|Terms Of Business
CD MANUFACTURING, CD
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.
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
Payment can be made via
Cash, Debit Card, Visa, Mastercard, American Express,
Company Cheque, Certified Cheque or Direct Bank Deposit
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.
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.
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.
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.
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
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.
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
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
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.
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.