GENERAL TERMS

Pricing and delivery
EOP Recording Media 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. EOP Recording Media is not responsible for loss or damage to the product once any product has left EOP Recording Media premises.

Payment terms
EOP Recording Media accepts cash, check, money order, VISA, MasterCard, American Express and Paypal.

Order cancellation
EOP Recording Media  reserves the right to refuse or cancel any order.

REPLICATION & DUPLICATION ORDER TERMS

Intellectual Property Rights Protection
EOP Recording Media 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 EOP Recording Media: (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 EOP Recording Media 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 EOP Recording Media are not, or will not be, as a result of the execution and delivery of this agreement or the performance by EOP Recording Media 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 EOP Recording Media  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.

EOP Recording Media reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.

The customer agrees to provide EOP Recording Media, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, EOP Recording Media does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and EOP Reording Media may rely on the customer's representations and warranties herein and provided under EOP Recording Media's Intellectual Property Rights Form even if  EOP Reording Media investigates such ownership.

If EOP Reording Media determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, EOP Reording Media will have no further obligations to the customer to provide any products or any other services with respect to such materials, and EOP Reording Media will return such materials to the customer.

Pricing and delivery
The customer's order will be delayed if the customer has failed to provide to EOP Reording Media  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. EOP Reording Media  specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.

EOP Reording Media  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.  Upon completion of the order. EOP Reording Media  will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.

While EOP Reording Media will treat the customer's materials with the utmost care, EOP Reording Media  specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and ssession of EOP Reording Media.  Customer's materials stored in EOP Reording'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 EOP Reording Media's premises.


Warranty of product, limitation of liability, and indemnification
EOP Reording Media  guarantees the customer's satisfaction with art and content proofs. If EOP Reording Media  cannot satisfy the customer, EOP Reording Media  will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved EOP Reording Media will charge for all work and services performed, even if the project is subsequently canceled.

EOP Reording Media  warrants that material produced and delivered by EOP Reording Media meets EOP Reording Media's 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 EOP Reording Media  products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by EOP Reording Media  from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, EOP Reording Media will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at EOP Reording Media's option, refund to customer part or all of the purchase paid to EOP Reording Media , on the condition that a) written notice of such defect or error is received by EOP Reording Media at its office within fifteen (15) days after shipment by EOP Reording Media 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 EOP Reording Media within the date indicated above, EOP Reording Media  will be deemed to be released by customer from any and all liability.

The customer shall return any defective product to EOP Reording Media should EOP Reording Media so request. No merchandise may be returned to EOP Reording Media without written return authorization by EOP Reording Media . 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 EOP Reording Media . The RMA number must appear on your address label. EOP Reording Media reserves the right to refuse delivery of any item returned without an RMA number.

EOP Reording Media  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 EOP Reording Media may be cancelled by either party at any time. The customer will be responsible for all costs incurred by EOP Reording Media  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 EOP Reording Media  have been paid in full by cash or check.