Pricing and delivery
CDs Direct Inc. reserves the right to change prices, colors, materials,
specifications, and quantities in our catalog, website, or elsewhere without
notice or obligation. Quoted or acknowledged delivery dates are only
estimates. Turn times are not guaranteed and are subject to seasonal
fluctuations. Intricate packaging options or products requiring a
non-standard template or manual production will take longer. Ask your
product specialist for an estimated delivery date. CDs Direct Inc. is not
liable for special, incidental, or consequential damages related to
omissions or errors in our catalog, website, or elsewhere.
Prices quoted in our catalog do not include freight. All shipping is FOB
Escondido Ca., unless indicated otherwise. Once a product shipment has left
CDs Direct Inc. premises, CDs Direct Inc. is not responsible for loss or
damage to the product. If there is damage, a claim should be filed directly
with the shipping company.
CDs Direct Inc. charges applicable sales tax when appropriate, as
required by law.
CDs Direct Inc. accepts cash, check, money order, VISA, MasterCard.
Companies requesting credit terms must fill out a credit application before
any order can be processed. Please allow seven business days for processing.
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 CDs Direct Inc.
reasonable legal fees and litigation/arbitration fees and costs) incurred by
CDs Direct Inc. in recovering any amounts owed to it by the Customer.
CDs Direct Inc. prices do not include shipping. Most orders ship via 2-day
service at standard ground rates. Some shipments over 3,000 pieces ship via
motor freight. Rates vary depending on your disc packaging. Due to
volatility in fuel prices and freight rates, please call for our
current shipping rates, or call your product specialist for a quote.
CDs Direct Inc. reserves the right to refuse or cancel any order.
Intellectual Property Rights Protection
CDs Direct Inc. 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 CDs Direct Inc.: (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 CDs Direct Inc. 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 CDs
Direct Inc. are not, or will not be, as a result of the execution and
delivery of this agreement or the performance by CDs Direct Inc. 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 CDs Direct
Inc. 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
CDs Direct Inc. reserves the right, at its sole discretion, to investigate
the ownership of any and all materials provided hereunder.
The customer agrees to provide CDs Direct Inc., upon request, all necessary
documentation of ownership or other legal rights, including without
limitation all pertinent copyright and licensing information. By reserving
these rights, CDs Direct Inc. does not in any way assume an obligation to
investigate or verify ownership of any materials provided by the customer,
and CDs Direct Inc.may rely on the customer's representations and warranties
herein and provided under CDs Direct Inc. Intellectual Property Rights Form
even if CDs Direct Inc. investigates such ownership.
If CDs Direct Inc. determines, or has reason to believe, that the customer
does not have the authority to produce the products sought hereunder, CDs
Direct Inc. will have no further obligations to the customer to provide any
products or any other services with respect to such materials, and CDs
Direct Inc. will return such materials to the customer.
Pricing and delivery
CDs Direct Inc. 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 CDs Direct Inc. 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.
CDs Direct Inc. 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, CDs Direct Inc.
has the right to sell, dispose of, destroy or use any such material on hand
in any way CDs Direct Inc. chooses without any liability by CDs Direct Inc.
to the customer or others.
CDs Direct Inc. 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 CDs Direct Inc. web site via FTP, email, or other means) for
manufacturing. As such, CDs Direct Inc. does not return such electronic
content to the customer upon completion of the order. CDs Direct Inc. 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 CDs Direct Inc.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. (CDs Direct Inc. 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 CDs
Direct Inc. can get one copy of the original finished product from the
customer at the time of reorder.
While CDs Direct Inc.will treat the customer's materials with the utmost
care, CDs Direct Inc. 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 CDs Direct Inc..
Customer's materials stored in CDs Direct Inc. 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 CDs
Direct Inc. premises.
CDs Direct Inc. 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
customers mailing list.
Warranty of product, limitation of liability, and indemnification
CDs Direct Inc. guarantees the customer's satisfaction with art and content
proofs. If CDs Direct Inc.cannot satisfy the customer, CDs Direct Inc. will
refund the entire deposit amount if customer wants to cancel the project.
However, once proofs are approved CDs Direct Inc. will charge for all work
and services performed, even if the project is subsequently canceled.
CDs Direct Inc. warrants that material produced and delivered by CDs Direct
Inc. meets CDs Direct Inc. 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 CDs Direct Inc. products are
unconditionally guaranteed against defects in quality and workmanship. If
any custom-manufactured product produced by CDs Direct Inc. from or through
the use of materials is found to be defective in quality, or is shipped or
labeled in error, CDs Direct Inc. will replace or repair defective product
and/or correct error in shipment or labeling at its own expense or, at CDs
Direct Inc. option, refund to customer part or all of the purchase paid to
CDs Direct Inc., on the condition that a) written notice of such defect or
error is received by CDs Direct Inc. at its office within thirty (30) days
after shipment by CDs Direct Inc. 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 CDs Direct Inc.
within the date indicated above, CDs Direct Inc. will be deemed to be
released by customer from any and all liability.
The customer shall return any defective product to CDs Direct Inc. should
CDs Direct Inc. so request. No merchandise may be returned to CDs Direct
Inc. without written return authorization by CDs Direct Inc.. 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 CDs Direct Inc.. The
RMA number must appear on your address label. CDs Direct Inc. reserves the
right to refuse delivery of any item returned without an RMA number.
CDs Direct Inc. 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.
Orders for products not yet manufactured by CDs Direct Inc. may be cancelled
by either party at any time. The customer will be responsible for all costs
incurred by CDs Direct Inc. 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 CDs Direct Inc. have
been paid in full by cash or check.