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 I want to see the special addendum for the Micah's Value Packages (relaxed turn/reduced price) offerings. |
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| The Fine Print |
Please go ahead and actually take the time to
read this. You’ll make our legal team happy that they spent
the [billable] time to write it. Then again, due to the “billable”
part they’re probably happy already…
Intellectual
Property Rights Pricing and delivery
Oasis Disc Manufacturing, a division of Audio and Video Labs Inc. (OASIS)
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 Delair, NJ unless indicated otherwise. Oasis is
not responsible for loss or damage to the product once it has left
Oasis’ premises. Oasis charges applicable sales tax when appropriate,
as required by law.
Payment terms
Oasis accepts cash, check, money order, VISA, MasterCard, Discover,
and American Express. Companies requesting credit must fill out a credit application before
any order can be processed. A purchase order is required prior to
processing any open account order. No work can proceed on any order
until the appropriate deposit has been received, with the exception
of purchase order projects from approved companies or government entities.
Should any amount remain outstanding after the due date, interest
shall be due on that amount from the initial billing date at the rate
of one percent (1%) per month (12% per annum) and will accrue daily.
In addition, you agree to pay any and all costs, fees, charges, or
expenses (including without limitation all reasonable legal fees and
litigation/arbitration fees and costs) incurred in recovering any
amounts owed to Oasis by you.
Right to refuse service
Oasis reserves the right to refuse or cancel any order.
Terms of Service
Oasis respects and adheres to the International Recording Media Association's
(IRMA) Anti-Piracy Compliance Program, which protects property rights
owners from the unauthorized recording or distribution of their content.
You represent and warrant to Oasis: (1.) that you are the true and
rightful owner of, or are licensed or otherwise possess legally enforceable
rights to use the registered and unregistered rights, titles, and
interests in and to any trademarks, service marks, trade names, copyrights,
or other intellectual property rights relating to the materials provided
to Oasis by you under this agreement, including but not limited to
the right to reproduce, manufacture and otherwise use the materials:
(2.) that you and Oasis are not, or will not be, as a result of the
execution and delivery of this agreement or the performance by Oasis
of the obligations hereunder, in violation of any intellectual property
rights of third parties; and (3.) that no claims with respect to your
intellectual property rights or third party intellectual property
rights in the materials are currently pending, nor to your knowledge,
are threatened by any person, nor, do grounds for any such claims
exist.
You agree to indemnify, defend, protect, and hold harmless Oasis 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 any claim, demand, proceeding, or lawsuit
by a third party based on any assertion that the services provided
to you under this agreement breaches the patent, copyright, trademark,
trade secret, or other proprietary right of such third party and/or
any breach of any representation or warranty you set forth in this
agreement or the form, Intellectual Property Ownership Agreement,
Purchase Order, or in any other form or document in connection herewith.
Oasis reserves the right, at its sole discretion, to investigate the
ownership of any and all materials provided hereunder.
You agree to provide Oasis, upon request, all necessary documentation
of ownership or other legal rights, including without limitation all
pertinent copyright and licensing information. By reserving these
rights, Oasis does not assume any obligation to investigate or verify
ownership of any materials provided by you, and Oasis may rely on
your representations and warranties herein and provided under Oasis’
Intellectual Property Rights Form even if Oasis investigates such
ownership.
If Oasis determines, or has any reason to believe, that you do not
have the authority to produce the products sought hereunder, Oasis
will have no further obligation to provide any products or any other
services with respect to such materials, and will return such materials
to you.
Pricing and Payment Policies
Because of quality-control considerations, it is seldom possible to
produce the exact number of units ordered, therefore Oasis reserves
the right to produce and bill for production overruns or underruns
up to five percent (5%) of your order. You will be billed only for
the actual number of units shipped.
Your order will be delayed if you fail to provide Oasis with all necessary
materials (including your master, graphics, deposit, signed estimate,
signed Intellectual Property Rights Form, and Audio Track Listing).
While Oasis is well-known for going the extra mile to meet client
deadlines, quoted or acknowledged delivery dates are estimated dates
of delivery and are not guaranteed. Oasis specifically disclaims liability
for delays in delivery and any resulting consequential damage or losses.
In the event you fail to pay within ninety (90) days for any work
completed, or in the event you fail to accept delivery of finished
product within ninety (90) days from completion, Oasis has the right
to sell, dispose of, destroy, or use any such material on hand in
any way Oasis chooses without any liability by Oasis to you or others.
Better safe than sorry – Backups and Insurance
Oasis assumes that you have 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 Oasis’ web site via FTP, email, or other means)
for manufacturing. As such, Oasis is not obligated to return such
electronic content to you upon completion of the order. Oasis will
return analog masters, original artwork, photos, transparencies, etc.
furnished by you upon completion and payment of the order.
While Oasis will treat your materials with the utmost care and respect,
Oasis specifically denies liability for damage or loss due to fire,
casualty, act of war whether declared or undeclared, act of God, or
negligence while your materials are in the care and possession of
Oasis.
Materials stored in Oasis’ premises are not insured and are
stored strictly at your risk. You agree to carry insurance coverage
for your materials while at and in transit to and from Oasis’
premises.
Payment Terms
Oasis requires a deposit of 50% of the purchase price with most manufacturing
orders (your Client Advisor will calculate the deposit amount for
you). The balance of the purchase price, subject to a five percent
(5%) production under or overrun, is due upon completion of the order,
before shipment (sorry, no C.O.D.s).
There is no charge for overages if your manufacturing order is prepaid
in full, including freight and applicable taxes.
Rush orders must be prepaid in full, including freight and any applicable
taxes.
Direct mail fulfillment orders require postage to be paid before mailing.
You will be informed of the exact postage after we receive your mailing
list.
Warranty of product, limitation of liability,
and indemnification
Oasis guarantees your satisfaction with art and content proofs. If
we cannot satisfy you, Oasis will refund the entire deposit amount
if you elect to cancel the project. However, once proofs are approved
you will be charged for all work and services performed, even if the
project is subsequently cancelled.
Oasis warrants that material it has produced and delivered meets Oasis’
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 products are unconditionally
guaranteed against defects in quality and workmanship. If any custom-manufactured
product produced by Oasis from or through the use of materials is
found to be defective in quality, or is shipped or labeled in error,
Oasis will replace or repair defective product and/or correct any
error in shipment or labeling at its own expense or, at Oasis’
option, refund to you part or all of the purchase paid to Oasis, on
the condition that a.) written notice of such defect or error is received
at Oasis’ office within thirty (30) days after product ships
to you, and b.) the defect or error did not result from a defect or
error in the materials you or your representative/s supplied. If notice
is not received within thirty (30) days after shipment, Oasis shall
be released from any and all liability.
You agree to return any defective product to Oasis Disc Manufacturing
upon request. No merchandise may be returned to Oasis without written
return authorization from Oasis. Prior to returning any product, you
must obtain an RMA (return merchandise authorization) number from
Oasis. The RMA number must appear on the address label. Oasis reserves
the right to refuse delivery of any item returned without an RMA number.
Product reruns or purchase price refunds will be prorated based on
the quantity of defective merchandise returned.
Oasis is not responsible for any loss of revenue or profit or other
financial damages of any kind whatsoever, whether direct or indirect,
suffered by you for any reason whatsoever.
Order
Cancellation
Orders for products not yet manufactured by Oasis may be cancelled
by either party at any time. You will be responsible for all costs
incurred by Oasis related to pre-manufacturing or manufacturing of
any product, prior to receipt of notice of cancellation. After such
cancellation, your materials and any completed product will be delivered
to you when all sums owed to Oasis have been paid in full by cash
or check.
Guaranteed Turn Time Guarantee
For a GUARANTEED TURN TIME (GTT) project on which Oasis fails to make the guaranteed ship date in spite of correct procedures being followed by the client (as explained and defined at oasisCD.com/gtt) Oasis will provide the following compensation: For every day beyond the promised ship date that we are late, we will subtract $100 from your invoice price. The maximum subtraction will be $500. Customers must approve proof same day it was received. Reorders are not covered by GTT although we will turn those orders promptly as well. Oasis is not responsible for shipping delays, alterations made by a client, or delays in approving a proof.
Pricing and Delivery
Oasis reserves the right to change prices, colors, materials, specifications, and quantities in our catalog, website, or elsewhere without notice or obligation. Quoted or acknowledged delivery dates are only estimates, with the following exception: GUARANTEED TURN TIME (GTT) projects have a guaranteed delivery date, assuming client follows timetable and procedures as required for us to make this date. For details on how to make sure your project is done in a guaranteed length of time, please visit oasisCD.com/gtt. The refund described in the GTT Guarantee paragraph is your sole and exclusive remedy for a delay in this program. There are no refunds granted due to delays on non-GTT projects. Ask your Client Advisor for an estimated delivery date on these projects, as turn times may fluctuate seasonally. Oasis is not liable for special, incidental, or consequential damages related to delays, product defects, or omissions or errors in our catalog, website, or elsewhere. If by mutual agreement a project is redone by Oasis, the GTT does not apply.
Shipping
Oasis’ prices do not include shipping. Most orders ship via 2-day service at standard ground rates. Some shipments over 3,000 pieces ship via motor freight. Rates vary depending on your disc packaging. Due to recent volatility in fuel prices and freight rates, please call your Client Advisor for an exact quote. |
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Due to the unprecedented special pricing we have worked out for "Micah's Value Packages" (referred to below as MVP), we have prepared a special addendum that applies to these packages only. All of the terms and conditions above are still applicable; however, where the terms below differ, the more restrictive of the two sets of terms will apply.
Payment
All MVP orders must be prepaid in full at the time of ordering. Any production overrun will be at no charge. In the unlikely case of a production under-run we will issue a refund for the difference.
Pricing
Certain services we offer for free to customers who purchase Oasis' regularly priced packages are not practical for us to offer with MVP packages, or will cost extra if required by an MVP customer, because these packages are priced at the lowest possible price level. Without limitation, these restrictions may include:
- Design-file corrections due to client errors or changes of mind
- Hard-copy proofs
- Quantity and similar changes post-approval
MVP packages do not qualify for any additional discounts, coupons, promotions, or specials, whether published or unpublished, that may apply to Oasis' regularly priced packages, although certain discounted add-ons such as the Oasis Super Bundle may be combined with the MVP pricing to create even greater value for Oasis customers.
Shipping
MVP orders ship via ground service at standard ground rates, and can take 3 to 5 business days to arrive. (By contrast, Oasis' full-priced packages are upgraded to 2-day service at standard ground rates even if you are outside of our 2 day service area.) Some shipments over 3,000 pieces ship via motor freight. Rates vary depending on your disc packaging. For expedited shipping rates, please contact your product specialist or project manager.
Indemnification; warranty of product, limitation of liability
There are some limitations on available paid upgrades to four color on disc printing; please discuss these options with your Client Advisor or Project Manager when placing your order. We warrant that all product will be manufactured within generally accepted commercial standards. Product is not eligible for rework or reprinting if Oasis deems it to be within commercial standards. Oasis reserves the right to manufacture MVP packages at licensed production facilities that may not be owned or operated by Oasis.
Oasis MVP packages do not fall within our Guaranteed Turn Time (GTT) program, and we are not responsible for any delays in delivery. To offer you our low MVP pricing, these packages are manufactured using excess capacity and require your elasticity, understanding, and flexibility. Delivery times quoted are only estimates and are not guaranteed in any way. If there is a delay in delivery, Oasis will not have flexibility to change this scheduling in many cases--although it is possible in some cases that a paid upgrade in speed will be available, this will not be available in all cases. If you order an MVP package, please understand that you are committing to required flexibility in your due date and scheduling. |
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Oasis Disc Manufacturing is a member of the Better Business Bureau.