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Precision
Disc Standard Terms Of Business
Additional
specifications and requirements are located at:
· Start Your
Order
· Artwork
Specifications
· Design
Templates
Unless
otherwise specified in writing, Precision Disc
Manufacturing Corp. terms of business include the
following:
Acceptance of our quotation constitutes an agreement for services between Precision Disc Manufacturing Corp. (Predisc) and
the Customer and/or Signatory of the quotation, client purchase order or Predisc order form (herein referred to as the “Customer”).
Once placed, all orders are final.
The Customer acknowledges that the following
production materials and information must be
supplied to Precision Disc as per our
specifications and requirements before the Customer's order can begin:
(1) CD or DVD content master and a back-up copy.
(2) Electronic artwork files.
(3) IRMA Intellectual Property Rights (IPR) Form.
(4) Signed/dated Predisc Order Form, or your detailed company purchase order.
(5) Minimum 50% downpayment (unless credit terms are approved in advance).
(6) Shipping destination and details (required a minimum 48 hours before
ship-date).
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 $US funds or $CDN funds 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
with Predisc 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, 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. The final invoice will reflect the exact quantity provided to the Customer, and
the Customer agrees to pay for the same.
Every effort will be made to fill orders within the timeline quoted at the outset of the project,
however, due to the inherent nature of custom
manufacturing, ready-by-dates (whether written, oral, or implied)
are not guaranteed. Though uncommon, delays can occur, and Precision Disc Manufacturing Corp. does not
assume responsibility for any damages growing out of or owing to any delays.
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
Precision Disc Limited Warranty Policy which
is available from Precision Disc upon request or via the company
website:
www.predisc.com/pdf/Precision_Disc_Limited_Warranty_and_Claims_Policy.pdf
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.
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Precision
Disc 'Terms Of Business'
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format - 54kb] |
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