|EchoData Group Terms and Conditions.
EchoData Group strives to provide its clients with total customer satisfaction. EchoData Group. is not responsible for errors or mistakes due to unclear instructions or lack of instructions communicated to ECHODATA GROUP. Due to the multiple variables in audio, video and/or package manufacturing, all customer due dates remain as estimates only. At ECHODATA GROUP we will do everything we can to meet or exceed your projected deadlines and/or release dates. Communication with your Customer Service Representative is extremely important in regard to meeting any project release dates and related functions, shipping schedules and your project timetables. We require you to supply us with written directions and comments when at all possible. Delays in YOUR communication dealing with any aspect of your project (layout and design, typesetting proofs, color proofs, electronic files, deposits, test approvals, etc.) will have a direct effect on your expected schedules.
PROPRIETARY RIGHTS: Customer is solely responsible for ensuring that it holds all ownership or legal rights to the intellectual property, information or other materials submitted to EchoData Group. EchoData Group agrees to fill Customer's order only upon the express understanding that Customer warrants and represents to EchoData Group that Customer has full right, title, license or other interest such as to allow it to lawfully have reproduced or copied all of the intellectual property, information or materials submitted to EchoData Group by Customer. Further, Customer expressly agrees that it will hold harmless & indemnify EchoData Group. against all costs, damages, expenses or other losses (including without limitation all attorneys' fees & litigation expenses) incurred by EchoData Group as a result of any claim by any person or entity that they have a proprietary or other interest in the intellectual property, information or materials submitted to EchoData Group by Customer at EchoData Group's sole discretion, Customer will assume the defense and expense thereof of EchoData Group in any claim, legal action, arbitration, mediation, alternative dispute resolution process or other proceeding of any kind. Customer's warranty and representation and hold harmless and indemnification agreement extends to all form of intellectual property of any type, including without limitation all copyright, trademark and patent rights under the laws of any nation, state, province or locality and any international treaty, agreement or convention of any kind relating to any form of intellectual property.
LIMITATION OF LIABILITY: ECHODATA GROUP DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EchoData Group shall not be liable under any circumstances for any incidental or consequential loss or damages, including but not limited to loss of profits, and the Customer expressly waives any and all claims for any such loss or damages. EchoData Group is not liable for freight charges in the event of delayed completion dates. Under no circumstances shall EchoData Group's liability exceed, nor shall Customer's available remedies extend beyond, return of the full fees or charges paid for any services provided by EchoData Group.
IMPORTANT NOTES: EchoData Group is not responsible for your supplied master and/or art files. It is generally accepted that customer will have made a backup copy. When submitting an order, please be sure to include the following: Audio master, track listing form, ROM content form (if not an audio CD), IPR form, art files either on disc on placed on our ftp site and a signed quote form. Failure to submit any of these items could cause a delay in the start of your project.
TERMS OF SALE:
- Terms of Sale are 50% down, balance due upon completion of project.EchoData Group. will accept Visa, Master Card, and American Express, personal or business check for your down payment, with the balance paid by certified funds, Visa, Master Card or American Express. Terms other than standard terms must be approved by our Accounting Department.
- Finance Charges of 1½% per month (18% annual) will accrue on all balances not paid within sixty (60) days of invoice date.
- A SERVICE CHARGE OF $50.00 will be assessed for each returned check.
- A Storage and Handling Fee of $175.00 will be added to your account on all finished goods not picked up within 10 working days after completion of project unless other arrangements are made with either your sales representative or EchoData Group Accounting Department.
- All print, duplication and packing orders ARE CONSIDERED COMPLETE AT plus or minus 10% of quantity ordered. You must accept up to a 10% over-run in your costs. You will be billed for the actual amount printed, duplicated and packaged