Intellectual Property Rights Pricing and delivery
Oasis Disc Manufacturing, a division of DIY Media Group, 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' Anti-Piracy Compliance Program 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 100% 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
Compensation: For a GTT project on which we fail to have the product ready to ship by the guaranteed ship date in spite of correct procedures being followed by the client (as explained and defined here), unless Oasis makes up the time delay with upgraded shipping, we 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. For projects less than 500 units, you get 10% back for every day we miss our deadline. 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. 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.
Oasis and its parent company charges state and local sales taxes where applicable.
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.