The following Terms and Conditions apply to all orders and transactions for products and services provided by Business Replication and Print, Inc. and its affiliates.
CUSTOMER REPRESENTATION / DISC CONTENT
Customer warrants that: (a) they are the owner, the authorized agent of the
owner, or the licensee of all contents and material provided to Business
Replication; (b) the customer agrees to indemnify, defend, and hold Business
Replication harmless against any claims and/or liability resulting from claims
that any law, patent, copyright, trademark, trade-name, proprietary right, or
other right of any third party has been infringed by the mastering,
duplication, replication, distribution, sale, rental or use of material; (c)
the customer attests that the media presented to Business Replication is
“duplication/replication ready,” that it conforms to industry standard
specifications, and that the content and quality of the master has been
reviewed and approved for duplication and/or replication.
Business Replication does not encode, duplicate, replicate, or print any
"Adult" content or content that the management deems “offensive”. Materials
that management deems “Adult” or “offensive” will be returned to the
customer.
DISC Content Development / PROOFING
Responsibilities
Business Replication will provide a CD-R or DVD-R proof any time we create or
alter disc content. This includes video to disc conversion, DVD authoring, CD
authoring, and CD/DVD pre-mastering. It is the customer’s responsibility to
carefully review and approve the disc content before disc manufacturing
begins. Once approved, Business Replication will continue with disc
duplication/replication matching the approved master disc “as is”. Any errors
discovered after the proofs discs are approved for production are the
responsibility of the customer.
LIABILITY
LIMITATIONS
The master material you provide will be duplicated/replicated “as is.” Business
Replication is not liable for defects and/or deficiencies on duplicated or
replicated media that appear as a result of defects/deficiencies on your master
or as a result of any changes you direct us to make to your master. Business
Replication assumes no liability, nor does our insurance cover failure or delay
for performance caused directly or indirectly by an act of God, a strike, a
lockout, a fire, a transportation failure, an equipment failure, or loss or
damage to the customer’s master or other material. To protect your original
master against loss or damage, Business Replication highly recommends that
customers provide a sub-master for duplication/replication rather than the
original master. For tracking purposes, masters and other material provided to
Business Replication must be labeled with a company name, a contact name, a
phone number, a title, the total running time, and audio information.
VERBAL AGREEMENTS
All agreements must be in writing. To ensure clarity and avoid
misunderstandings, no verbal agreements will be made. If you believe an
agreement has been reached or implied, it is your responsibility to ensure that
the agreement is put into writing at the time of the original order, the
amended order, or any and all other modified versions or supplements of the
aforementioned order.
WRITTEN
ESTIMATES
Business Replication provides a written estimate for all projects. Written
estimates are commonly sent via e-mail, as e-mail attachments, fax, or US
mail. All published prices shown on the Internet or via promotion should be
confirmed in writing by Business Replication to avoid misunderstandings,
confusion, or errors. Unless otherwise stated in writing, Business
Replication quotes are effective for 30-days.
QUALITY
ASSURANCE
If any material provided by Business Replication is defective or is erroneously
labeled or packaged, Business Replication, at its own expense, will promptly
replace, repair or remedy the defect/error provided that: (a) written notice is
received within five days of product delivery or acceptance; (b) the defective
material is returned to Business Replication; (c) the damage or defect was
directly related to the manufacturing process and not a result of customer’s
failure to meet industry standard submission specs for masters, graphic layout
files, customer provided content and customer submitted materials or a third
party. Liability is limited to the replacement cost
only, and does not include the loss of sales or profit.
OVER-RUN /
UNDER-RUN POLICY
Disc replication and commercial printing is a custom manufacturing process.
While Business Replication will make every effort to attain your exact order
quantity, these manufacturing processes may result in an over/under quantity
variance. Unless otherwise agreed upon in writing, your order may be subject
to the following over/under run variances.
For orders less than 10,000 units: +/- 5%
For orders less than 50,000 units: +/- 3%
For orders greater than 50,000 units the over/under quantity variance will be
negotiated on a per job basis.
The amount invoiced will reflect the actual quantity produced.
SHIPPING
Shipping costs are additional. The shipping costs vary with the method of
delivery and the delivery location. All delivery instructions should be
provided in writing. Deliveries to multiple locations will require additional
handling charges. Business Replication will provide an estimate of the
shipping costs before shipping. If the customer requests a particular shipper
or method of shipping, or desires insurance on a shipment, the additional cost
will be passed on to the customer. Business Replication is not responsible for
goods damaged, delayed, or lost during shipping. The customer should work
directly with the shipper to resolve any shipping complaints.
CANCELLATION
If the customer cancels an order before, during, or after completion of the
project, the customer is liable for all costs incurred up through the day of
cancellation, including all products and services expensed to the point of
cancellation.
PAYMENT
Unless otherwise agreed upon in writing, payment-in-full is required at or
before the time of pick-up, delivery or shipping. Many projects will require a
deposit to begin production. Business Replication reserves the right to retain
the master and other material/s until payment has been received in full.
Business Replication accepts cash, check or credit card (American Express,
MasterCard and Visa) for payment. Returned checks will incur a $25.00 fee and
will accrue interest of 1.5% per month on past-due balances. California Sales
Tax will be charged on all orders delivered within the state of California
unless a valid California Certificate of Resale form is provided to Business
Replication when the order is placed.
Venue
This Agreement shall be governed and construed in accordance with the laws of
the State of California. Any controversy or claim arising out of, or relating
to, this Agreement, shall be submitted to arbitration in Placer County,
California. Customer consents to the jurisdiction of the District and Circuit
Courts of Placer County, California in any action or proceeding relating to
this Agreement and waives any claims that such forum is inconvenient.
Please contact us if we may be of any assistance ( 916.789.9929 or service@dvdreplication.com ). Customer service representatives are available Monday - Friday from 7:30 AM to 5:30 PM Pacific Time).
All orders are subject to our Standard Terms and Conditions.