All orders are subject to our acceptance and are subject to the following terms and conditions:
l. The terms and conditions stated below shall take precedence over any other terms and conditions and no contrary, additional or different terms or conditions shall be binding on Cassette Works unless accepted by Cassette Works in writing.
2. The minimum acceptable order for audio cassette duplication shall be 250 copies per master. There is no minimum order for CD or DVD duplication.
3. Custom duplicating orders shall be subject to over/under runs of plus or minus ten percent (10%). Cassette Works shall use its best efforts to minimize such variations. Invoices shall reflect actual quantities shipped-
4. Quotations shall be effective for a thirty (30) day period from the quotation date and shall be subject to exact production requirements.
5. Once a client has provided production materials it is considered a submitted order and is valid unless canceled by the client before production. All orders shall be subject to the approval of Cassette Works' Credit Department. Said orders shall not be considered binding or valid until accepted by the Company.
6. All prices quoted shall be exclusive of applicable taxes and freight charges, Applicable taxes and freight charges shall be invoiced as separate items.
7. Written purchase orders shall be required prior to the commencement of production.
8. Cassette Works shall not duplicate copyrighted material without the express written consent of the copyright owner. Cassette Works reserves the right to refuse to accept a duplication order if, in its judgment, fulfillment of the order would involve violation of the copyright law. Obtaining copyright consent(s) shall be the sole responsibility of the Customer and not that of Cassette Works, who shall act only as a supplier of duplication services. Customer shall indemnify and hold Cassette Works harmless from any and all loss, claim, damage or liability resulting from the use of any copyrighted material duplicated by Cassette Works for said Customer.
9. All bids are valid for seven (7) days unless otherwise stated.
TERMS OF PAYMENT
1. Terms of payment shall be fifty percent (50%) of the price accompanying the order and the balance upon completion of the order.
2. Interest shall be charged at the rate of one and a half percent (l˝%) per month on the outstanding balance for any past clue account.
3. There shall be a Twenty-Five Dollars ($25.00) charge on any check returned for non sufficient funds (NSF).
4. In the event that Customer fails to pay for any order within one hundred eighty (180) days from the time said order is completed and invoiced, Cassette Works reserves the right to sell, dispose of, or make any other use of the order material on hand in order to satisfy the Customer's outstanding account. Any and all order material Sold, disposed of or used to satisfy the Customer's account shall be deemed to be the sole property of Cassette Works.
5. All notices to cancel or modify the whole or any part of an order shall be made to Cassette Works in writing. Customer shall be responsible for all costs incurred by Cassette works prior to receipt of said notice of cancellation. Similarly, customer shall be responsible for all costs incurred by Cassette Works and necessitated by the modification of the original order.
DAMAGES, SHORTAGES AND ERRORS
1. Cassette Works' responsibility for shipments shall cease when said shipments are signed for by the freight carrier. Any and all claims for shortages (carton count) or damages shall be filed by the Customer with the delivering carrier.
2. Upon receipt of shipment, it shall be the responsibility of Customer to count the number of cartons delivered and inspect for visible damages. The Customer shall note any damages, shortages or other exceptions on the receiving document and shall require the delivering carrier to sign the receipt of shipment prior to Customer's signing of said receipt of shipment. Customer shall file its claim immediately with the delivering carrier.
3. Any and all claims for concealed damages shall be filed in writing as soon as detected and not later than fifteen (15) working days after receipt of any merchandise. Customer shall request inspection by the delivering carrier and shall obtain an inspection report. Customer shall submit to Cassette Works for its consideration a copy of the delivering carrier's inspection report.
4. Any and all claims for shortages (inside carton) and/or errors in the shipment, shall be filed in writing within two (2) working days after the day on which the merchandise was received.
5. Shipments of vinyl albums under cold conditions can cause "cold crack" (hairline cracks of the vinyl). Although special precautions are taken for shipping to colder climates, Cassette Works shall not be liable for any loss due to such cold crack damage.
6. Upon Customer's written request, Cassette Works shall produce and furnish test cassettes and copy proofsheets to Customer at Cassette Works' then prevailing rate. Cassette Works shall not be liable for order errors under the following circumstances:
(a) The Customer has not requested test cassettes and/or copy proofsheets;
(b) The Customer has refused to accept the test cassettes and/or copy proof sheets;
(C) The Customer has failed to indicate changes on the test cassettes and/or copy proofsheets; and
(d) The Customer has instructed Cassette Works to proceed without submission of test cassettes and/or copy proofsheets.
All shipments shall be made F.O.B., Cassette Works’ plant. Shipments shall be made by surface transportation by carriers of Cassette Works' choice in accordance with Cassette Works' standard transportation policy, unless otherwise requested in writing by the Customer.
Materials delivered from Customer or his suppliers to Cassette Works shall be verified with delivery tickets as to cartons, packages or items shown only. The accuracy of quantities indicated on such delivery tickets cannot be verified. Cassette Works shall not accept liability for shortages based on supplier's delivery tickets.
Title for finished merchandise shall pass to the Customer upon delivery to the freight carrier at the shipping point or upon mailing of the invoice for said finished merchandise, whichever occurs first.
DELIVERY DATES AND NON DELIVERY
1. Delivery dates shall be quoted by Cassette Works at the time orders are accepted for production. RUSH orders may be accommodated at a surcharge, subject to Cassette Works' current requirements and work load.
2. Delivery dates are estimate dates only and may be lengthened by customer delays or other conditions beyond Cassette Works' control. Cassette Works shall use its best efforts to meet projected delivery dates acknowledged on receipt of orders. Cassette Works shall not be responsible for delays in shipments resulting from delays or other conditions beyond the control of Cassette Works.
3. Cassette Works’ nonperformance of its obligations to deliver any merchandise ordered hereunder shall be excused if such nonperformance is occasioned by any strike or other labor trouble, flood, fire, accident, or any other casualty, act of God, war, governmental restrictions, shortage of or inability to obtain raw materials, damage caused by the elements, failure of equipment, or other cause of like or unlike nature beyond the control of Cassette Works.
Cassette Works Shall not accept merchandise for return without the prior written authorization from Cassette Works. A Customer shall comply with the terms of return set forth in said written authorization. Any claim for return of merchandise shall be made within seven (7) days from receipt of said merchandise.
1. Notwithstanding term and provision number 5 under TERMS OF PAYMENT and that under TRANSPORTATION, any and all master tapes, art work, photographs, labels, etc., furnished by Customer Shall remain the sole property of the Customer- Cassette Works shall not be liable for any damage or loss due to fire or casualty while said materials are in storage. Any and all masters, negatives, plates, etc., supplied by Cassette Works shall remain the sole property of Cassette Works.
2. Cassette Works Shall accept no responsibility for Customer's master tapes, inventory, printing, etc., held in storage for a period exceeding one (1) year from the date of completion of the last order. After one (1) year from the date of completion of the last order, Cassette Works reserves the right to dispose off all Customer's material if the Customer cannot be contacted and/or refuses to accept such material. Customer shall be responsible for fees arising out of the shipping or collecting for such materials. Cassette Works acts only as a subcontractor for the Customer and shall not be responsible for royalties, talent fees, copyrights, excise taxes or other expenses involved through the production and/or distribution of Customer's tapes or printed material.
Cassette Works Shall provide drop shipping and storage services on an individual Customer requirement. A minimum Five Hundred Dollars ($500.00) advance deposit toward freight, handling and storage Shall be required.
Cassette Works warrants that the merchandise sold hereunder shall be free from defects in manufacturing, labeling and/or packaging. Cassette Works' obligation under this warranty shall be limited to the replacement of any product which may thus prove defective within 90 days from the date of purchase by the original purchaser. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON CASSETTE WORKS' PART.