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| Conditions of Use |
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Please read carefully before ordering.
Dubmax's complete CD and DVD packages include:
CD or DVD duplication/replication.
Glass mastering and plating from your supplied CD-R, DVD-R, or DLT master.
Three-color printing on disc.
Art proofs sent for your approval.
High-gloss, full-color printing on inserts, folders, or other printed materials.
All necessary packaging.
Intellectual Property Rights Protection
Dubmax reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided for manufacturing.
If Dubmax determines, or has reason to believe, that the customer does not have the authority to reproduce the product or materials provided, Dubmax will have no further obligations to the customer to provide any reproduction services or any other services under any agreements with respect to such product or materials, and will return such product or materials to the customer. By reserving these rights, Dubmax does not in any way assume an obligation to investigate or verify ownership of any and all intellectual property or other materals provided by the customer, and Dubmax will rely solely on the customer's representations and warranties, as provided under Dubmax's Product Information Form.
The customer represents and warrants 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 and trade names, copyrights, or other intellectual property rights relating to the customer's property subject to this agreement, including but not limited to the right to use certain films, music and sound recordings, pictures, software, etc.
The customer is not, or will not be, as a result of the execution and delivery of this agreement or the performance of the obligations hereunder, in violation of any intellectual property rights of third parties. No claims with respect to the customer's intellectual property rights or third party intellectual property rights are currently pending, or, 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 Makers 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.
The customer agrees to provide Dubmax, upon request, all necessary documentation for a supplied data source, including all pertinent copyright and licensing information.
Payment Policy
We are happy to accept cash, checks, money orders, VISA, MasterCard, Discover, and American Express.
For cash sales, Dubmax requires a 50% deposit with submission of your order. Balance of payment, subject to a 10% production under or over run, will be due upon completion of order, before shipping (no C.O.D.s). Supplies, rush orders, and reorders must be pre-paid in full, including freight.
Companies requesting credit must fill out a credit application before any order can be processed.
A purchase order is required before any open account order can be processed.
Past-due accounts placed for collection are responsible for all associated fees, including interest at 1% per month on the late balance.
Direct mail fulfillment orders always require postage to be paid before mailing. You will be informed of the exact postage after we receive your mailing list.
Billing Policy
All replication orders are subject to a production under or over run of up to 5%. Customers will be charged for actual quantities shipped. No charge for overs when order is prepaid in full including frieght.
If a client is supplying Dubmax with finished film for printing, any charges to accommodate that film to Dubmax's specifications will be billed to the client.
Shipping / Delivery Policy
Prices quoted in our shop do not include freight. Shipping on all duplication and printing units is FOB Baltimore, MD.
Freight prices are for shipments in the Continental 48 states only. Shipping to other areas subject to a custom quote.
Dubmax is not responsible for storage of any printed materials unless quoted. Extra printed materials will be returned with your shipment.
Quoted or acknowledged delivery dates are only estimated dates of delivery. Dubmax specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
In the event a client fails to pay within 90 days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within 90 days from completion, Dubmax has the right to sell, dispose of, or use any such material on hand in any way the company chooses.
Pricing Policy
Dubmax reserves the right to change prices, colors, materials, specifications, and quantities mentioned in our shop without notice or obligation.
Guarantee Policy
Dubmax guarantees the client's satisfaction with art proofs. If Dubmax cannot satisfy the client, we will refund the entire deposit amount if client wants to cancel project. However, once proofs are approved, we will charge for all work performed, even if the project is subsequently canceled.
Please note that your order will be delayed if you have failed to enclose all necessary materials (input media and technical spec log, artwork, deposit, or purchase order, full contact information).
Dubmax reserves the right to refuse any order.
All CD-R masters, artwork, photos, etc. furnished to Dubmax by the client remain the property of the client.
While Dubmax will treat the client's materials with the utmost care, Dubmax specifically denies liability for any damage or loss due to fire, casualty, or negligence while the client's materials are in the care and possession of Dubmax.
Clients should provide insurance coverage, as Dubmax's policy does not provide protection for client materials in our possession.
No merchandise may be returned to Dubmax without return authorization.
Dubmax limits liability to rerun or refund (at our sole option) on the services performed and product delivered, provided that the product is deemed defective by reason of workmanship or materials. Dubmax disclaims all liability for any consequential damage or losses, under any theory, for defects in material or workmanship. Reruns or refunds will be prorated based on the quantity of goods returned to Dubmax.
No product is replaced, or credit given, more than sixty (60) days after the client's receipt of the product.
All Dubmax products are unconditionally guaranteed against defects in quality and workmanship.
Limitation of Liability and Idemnification
Dubmax reserves the right to change prices, colors, materials, specifications and quantities in our shop, web site, or elsewhere without notice or obligation.
Dubmax 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.Dubmax shall under no circumstances be liable for special, incidental, or consequential damages related to omissions or errors in our catalog, web site, or elsewhere.
Duplicator Return policy:
Prior to returning a duplicator or printer, you must obtain an RMA from us at 1-888-382-6299. The RMA number must appear on your label. Units returned without an RMA number will be refused. Returns must be sent back in the original packaging with all accessories and documentation included. Special orders and closeout merchandise cannot be returned.
Duplicator and Recordable Media Restocking charges:
All returns authorized by Dubmax are subject to a 15% restocking charge and must be completed within 30 days of sale. Unauthorized product returns will not be accepted.
Please remember, your satisfaction is guaranteed! If you have any questions about our terms and conditions, please call your sales representative. |
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