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Terms and Conditions of Sale

Please read our terms and conditions of sale prior to purchase. By purchasing from CD Baby Disc Manufacturing ("Company") you ("Customer") agree to the Terms and Conditions below.

Pricing and delivery

Company reserves the right to change prices, colors, materials, specifications and quantities in our catalog, web site, or elsewhere without notice or obligation.

Prices quoted in our catalog do not include freight. All shipping is FOB Pennsauken, NJ, unless indicated otherwise. Company is not responsible for loss or damage to the product once any product has left Company's premises.

Company charges state and local sales taxes where applicable.

Acceptance of a Customer's Purchase Order does not negate or invalidate any of the terms and conditions on this page. The terms and conditions on this page may not be amended unless a signed waiver on Company's letterhead is produced.

Payment terms

Company accepts cash, money order, VISA, MasterCard, Discover, American Express, and PayPal.

All orders must be prepaid in full, and are subject to a five percent (5%) production over or under run. For replication and duplication orders prepaid in full, including freight and applicable taxes, any overrun will be at no charge. In the unlikely event of an underrun, we will credit you in your original payment method by the appropriate amount.

Content policy

We will not manufacture, sell, distribute, or promote certain content, including content that we determine is hate speech, offensive, exploitative, abusive, pornographic, defamatory, inflammatory, false, fraudulent, unlawful or glorifies or promotes unlawful acts, or is otherwise objectionable.

Notwithstanding the above, Company believes in the Customer's right to create content the way it is intended to be consumed. As such, we will manufacture, sell, distribute, and/or promote content that contains profanity or explicit language, so long as it does not violate our Content Policy in the previous paragraph.

Intellectual Property Rights Protection

Company's Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their content.

The Customer represents and warrants to Company: (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 Company 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 Company are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Company 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 Company 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.

Company reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.

The Customer agrees to provide Company, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Company does not in any way assume an obligation to investigate or verify ownership of any materials provided by the Customer, and Company may rely on the Customer's representations and warranties herein and provided under Company's Intellectual Property Rights Form even if Company investigates such ownership.

If Company determines, or has reason to believe, that the Customer does not have the authority to produce the products sought hereunder, Company will have no further obligations to the Customer to provide any products or any other services with respect to such materials, and Company will return such materials to the Customer.

From time to time Company uses third-party partners and vendors (“Partners”) to provide some of its services. By using Company you grant us the right to transfer your content as may be reasonably necessary or desirable to any Partners we may use to provide our services or manufacture our products.

Company does not take any ownership of Customer's Intellectual Property. Company will use all reasonable efforts to protect and safeguard Customer's Intellectual Property while Customer's content is in Company's facility, on Company's servers, transmitted to Partners, in Partner facilities, or on Partner servers.

Pricing and delivery

Company reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of the Customer's order. Customer will be billed for actual amounts shipped.

The Customer's order will be delayed if the Customer has failed to provide to Company all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).

Quoted or acknowledged delivery dates are only estimated dates of delivery. Company specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.

Coupons, discounts, promotions and contest awards are non-transferable and expire 120 days after award (offer) date, unless an extended expiration is explicitly stated on the award. Coupons, discounts promotions and contest awards are not redeemable for cash, may not be replaced if lost or stolen and may not be used in conjunction with any other offer. Void if reproduced, purchased, traded, or sold.

In the event a Customer fails to pay within ninety (90) days for any work completed, or in the event a Customer fails to accept delivery or pick up their finished product within ninety (90) days from completion, Company has the right to sell, dispose of, destroy or use any such material on hand in any way Company chooses without any liability by Company to the Customer or others.

Warranty of product, limitation of liability, and indemnification

Company guarantees the Customer's satisfaction with art and content proofs. If Company cannot satisfy the Customer, Company will refund the entire deposit amount if Customer wants to cancel the project. However, once proofs are approved Company will charge for all work and services performed, even if the project is subsequently canceled.

Company warrants that material produced and delivered by Company meets Company's standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.

All custom-manufactured and/or printed Company products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Company from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Company will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Company's option, refund to Customer part or all of the purchase paid to Company, on the condition that a) written notice of such defect or error is received by Company at its office within thirty (30) days after shipment by Company 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 Company within the date indicated above, Company will be deemed to be released by Customer from any and all liability.

The Customer shall return any defective product to Company should Company so request. No merchandise may be returned to Company without written return authorization by Company. 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 Company. The RMA number must appear on your address label. Company reserves the right to refuse delivery of any item returned without an RMA number.

Company 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.

Company assumes that the Customer 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 Company's web site via FTP, email, or other means) for manufacturing. As such, Company is not obligated to return such electronic content to the Customer upon completion of the order. Upon request Company will return analog masters, original artwork, photos, transparencies, etc. furnished by the Customer upon completion and payment of the order.

Upon completion of any replication or printing order Company 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 30 days, after which time physical production masters will be recycled and the content stored digitally. For orders placed after November 2013, Customer art and content are digitally stored and archived for use when manufacturing a reorder.

Company will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls are employed to ensure security of systems and data.

While Company will treat the Customer's materials with the utmost care, Company 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 Company.

Customer's materials stored in Company's 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 Company's premises.

Order cancellation

Orders for products not yet manufactured by Company may be cancelled by either party at any time. The Customer will be responsible for all costs incurred by Company 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 Company have been paid in full by cash or check.

Company reserves the right to refuse or cancel any order for any reason.

Terms of Sale last updated February 22, 2023

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Email: info@duplication.cdbaby.com