Precision Disc - Standard Terms of Business

Unless otherwise specified in writing, Precision Disc Manufacturing Corp. terms of business include the following:

• Precision Disc Order Form, or your detailed company purchase order.
• Minimum 50% downpayment (unless credit terms are approved in advance).
• CD or DVD content master and a back-up copy.
• Intellectual Property Rights (IPR) Form. 
• Electronic artwork files supplied on Precision Disc templates and to our specifications.
• Shipping destination and details (required a minimum 48 hours before ship-date). 

Additional specifications and requirements are located on our website at: http://www.predisc.com/start. The Customer acknowledges that a delay in providing acceptable production materials and information to Precision Disc will, in turn, delay the start date for the order and that all ready-by dates agreed upon, whether written or oral, may be delayed.
 

Terms Of Payment:

All prices are in Canadian currency or U.S. currency as noted on your quotation or price matrix. The Customer agrees to pay a minimum downpayment of fifty percent (50%) in advance of Precision Disc starting any order unless other arrangements are made in advance and in writing. In all cases except where written credit terms are granted by Precision Disc to the Customer,
one hundred percent (100%) of the amounts owing under the order must be received prior to Precision Disc being required to release or deliver the order (in whole or in part) to the Customer. 

Payment can be made via Cash, Debit Card, Money Order, Cashier's Cheque, Company Cheque, Visa, Mastercard, or American Express. Precision Disc may terminate this Agreement or suspend deliveries if the Customer fails to make payment required under this agreement. Any amounts outstanding after its due date shall incur daily interest at the rate of two percent (2%) per month, twenty-four percent (24%) per annum. Not withstanding any other term in this agreement, Precision Disc may choose at any time and at its sole discretion to decline to make any shipment or delivery or perform any work unless payment is received in full. The Customer agrees to pay all costs, fees, changes or expenses of every nature (expressly including reasonable Legal fees) incurred by Predisc in recovering overdue payments.
 

Supply Of Product

It is considered fair business practice to supply and invoice for a small percentage (not exceeding 5% depending on the quantity of product ordered) of product overage or underage. The final invoice will reflect the exact quantity provided to the Customer, and the Customer agrees to pay for the same.

Important: While every effort will be made to fill orders within the timeline quoted at the outset of the project, stated ready-by-dates (including ‘rush’ and ‘deadline’ orders) can not be guaranteed due to the inherent nature of manufacturing custom made goods.

Delays, though uncommon, can occur and Precision Disc Manufacturing Corp. is not responsible for (a) any damages growing out of or owing to any delays, or (b) compensating the client over-and-above the terms of the Limited Warranty and Claims Policy as stated herein. Due to this Precision Disc highly recommends that product related releases, events, or performances are not scheduled until the product is in the client's possession and meets with their approval.

Unless otherwise specified in writing, all quotations are “F.O.B. Precision Disc, Surrey, B.C. Canada”. Precision Disc is not responsible for loss, damage or delay of products after they have left our premises.
 

Intellectual Property Representations & Warranties

The Customer hereby grants to  non-exclusive license to manufacture the product from the master recordings provided, and to use any related photographs, biographical material, label data, designs, artwork, or any other materials provided to Precision Disc hereunder by the Customer, for that purpose. 

The Customer represents and warrants that it is either (A) the true and rightful owner of, or (B) the possessor of legally enforceable worldwide licensing and/or right, for all aspects of intellectual property pertaining to their order which is inclusive of disc content and graphic design content. The Customer agrees to indemnify, defend, protect and hold harmless Precision Disc and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees and employees (collectively “Indemnified Parties”) against any and all liabilities, losses, claims, damages, actions, investigations, and legal proceedings of any kind, from any party, arising out of the Customer's rights, or lack thereof, to the use of the intellectual property or any aspect of the contents of their order.
 

Limited Warranty Policy

Precision Disc Manufacturing Corp. warrants that our products will be free from manufacturing defects outside of industry standards and norms, or the defective products will be repaired or replaced as per the definitions and guidelines noted in the Precision Disc Limited Warranty and Claims Policy.

Defective product must be reported to Precision Disc no later than 14 calendar days after the product has either [A] been received by the client, or [B] reached its shipping destination, or Precision Disc will be deemed to be released from any and all liability. Precision Disc's liability for defective product is limited solely to product replacement or repair, as the case may be, and shall not extend to any further liabilities whatsoever. The forgoing warranties are exclusive and are in lieu of all other warranties (whether written, oral, or implied) including warranty of merchantability in other respects than expressly set forth above.
 

Force Majeure

Neither party shall be liable for its failure to perform here under due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers. The party whose performance is prevented by such contingency shall have the right to omit during the period of such contingency. All or any portion of the quantity deliverable during such period, whereupon the total quantity deliverable under this Agreement shall be reduced by the quantity so omitted. If, due to any such occurrence, Precision Disc is unable to supply to total demands for any Product for any Product specified in this agreement, Precision Disc shall have the right to allocate its available supply among its Customers in a fair and equitable manner.
 

No Modification

These Terms and Conditions may not be modified orally, no waiver amendment or modification shall be binding or effective unless in writing and signed by the party to be bound.