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July 31, 2007 |
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Duplication Masters is happy to announce
that we are running Special Summer Discount Pricing
to celebrate the re-launch of our website.
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Your submission of materials to Duplication Masters for product
or services constitutes an agreement between you (“Customer”), and
Duplication Masters (“Seller”) on the following terms and conditions:
1. Prices: Customer
agrees to pay for all
services and materials
Customer orders from Seller
at prices listed on the
website at the time of
payment. Prices, colors,
specifications, and all
materials are subject
to change without notice
or obligation. Stated
pricing does not include
shipping, insurance or
any taxes incurred by
Seller.
2. Payment Terms: All
orders shall be prepaid,
in advance, by credit
card (Visa, Mastercard,
Discover, American Express).
Freight terms are FOB
origin and, thus, customer
shall bear all risk of
loss to all materials
during shipment.
3. Taxes: All
orders delivered within
the state of California
will be subject to California
sales tax.
4. Warranty: Seller
will not be liable for
any loss, damage or destruction
to any Customer Materials
unless the loss, damage
or destruction is caused
by the gross negligence
of Seller, its agents
or employees. In that
case, Seller’s only obligation
to Customer will be to
replace the Customer Materials
that are damaged or destroyed
provided that Customer
makes available to Seller
the elements needed to
manufacture a replacement.
No other warranty is in
affect or can be assumed
to be in affect.
5. Limitation and Disclaimer: Under no circumstances will Seller
be liable to Customer or anyone else for any direct or indirect consequential
damages (e.g. freight, repacking, lost profits, etc.) that result from any errors
or omissions by Seller, its agents or employees. Seller disclaims all other warranties,
expressed or implied, including any implied warranty of merchantability or of
fitness for a particular purpose with respect to Materials furnished by Seller.
Seller is not liable for any damages due to delays in delivery or production.
Seller’s maximum liability is for the amount Seller was paid by the Customer.
6. Representation and Indemnification by Customer: Customer
represents and warrants with respect to any and all recorded data and printed
materials delivered to Seller in connection with this Agreement that (i) Customer
has obtained all rights and permissions required to be obtained to have the data
and art work supplied by Customer to Seller replicated without infringing any
trademark, copyright, contract, property rights and paid any and all royalties
required to be paid, pursuant to any contractual agreements governing such materials,
and the Copyright Law of the United States of America and any other applicable
statutes or comparable law of any other jurisdiction regulating the rights and
use of recorded data and printed materials; (ii) the Materials do not contain
matter which constitutes a libel or defamation of, or an invasion of the right
of privacy or publicity of any individual; and (iii) the Materials do not contain
obscene and/or pornographic matter.
In consideration of Seller supplying products herein and providing the services
to the Customer under this Agreement, the Customer hereby indemnifies and holds
Seller harmless from and against any and all claims, threats, suits, penalties,
liabilities, costs and expenses (including without limitation, legal fees, costs
and disbursements) incurred, suffered or expended by or threatened against Seller
by reason of, or arising out of, any claim pursuant to any contractual agreement
governing the recorded data delivered to Seller pursuant to this Agreement and
any claim of infringement of copyright or of any claim for royalties pursuant
to the Copyright Law of the United States of America, or any other applicable
statutes or comparable law of any other jurisdiction regulating the rights and
use of recorded data and printed materials.
7. Force Majeure: Seller shall not be liable to Customer for
loss of any kind caused by events or circumstances beyond the immediate control
of Seller. Seller shall be excused from performance of its obligations under
this agreement for as long as events or circumstances beyond Seller’s control
prevent Seller from performing
such obligations.
8. General: This is the complete and entire understanding between
Seller and Customer. No other agreement can supersede this unless such agreement
is approved by Seller in writing. If Seller fails to enforce a provision of this
agreement such failure does not prevent future enforcement of the same provision.
This agreement all future agreements and orders between Seller and Seller are
governed by and construed in accordance with the laws of the State of California.
9. Masters & Artwork: Masters and artwork provided to Seller
will not be returned. Seller has no responsibility to maintain masters or artwork
past the completion of the project. Customer should retain a copy of any and
all masters and artwork supplied
to Seller.
10. Cancellation: Seller reserves the right to cancel any order.
Orders cancelled by the Customer are subject to cancellation charges up to the
full price of the project. Cancellation charges shall be determined by Seller.
Effective: July 1, 2006 |
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