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General Terms and Conditions (applies to all orders)
 

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.

Payment terms
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.

Shipping
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.

Order cancellation
CDs Direct Inc. reserves the right to refuse or cancel any order.

 

 

Custom Replication/Duplication Order Terms

 

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 connection herewith.

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.

Payment terms
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 customer’s 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.

Order cancellation
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.

 

 Compatibility and Disclaimers For CDR and DVDR Duplication Services

Although CDs Direct Inc will take every precaution to ensure the maximum quality of the final product, the final output quality is not guaranteed or implied. In no instance can the final output of a disc be better than the original source materials. The better the source original, the better the final output on the disc; the lower quality the original, the lower quality will be in the final output on disc.

Recordable media discs may not play on every player and universal compatibility cannot be guaranteed. The discs you receive from CDs Direct Inc are 100% compliant with the specifications set forth by the different agencies charged with defining standards for CD-R and DVD-R recording technologies. WE only produce high-quality, state-of-the-art products. Over 95% of the disc players on the market today will play your recordable media disc. These players are generally produced by the major manufacturers and are 100% recordable disc compliant. Some manufacturers, in a rush to get products to market, build their machines to work on most discs, realizing that some features of playback compatibility may not work. Many of these machines have problems playing certain commercial discs as well as recordable media discs. Compatibility with all playback devices is not and cannot be guaranteed or implied and no refunds will be made due to playback compatibility problems.

 ISRC and CD Text are not supported in our automated duplication process and will not be transferred from your master disc to subsequent copies. If support for ISRC codes or CD Text is required to be copied from your mailed-in master, you must contact us prior to placing the order for special processing and ordering instructions. Additional charges may apply for the specialized handling of the duplication process. Uploaded files do not support ISRC or CD Text.

Release from Liability

CDs Direct Inc shall not be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement.

CDs Direct Inc shall not be held liable or obligated to any remedial actions monetarily or otherwise for errors in the discs produced which are attributable to defects or errors in the source materials provided by the customer or as a result of errors in the disc content layout details submitted by the customer.

CDs Direct Inc make no express or implied warranties or representations with respect to this Agreement or any services or products offered, including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance.

 

 

 

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