisfy the Customer, Company will refund the entire deposit amount if Customer wants to cancel the project. However, once proofs are approved Company will charge for all work and services performed, even if the project is subsequently canceled.
Company warrants that material produced and delivered by Company meets Company's 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 Company products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Company from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Company will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Company's option, refund to Customer part or all of the purchase paid to Company, on the condition that a) written notice of such defect or error is received by Company at its office within thirty (30) days after shipment by Company 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 Company within the date indicated above, Company will be deemed to be released by Customer from any and all liability.
The Customer shall return any defective product to Company should Company so request. No merchandise may be returned to Company without written return authorization by Company. 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 Company. The RMA number must appear on your address label. Company reserves the right to refuse delivery of any item returned without an RMA number.
Company 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.
Company assumes that the Customer 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 Company's web site via FTP, email, or other means) for manufacturing. As such, Company is not obligated to return such electronic content to the Customer upon completion of the order. Upon request Company will return analog masters, original artwork, photos, transparencies, etc. furnished by the Customer upon completion and payment of the order.
Upon completion of any replication or printing order Company 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 30 days, after which time physical production masters will be recycled and the content stored digitally. For orders placed after November 2013, Customer art and content are digitally stored and archived for use when manufacturing a reorder.
Company will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls are employed to ensure security of systems and data.
While Company will treat the Customer's materials with the utmost care, Company 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 Company.
Customer's materials stored in Company's 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 Company's premises.
Order cancellation
Orders for products not yet manufactured by Company may be cancelled by either party at any time. The Customer will be responsible for all costs incurred by Company 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 Company have been paid in full by cash or check.
Company reserves the right to refuse or cancel any order for any reason.
Duplicator, printer, and blank media/supplies order terms
Intellectual Property Rights Protection
Company's Anti-Piracy Compliance Program 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. Company specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
Warranty of product, limitation of liability, and indemnification
Company 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, Company 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, provided product is returned within 30 days from the date of shipment. This limited warranty covers normal use. Company does not warrant and is not responsible for damages caused by misuse, abuse, accidents, viruses, unauthorized service or parts, or the combination of Company branded products with other products. Company warrants that repair services provided will be performed in a professional and workmanlike manner. You should back up all files before services are performed. Company is not responsible for any loss of your data. Company 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 COMPANY 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, Company 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 Company. The RMA number must appear on your address label. Company 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. Company 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. Customer must return all pre-loaded software with the product. Customer may return other software only if the package has not been opened. Any non-defective returns authorized by Company are subject to a 15% restocking charge, even if Customer is receiving an exchange for another product, and the Customer is responsible for all shipping charges to return and replace product. Product must be returned to Company within 30 days from the date of shipment. Company will ship new product upon receipt of the product to be exchanged. If Customer requests that the new product be shipped prior to Company receiving the product to be exchanged, Company will invoice and charge Customer's credit card for the new product. Upon receipt of the original product, Company will credit Customer's account or credit card. Customer is responsible for all shipping charges and applicable sales tax for exchanged product.
Company 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.
Recordable media guarantee
Company guarantees that once you have successfully recorded data onto a recordable CD-R or DVD-R purchased from Company, the integrity of the data will remain intact. If a recorded disc(s) loses data after successful recording, Company 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. Company's liability under this warranty shall not exceed the cost of the covered media. This limited warranty covers normal use. Company does not warrant and is not responsible for damages caused by media failure, misuse, abuse, accidents.
Hardware technical support
Technical support for issues beyond the scope of basic technical support may be available under other service packages. Technical support is provided between the hours of 9:00 a.m. and 5:00 p.m. PST. Company 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 Company's hardware products remains with the licensor of the software. Software is being licensed (and not sold) to Customer by Company on a non-exclusive basis. Customer's use of software is subject to license agreements applicable to the software. As a licensee of the software, Customer 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. Customer may not rent or lease the software, but Customer may transfer the software and accompanying written materials on a permanent basis provided that Customer retains no copies and the recipient agrees to the terms of this agreement.
Terms of Sale last updated February 15, 2023