Precision Disc - Standard Terms of Business
otherwise specified in writing, Precision Disc
Manufacturing Corp. terms of business include the
Acceptance of our quotation constitutes an agreement for services between Precision Disc Manufacturing Corp. and
the Customer and/or Signatory of the quotation
(herein referred to as the “Customer”), client purchase order or
Precision Disc order form.
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
Precision Disc Order Form, or your detailed
company purchase order.
(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
specifications and requirements are located on our
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
Terms Of Payment:
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. 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.
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
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.
We are a
manufacturing company - not a courier company - so
we have no control over the shipment
after it has left our facility.
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 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.
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.
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.