Custom replication/duplication order terms
Pricing and delivery
Disc Production Services reserves the right to change prices, colors, materials, specifications and quantities on this web site, or elsewhere without notice or obligation.
All shipping is FOB Pennsauken, NJ, unless indicated otherwise. Disc Production Services is not responsible for loss or damage to the product once any product has left Disc Production Services' premises.
Disc Production Services maintains offices and facilities in several states and charges applicable sales tax when appropriate, as required by law. Disc Production Services has nexuses in the following states: CA, IL, ME, NJ, NY, OR, TN, WA, and WI.
Intellectual Property Rights Protection
Disc Production Services' Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their content.
The customer represents and warrants to Disc Production Services: (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 Disc Production Services 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 Disc Production Services are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Disc Production Services 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 Disc Production Services 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.
Disc Production Services reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide Disc Production Services, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Disc Production Services does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Disc Production Services may rely on the customer's representations and warranties herein and provided under Disc Production Services' Intellectual Property Rights Form even if Disc Production Services investigates such ownership.
If Disc Production Services determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Disc Production Services will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Disc Production Services will return such materials to the customer.
Delivery and Content (Art files and Master)
The customer's order will be delayed if the customer has failed to provide to Disc Production Services all necessary materials in the Project Center (including without limitation master, graphics, Intellectual Property Rights Form, and delivery address), and complete checkout with payment.
Quoted or acknowledged delivery dates are only estimated dates of delivery. Disc Production Services specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
Disc Production Services 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 Disc Production Services' Project Center, email, or other means) for manufacturing. As such, Disc Production Services is not obligated to return such electronic content to the customer upon completion of the order. Disc Production Services 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 Disc Production Services 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. (Disc Production Services 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. While Disc Production Services will treat the customer's materials with the utmost care, Disc Production Services 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 Disc Production Services.
Customer's materials stored in Disc Production Services' 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 Disc Production Services' premises.
Disc Production Services accepts VISA, MasterCard, Discover, and American Express. All custom manufactured orders are prepaid in full, including freight and applicable taxes. Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.
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, Disc Production Services has the right to sell, dispose of, destroy or use any such material on hand in any way Disc Production Services chooses without any liability by Disc Production Services to the customer or others.
Warranty of product, limitation of liability, and indemnification
Disc Production Services guarantees the customer's satisfaction with art and content proofs. If Disc Production Services cannot satisfy the customer, Disc Production Services will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved Disc Production Services will charge for all work and services performed, even if the project is subsequently canceled.
Disc Production Services warrants that material produced and delivered meets generally accepted industry standards.
All custom-manufactured and/or printed Disc Production Services products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Disc Production Services from or through the use of materials is found to be defective in quality, Disc Production Services will replace or repair defective product. At Disc Production Services' option they may refund to customer part or all of the purchase paid to Disc Production Services, on the condition that a) written notice of such defect or error is received by Disc Production Services at its manufacturing plant in NJ within thirty (30) days after shipment by Disc Production Services 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 Disc Production Services within the date indicated above, Disc Production Services will be deemed to be released by customer from any and all liability.
The customer shall return any defective product to Disc Production Services should Disc Production Services so request. No merchandise may be returned to Disc Production Services without written return authorization by Disc Production Services. 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 Disc Production Services. The RMA number must appear on your address label. Disc Production Services reserves the right to refuse delivery of any item returned without an RMA number.
Disc Production Services 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.
Disc Production Services reserves the right to refuse or cancel any order. Orders for products not yet manufactured by Disc Production Services may be cancelled by either party at any time. The customer will be responsible for all costs incurred by Disc Production Services 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 Disc Production Services have been paid.