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.
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.
Content Development / PROOFING
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 customers 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.
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 customers 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.
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.
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.
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 customers 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.
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 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.
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.
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.
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.