Product Pricing and Delivery
Bison Disc is not liable for special, incidental, or consequential damages related to omissions or errors in our catalog, website, or elsewhere. Bison Disc reserves the right to change prices, colors, materials, specifications, and quantities in our catalog, website, or elsewhere without notice or obligation.
Bison Disc specifically disclaims liability for delays in delivery and any resulting consequential damage or losses. Once a product shipment has left the Bison Disc premises, Bison Disc is not responsible for loss or damage to the product. If there is damage, a claim should be filed directly with the shipping company.
Quoted or acknowledged delivery dates are only estimates. Turn times are not guaranteed and are subject to seasonal fluctuations.
Intricate packaging options or products requiring a non-standard template or manual production will take longer. Customers should ask the assigned product specialist for an estimated delivery date.
An order will be delayed if the customer has failed to provide to Bison Disc all necessary materials in a timely manner (including without limitation master, graphics, payment, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).
SUBMITTING NEW ARTWORK OR MAKING REVISIONS TO CURRENT ARTWORK OR MASTER CONTENT MAY RESULT IN A DELIVERY DELAYS.
Bison Disc prices may not include shipping. Most orders ship via 2-5 day service at standard ground rates. Some shipments containing more than 3,000 pieces ship via motor freight. Rates vary depending on disc packaging. Due to volatility in fuel prices and freight rates, customers are advised to contact the assigned product specialist for more information.
Proofing and Customer Art Changes
Artwork that is submitted and meets the sizing of the Bison Disc templates located on the Bison Discs FTP site, will not incur any additional charges.
Artwork that is submitted and requires Bison Disc to size, manipulate or add bleed in order to fit Bison Disc templates, will incur a $38.00 charge.
Sending new files after a proof has been submitted will incur a re-proof cost of $28.00 per file; Bison Disc making the art changes and re-proofing is $38.00 per file.
Sending new files after a proof has been submitted will incur a re-proof cost of $38.00 per file; Bison Disc making the art changes and re-proofing is $55.00 per file.
All proof approvals must be in writing.
All orders must be paid in full at the time the order is submitted. Bison Disc accepts cash, check, money order, VISA, MasterCard, Discover, and American Express. Pay Pal is accepted but a service fee can be added.
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 Bison Disc’s reasonable legal fees and litigation/arbitration fees and costs) incurred by Bison Disc in recovering any amounts owed to it by the Customer.
Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the approximate postage amount after Bison Disc receives customer’s mailing list. The final postage amount may differ from the original approximation and can be billed at a later time.
Once an order has been placed and payment has been processed, cancellation is not possible and the customer will be billed for the full amount of the order and an in store credit can be issued against future orders.
In the event the customer fails to pay within ninety (90) days for any work completed, or in the event the customer fails to accept delivery or pick up the finished product within ninety (90) days from completion, Bison Disc has the right to sell, dispose of, destroy or use any such material on hand in any way Bison Disc chooses without any liability by Bison Disc to the customer or others.
Intellectual Property Rights Protection
Bison Discs 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 Bison Disc: (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 Bison Disc 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 Bison Disc are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Bison Disc 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 Bison Disc 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.
Bison Disc reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide Bison Disc, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Bison Disc does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Bison Disc may rely on the customer’s representations and warranties herein and provided under Bison Disc Intellectual Property Rights Form even if Bison Disc investigates such ownership.
If Bison Disc determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Bison Disc will have no further obligations to the customer to provide any products or any other services with respect to such materials.
The customer agrees that Bison can use the customers art images as promotion tools on Bison’s website or promotional materials.
File and Data Retention
Bison Disc 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 Bison Disc’s web site via FTP, email, or other means) for manufacturing. As such, Bison Disc does not return such electronic content to the customer upon completion of the order. Bison Disc 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 Bison Disc 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. (Bison Disc will keep electronic back-ups of graphics files for 5 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 Bison Disc is provided one copy of the original finished product from the customer at the time of reorder.
While Bison Disc will treat the customer’s materials with the utmost care, Bison Disc 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 Bison Disc.
Customer’s materials stored in Bison Disc’s 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 Bison Disc’s premises.
Warranty of product, limitation of liability, and indemnification No Warranty Bison Disc makes no warranty regarding custom-ordered discs beyond the promise that the discs will be as ordered. Specifically, Bison Disc makes no warranty of merchantability or fitness for a particular purpose.
Bison Disc’s obligation to the customer, and customer’s sole remedy, is a replacement of product that suffers from defective materials or workmanship. Bison Disc shall not be liable, in contract or in tort (including negligence), or otherwise for damage or loss of property, loss of profits or revenue, claims of customer’s clients or consumers, or for any special, indirect, or consequential damages whatsoever. Under no circumstances will Bison Disc’s liability exceed the purchase price of the goods in respect of which damages are claimed.
Submitted artwork will be matched to the best of Bison Disc’s ability; there may be a difference between computer monitor and actual color. Color may vary from order to order for the same artwork. Color will vary between replication face art and duplication face art, while every effort is made for color consistency these are very different printing processes and there can be differences.
Bison Disc warrants that material produced and delivered by Bison Disc meets Bison Disc’s standard specifications for the material or such other specifications as described in this website and meets generally accepted industry standards.
The customer shall return any defective product to Bison Disc via UPS Ground should Bison Disc so request. No merchandise may be returned to Bison Disc without written return authorization by Bison Disc. If Bison Disc decides that the project will be replaced, the re-run will be prorated based on the quantity of defective merchandise returned. However, should the returned material be found not to be defective, the product will be returned to the customer and no replacement will be due. Bison Disc will replace any merchandise that it (Bison Disc) finds defective. Refunds will not be provided.
Prior to returning any product, the customer must obtain an RMA (Return Merchandise Authorization) number from Bison Disc. The RMA number must appear on your address label. Bison Disc reserves the right to refuse delivery of any item returned without an RMA number.
Bison Disc is not responsible for the quality of any final disc content unless the customer provides a physical master disc.
Attorney’s Fees and Jurisdiction
Attorney’s Fees. If any amount owed by the customer under this agreement for present or future orders is referred for collection, the customer hereby agrees to pay any and all reasonable attorney fees and/or other reasonable costs and court costs of such amounts.
Jurisdiction, venue and choice of law. The customer hereby agrees that any legal action under this contract may be brought only in a court of appropriate jurisdiction in Orange County, Florida or a county or state of Bison Disc’s choice. This agreement shall be construed according to the laws of the State of Florida.
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