Terms of Business
PDMCORP - Standard Terms of Business
Unless otherwise specified in writing, Pacific Digital MediaCorp. terms of business include the following:
Acceptance of our quotation constitutes an agreement for services between Pacific Digital Media Corp. and the Customer and/or Signatory of the quotation (herein referred to as the “Customer”), client purchase order or Pacific Digital Media order form. Once placed, all orders are final.
The Customer acknowledges that the following production materials and information must be supplied to Pacific Digital Media as per our specifications and requirements before the Customer's order can be released:
- Pacific Digital Media Order Form, or your detailed company purchase order.
- Full payment (unless credit terms are approved in advance).
- CD or DVD content master and a back-up copy.
- Intellectual Property Rights (IPR) Form.
- Electronic artwork files supplied on Pacific Digital Media templates and to our specifications.
- Shipping destination and details (required a minimum 48 hours before ship-date).
The Customer acknowledges that a delay in providing acceptable production materials and information to Pacific Digital Media will, in turn, delay the start date for the order and that all ready-by dates agreed upon, whether written or oral, may be delayed.
Terms Of Payment:
All prices are in Canadian currency or U.S. currency as noted on your quotation or price matrix. The Customer agrees to pay a minimum downpayment of fifty percent (50%) in advance of Pacific Digital Media starting any order unless other arrangements are made in advance. In all cases except where written credit terms are granted by Pacific Digital Media to the Customer,
one hundred percent (100%) of the amounts owing under the order must be received prior to Pacific Digital Media being required to release or deliver the order (in whole or in part) to the Customer.
Payment can be made via Cash, Debit Card, Money Order, Cashier's Cheque, Company Cheque, Visa, Mastercard, or American Express. Pacific Digital Media may terminate this Agreement or suspend deliveries if the Customer fails to make payment required under this agreement. Any amounts outstanding after its due date shall incur daily interest at the rate of two percent (2%) per month, twenty-four percent (24%) per annum. Not withstanding any other term in this agreement, Pacific Digital Media may choose at any time and at its sole discretion to decline to make any shipment or delivery or perform any work unless payment is received in full. The Customer agrees to pay all costs, fees, changes or expenses of every nature (expressly including reasonable Legal fees) incurred by Pacific Digital Media in recovering overdue payments.
Supply Of Product
It is considered fair business practice to supply and invoice for a small percentage (not exceeding 5% depending on the quantity of product ordered) of product overage or underage. The final invoice will reflect the exact quantity provided to the Customer, and the Customer agrees to pay for the same.
Important: While every effort will be made to fill orders within the timeline quoted at the outset of the project, stated ready-by-dates (including ‘rush’ and ‘deadline’ orders) can not be guaranteed due to the inherent nature of manufacturing custom-made goods.
Delays, though uncommon, can occur and Pacific Digital Media. is not responsible for (a) any damages growing out of or owing to any delays, or (b) compensating the client over-and-above the terms of the Limited Warranty and Claims Policy as stated herein. Due to this Pacific Digital Media highly recommends that product related releases, events, or performances are not scheduled until the product is in the client's possession and meets with their approval.
Unless otherwise specified in writing, all quotations are “F.O.B. Pacific Digital Media, Surrey, B.C. Canada”. Pacific Digital Media is not responsible for loss, damage or delay of products after they have left our premises. We are a manufacturing company - not a courier company - so we have no control over the shipment after it has left our facility.
Intellectual Property Representations & Warranties
The Customer hereby grants to non-exclusive license to manufacture the product from the master recordings provided, and to use any related photographs, biographical material, label data, designs, artwork, or any other materials provided to Pacific Digital Media hereunder by the Customer, for that purpose.
The Customer represents and warrants that it is either (A) the true and rightful owner of, or (B) the possessor of legally enforceable worldwide licensing and/or right, for all aspects of intellectual property pertaining to their order which is inclusive of disc content and graphic design content. The Customer agrees to indemnify, defend, protect and hold harmless Pacific Digital Media and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees and employees (collectively “Indemnified Parties”) against any and all liabilities, losses, claims, damages, actions, investigations, and legal proceedings of any kind, from any party, arising out of the Customer's rights, or lack thereof, to the use of the intellectual property or any aspect of the contents of their order.
Limited Warranty Policy
Pacific Digital Media warrants that our products will be free from manufacturing defects outside of industry standards and norms, or the defective products will be repaired or replaced as per the definitions and guidelines noted in the Pacific Digital Media Limited Warranty and Claims Policy.
Defective product must be reported to Pacific Digital Media no later than 14 calendar days after the product has either [A] been received by the client, or [B] reached its shipping destination, or Pacific Digital Media will be deemed to be released from any and all liability. Pacific Digital Media liability for defective product is limited solely to product replacement or repair, as the case may be, and shall not extend to any further liabilities whatsoever. The forgoing warranties are exclusive and are in lieu of all other warranties (whether written, oral, or implied) including warranty of merchantability in other respects than expressly set forth above.
Neither party shall be liable for its failure to perform here under due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers. The party whose performance is prevented by such contingency shall have the right to omit during the period of such contingency. All or any portion of the quantity deliverable during such period, whereupon the total quantity deliverable under this Agreement shall be reduced by the quantity so omitted. If, due to any such occurrence, Pacific Digital Media is unable to supply to total demands for any Product for any Product specified in this agreement, Pacific Digital Media shall have the right to allocate its available supply among its Customers in a fair and equitable manner.
These Terms and Conditions may not be modified orally, no waiver amendment or modification shall be binding or effective unless in writing and signed by the party to be bound.