Terms and Conditions

Pricing and delivery

CD Experts, Inc. 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. Items will be shipped from the nearest manufacturing facility depending on your location. CD Experts, Inc. is not responsible for loss or damage to the product once any product has left the plant.

CD Experts, Inc. has offices in the U.S. and Canada and facilities in North America and Europe. Canadian clients will be charged applicable tax, only as required by law.

Payment terms

CD Experts, Inc. accepts cash, check, money order, VISA, MasterCard, Discover, and American Express. Unless otherwise stated, published prices are in U.S. Dollars and reflect a 3% discount for payments made by cash or check.

Should any amount remain outstanding after its due date, interest shall run on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily. In addition to the foregoing, the Customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation reasonable legal fees and litigation/arbitration fees and costs) incurred by CD Experts, Inc. in recovering any amounts owed to it by the Customer.

Order cancellation

CD Experts, Inc. reserves the right to refuse or cancel any order.

Custom replication order terms Intellectual Property Rights Protection

CD Experts, Inc. participates in the Content Delivery & Storage Association's (CDSA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.

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

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

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

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

Pricing and delivery

CD Experts, Inc. reserves the right to produce and bill for production overruns or underruns up to ten percent (10%) 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 CD Experts, Inc. 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. CD Experts, Inc. specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.

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

CD Experts, Inc. assumes that the client 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 CD Experts, Inc.’ web site via FTP, email, or other means) for manufacturing. As such, CD Experts, Inc. is not obligated to return such electronic content to the customer upon completion of the order. CD Experts, Inc. will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.

Upon completion of any replication or printing order CD Experts, Inc. 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 12 months from the date the product was last ordered or reordered. (CD Experts, Inc. will keep electronic back-ups of graphics files for 7 years). After 12 months of inactivity those physical production masters and related parts will be recycled or discarded to create space for active titles. Customer reorders placed after more than 12 months of inactivity will not incur any extra charges so long as CD Experts, Inc. can get one copy of the original finished product from the customer at the time of reorder.

While CD Experts, Inc. will treat the customer's materials with the utmost care, CD Experts, Inc. 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 CD Experts, Inc..

Customer's materials stored in CD Experts, Inc. 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 CD Experts, Inc. premises.

Payment terms

CD Experts, Inc. requires a deposit of 70% of the purchase price with most custom manufacturing orders (your product specialist will inform you of the deposit requirements). The balance of the purchase price, subject to a ten percent (10%) production under or over run, is due upon completion of the order, before shipping (no C.O.D.s).

If replication orders are prepaid in full, including freight and applicable taxes, any overs will be at no charge.

Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.

Warranty of product, limitation of liability, and indemnification

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

CD Experts, Inc. warrants that material produced and delivered by CD Experts, Inc. meets CD Experts, Inc. standard specifications for the material or such other specifications as described and meets generally accepted industry standards.

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

The customer shall return any defective product to CD Experts, Inc. should CD Experts, Inc. so request. No merchandise may be returned to CD Experts, Inc. without written return authorization by CD Experts, Inc.. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.

CD Experts, Inc. 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.

Order cancellation

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

CD experts inc • suite 606 • 701 seneca street • buffalo, ny 14210 • 1.866.424.4020

Serving all of the United States including Alabama, Alaska, Arizona, Arkansas, California Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Masschusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.And all of Canada including Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland & Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and the Yukon.