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Terms Of Business  CD MANUFACTURING, CD DUPLICATION

CDwest.ca (herein referred to as Precision Disc) is a brand of Precision Disc Manufacturing Corp., a licensed and incorporated business located in Surrey, British Columbia Canada.

Submission of an order constitutes an agreement for services between Precision Disc and the Customer and/or Signatory (herein referred to as the Customer) as identified on the Customer's submitted Purchase Order or our Order Forms. Once placed, all orders are final.

The Customer acknowledges that their order cannot be released until all required production materials are supplied to Precision Disc in final form and in proper working order (ie: ready to manufacture as supplied) as per the requirements and specifications as published by Precision Disc on www.CDwest.ca. Furthermore, the Customer acknowledges that any delay in providing production materials as per Precision Disc's requirements and specifications will, in turn, delay the start date for the order and all ready-by dates agreed upon, whether written or oral, may be delayed.

Terms Of Payment

Your order can not be released until full payment has been received. A delay in receiving payment will delay your order and jeopardize any "deadline" or "rush" ready-by dates previously discussed.

A minimum of 50% downpayment is required at the time your order is placed unless an alternate payment arrangement has been agreed to in writing by our Billing Department. Unless an alternate arrangement has been agreed to in writing by our Billing Department, a delay in receiving your downpayment will delay the start of your order and jeopardize any "deadline" or "rush" ready-by dates previously discussed.

The balance of your invoice must be paid in full prior to any goods being released/shipped.

Payment can be made via Cash, Debit Card, Visa, Mastercard, American Express, Company Cheque, Certified Cheque or Direct Bank Deposit (wire transfer).

Precision Disc may terminate this Agreement or suspend deliveries if the Customer fails to make payment required under this agreement. Any amounts outstanding after its ready-by date shall incur daily interest at the rate of two percent (2%) per month, twenty-four percent (24%) per annum. Not withstanding any other term in this agreement, Precision Disc may choose at any time and at its sole discretion to decline to make any shipment or delivery or perform any work unless payment is received in full. The Customer agrees to pay all costs, fees, changes or expenses of every nature (expressly including reasonable Legal fees) incurred by Precision Disc in recovering overdue payments.

Product Overs/Unders

Due to the inherent nature of manufacturing custom-made products it is considered fair business practice to supply slightly more or slightly less (not to exceed 5% over or under, depending on the quantity ordered) than the quantity of product ordered. The Customer is only required to pay for the units they receive, the final invoice will reflect the exact quantity supplied, and the Customer agrees to pay for the same.

Ready-By Dates

Every effort will be made to fill orders within the timeline quoted at the outset of the project, however, ready-by-dates (whether written, oral, or implied) are not guaranteed.

The Customer acknowledges that, due to the inherent nature of manufacturing custom-made products, delays can occur and Precision Disc Manufacturing Corp. assumes no responsibility for any damages or consequences growing out of or owing to any delays and is not responsible for compensation to the client over and above Precision Disc's Warranty Policy.

Due to this we strongly recommend that all product related releases, events, or performances are not booked/scheduled until the product is in the Customer's possession and meets with their approval.

Shipping

Unless otherwise specified in writing, all quotations are F.O.B. Precision Disc, Surrey, B.C. Canada (ie: shipping costs are extra). Precision Disc is not responsible for loss, damage or delay of products after they have left our premises.

Intellectual Property Representations & Warranties

The Customer hereby grants to Precision Disc non-exclusive license to manufacture the product from the master recordings provided, and to use any related photographs, biographical material, label data, designs, artwork, or any other materials provided to Precision Disc hereunder by the Customer, for that purpose.

The Customer represents and warrants that he/she is either (A) the true and rightful owner of, or (B) the possessor of legally enforceable worldwide licensing and/or right, for all aspects of intellectual property pertaining to their order which is inclusive of disc content and graphic design content. Furthermore, the Customer agrees to indemnify, defend, protect and hold harmless Precision Disc and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees and employees (collectively Indemnified Parties) against any and all liabilities, losses, claims, damages, actions, investigations, and legal proceedings of any kind, from any party, arising out of the Customer's rights, or lack thereof, to the use of the intellectual property or any aspect of the contents of their order.

Warranty Policy

Precision Disc Manufacturing Corp. warrants that our products will be free from manufacturing defects or the defective products will be repaired or replaced at our discretion as per the definitions and guidelines noted in Warranty Policy on www.CDwest.ca.

Defective product must be reported to Precision Disc no later than 14 calendar days after the product has either [A] been received by the client, or [B] reached its shipping destination, or Precision Disc will be deemed to be released from any and all liability. Precision Disc's liability for defective product is limited solely to product replacement or repair, as the case may be, and shall not extend to any further liabilities whatsoever. The forgoing warranties are exclusive and are in lieu of all other warranties (whether written, oral, or implied) including warranty of merchantability in other respects than expressly set forth above.

Force Majeure

Neither party shall be liable for its failure to perform here under due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers. The party whose performance is prevented by such contingency shall have the right to omit during the period of such contingency. All or any portion of the quantity deliverable during such period, whereupon the total quantity deliverable under this Agreement shall be reduced by the quantity so omitted. If, due to any such occurrence, Precision Disc is unable to supply to total demands for any Product for any Product specified in this agreement, Precision Disc shall have the right to allocate its available supply among its Customers in a fair and equitable manner.

No Modification

These Terms and Conditions may not be modified orally, no waiver amendment or modification shall be binding or effective unless in writing and signed by the party to be bound.

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