| DiscKwik Mfg. (subsidiary of HRA Holding Co. Inc.) - TERMS AND CONDITIONS OF SALE Pricing, Shipping, Quantities, Payment, and Cancellations: Customer agrees to pay for DiscKwik Mfg. mastering, duplication and replication, labeling, art, film, printing, packaging or any other services at prices stated in DiscKwik Mfg. provided quotes and pricing shall be effective for 30 days. DiscKwik Mfg. may change any provision of these price schedules with notice. All quantities are billed +/-10% of quantity ordered by Customer and unused printing overages may be discarded without notice. DiscKwik Mfg. pricing does not include sales & use, excise, or similar taxes. Customer bears all risk of loss to all materials during shipping or storage by DiscKwik Mfg. Delivery of products, services & materials shall be made on a “best efforts” basis and DiscKwik Mfg. makes no guarantee or warranty as to delivery time. DiscKwik Mfg. shall not be liable in any way if customer’s desired shipping date is not met, for any reason. DiscKwik Mfg. invoices are due on receipt. A 100% quoted and invoiced payment is required in certified funds, to process orders and, credit card payment waives -5% “cash quoted pricing”. 5% will be added to the quoted amount for that form of payment. Cancellations will be calculated by dated written notice from Customer and billed at amount of order completion. Customer shall maintain copies of all provided media used to manufacture Customer products. Any conflicting or different terms in any Customer documents not contained within DiscKwik Mfg. policy or terms and agreement are null and void. Collection of Past Due Balances, NSF Checks, Holding Product & Components, etc. in Lieu of Payment: Customer agrees to pay all attorney fees, court costs and ALL associated costs of collection of sixty day overdue balances. Overdue balances will accrue 1.5% interest every 30 days and will be invoiced to Customer. At sixty days, unpaid overdue balances will place all pending orders on hold until which time all overdue balances are paid in full. All Customer Supplied Contents and unshipped manufactured products will become property of DiscKwik Mfg. at 90 days overdue and considered to be “abandoned property”. Abandoned property shall be sold towards overdue balance and all liability of sales will be born by Customer alone. Sales and collection action will continue until remainder of debt is satisfied. $35. (thirty five dollars) will be invoiced for NSF check charges. Authority to Manufacture/ Customer Indemnification- Customer supplied Data, Artwork & Other Materials: Customer represents and warrants that they possess the legal right and authority to reproduce their product(s). All liability is born by customer alone as to reproduction, replication, duplicating or printing for sale and/or distribution to third parties. The Customer submitted master content and artwork or any other Customer Supplied Content is warranted by customer not to infringe any trademark, copyright, contract, property right, or any other third party rights of any kind, whether statutory, legal or equitable. Under these parameters, Customer hereby grants DiscKwik Mfg. the right to manufacture Customer Supplied Contents. Customer will indemnify and hold blameless DiscKwik Mfg., it’s principles, vendors, employees, etc. from any loss, claim, liability and any legal expenses of violated copyright, trademark, proprietary right, or any other claims by any third party. Limited Replacement Warranty: Customer has pre-approved the functionality and suitability of the Customer Supplied Contents, and releases them to DiscKwik Mfg. for manufacturing. DiscKwik Mfg. warrants that all their materials and workmanship products are free from defect. If DiscKwik Mfg. manufactured product is found to be defective, customer must make claim within 5 days of receipt of product and the cost of return freight for that product is the Customer’ s responsibility. This warranty does not include failure due to use, mishandling, accident or failure due to functionality of component content. All artwork must be in accordance with DiscKwik Mfg. specifications and for any costs of corrective actions; Customer will be notified prior to further processing. Customer will be notified of any obvious flaws in Customer Supplied Contents but DiscKwik Mfg. shall have no duty to perform such checks and shall not be responsible for the quality or accuracy of Customer Supplied Content or Components. All coloring in printed materials and full color discs are guaranteed within 10% color shading and requires a matchprint with the films for that warranty. BY ACCEPTING DISCKWIK MFG. SERVICES AND PRODUCTS, CUSTOMER HAS READ, UNDERSTANDS AND AGREES FULLY,ALL DISCKWIK MFG. TERMS AND CONDITIONS OF SALE. PLEASE MAKE CERTIFIED FUNDS PAYABLE TO HRA HOLDING COMPANY, INC. OR HOWARD AXTELL, INDIVIDUALLY. SIGN ________________________________ DATE __________________ POSITION _________________ PRINT NAME ________________________________ COMPANY __________________________________ |
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| PLEASE COPY Terms & Conditions, PRINT OUT, SIGN & SEND WITH 1ST ORDER. Go to IPR form page and do same for each new order. |
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