Terms and conditions of sale

Please read our terms & conditions of sale prior to purchasing. GENERAL TERMS – Applies to all orders. Please read. CUSTOM ORDER TERMS – Read this as well if you are ordering custom replication, duplication, printing, and/or packaging services. BLANK MEDIA/SUPPLIES ORDER TERMS – Read this as well if you are ordering CD/DVD or other blank media, and/or supplies. GENERAL TERMS (applies to all orders) Pricing and delivery Streamline Multimedia 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 Pennsauken, NJ, unless indicated otherwise. Streamline Multimedia is not responsible for loss or damage to the product once any product has left Streamline Multimedia premises. Streamline Multimedia maintains offices and facilities in several states and charges applicable sales tax when appropriate, as required by law. Payment terms Streamline Multimedia accepts cash, check, money order, VISA, MasterCard, Discover, and American Express. 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 Streamline Multimedia reasonable legal fees and litigation/arbitration fees and costs) incurred by Streamline Multimedia in recovering any amounts owed to it by the Customer. Order cancellation Streamline Multimedia reserves the right to refuse or cancel any order. CUSTOM REPLICATION/DUPLICATION ORDER TERMS Intellectual Property Rights Protection Streamline Multimedia participates in the International Recording Media Association's (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content. The customer represents and warrants to Streamline Multimedia: (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 Streamline Multimedia 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 Streamline Multimedia are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Streamline Multimedia 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 Streamline Multimedia 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. Streamline Multimedia reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder. The customer agrees to provide Streamline Multimedia, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Streamline Multimedia does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Streamline Multimedia may rely on the customer's representations and warranties herein and provided under Streamline Multimedia Intellectual Property Rights Form even if Streamline Multimedia investigates such ownership. If Streamline Multimedia determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Streamline Multimedia will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Streamline Multimedia will return such materials to the customer. Pricing and delivery Streamline Multimedia reserves the right to produce and bill for production overruns or underruns up to five percent (5%) 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 Streamline Multimedia 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. Streamline Multimedia 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, Streamline Multimedia has the right to sell, dispose of, destroy or use any such material on hand in any way Streamline Multimedia chooses without any liability by Streamline Multimedia to the customer or others. Streamline Multimedia 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 Streamline Multimedia’ web site via FTP, email, or other means) for manufacturing. As such, Streamline Multimedia is not obligated to return such electronic content to the customer upon completion of the order. Streamline Multimedia will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order. While Streamline Multimedia will treat the customer's materials with the utmost care, Streamline Multimedia 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 Streamline Multimedia. Customer's materials stored in Streamline Multimedia 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 Streamline Multimedia premises. Payment terms Streamline Multimedia requires a deposit of 50% 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 five percent (5%) 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. Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list. Warranty of product, limitation of liability, and indemnification Streamline Multimedia guarantees the customer's satisfaction with art and content proofs. If Streamline Multimedia cannot satisfy the customer, Streamline Multimedia will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved Streamline Multimedia will charge for all work and services performed, even if the project is subsequently canceled. Streamline Multimedia warrants that material produced and delivered by Streamline Multimedia meets Streamline Multimedia 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 Streamline Multimedia products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Streamline Multimedia from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Streamline Multimedia will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Streamline Multimedia option, refund to customer part or all of the purchase paid to Streamline Multimedia, on the condition that a) written notice of such defect or error is received by Streamline Multimedia at its office within thirty (30) days after shipment by Streamline Multimedia 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 Streamline Multimedia within the date indicated above, Streamline Multimedia will be deemed to be released by customer from any and all liability. The customer shall return any defective product to Streamline Multimedia should Streamline Multimedia so request. No merchandise may be returned to Streamline Multimedia without written return authorization by Streamline Multimedia. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned. Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Streamline Multimedia. The RMA number must appear on your address label. Streamline Multimedia reserves the right to refuse delivery of any item returned without an RMA number. Streamline Multimedia 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 Streamline Multimedia may be cancelled by either party at any time. The customer will be responsible for all costs incurred by Streamline Multimedia 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 Streamline Multimedia have been paid in full by cash or check. BLANK MEDIA/SUPPLIES ORDER TERMS Intellectual Property Rights Protection Streamline Multimedia participates in the International Recording Media Association's (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content. Customers purchasing blank recordable media, and other supplies warrant that they will use the media only for legitimate uses that do not infringe on the intellectual property rights of third parties. Pricing and delivery Quoted or acknowledged delivery dates are only estimated dates of delivery. Streamline Multimedia specifically disclaims liability for delays in delivery and any resulting consequential damage or losses. Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Streamline Multimedia. The RMA number must appear on your address label. Streamline Multimedia reserves the right to refuse delivery of any item returned without an RMA number. All media and/or supply products must be returned in the original packaging with all original accessories and documentation included. Streamline Multimedia reserves the right to refuse delivery of any item that is not returned in the original packaging. Returned products must be in the same condition as you received them. Any returns authorized by Streamline Multimedia are subject to a 15% restocking charge and the customer is responsible for all shipping charges to return product. Product must be returned to Streamline Multimedia within 30 days from the date of shipment. Non-defective hardware product may be returned to Streamline Multimedia (with an RMA) to be exchanged for a new product within 30 days from the date of shipment. Streamline Multimedia will ship new product upon receipt of the product to be exchanged. If you request that the new product be shipped prior to Streamline Multimedia receiving the product to be exchanged, Streamline Multimedia will invoice and charge your credit card for the new product. Upon receipt of the original product, Streamline Multimedia will credit your account and credit card. The customer is responsible for all shipping charges and applicable sales tax for exchanged product. Streamline Multimedia 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. Recordable media guarantee Streamline Multimedia guarantees that once you have successfully recorded data onto a recordable CD-R or DVD-R purchased from Streamline Multimedia, the integrity of the data will remain intact. If a recorded disc(s) loses data after successful recording, Streamline Multimedia will replace the affected disc(s) with comparable media. Discs that have been rejected during duplication are not covered under this guarantee. Due to the nature of duplication technology and compatibility between media and hardware, a rejection rate of up to 8% is normal during duplication.