Disk-Edits Pty Ltd

DISK-EDITS PTY LTD ("Disk-Edits") Terms of Trade for Audio Services.

The following terms of trade form part of any contract of sale between ("Disk-Edits") and our clients and are to be read in conjunction with our 'Terms of Trade for CD/DVD Pressing':

Original client materials:

Clients are responsible to retain copies of their original masters and artwork files. In the event that client materials are inadvertently lost or damaged, "Disk-Edits" shall be liable for the replacement of the blank media only and will not be responsible under any circumstances for replacing the original master or artwork content.

Conditions of provision of goods and services:

It is strict company policy not to deal with any client we suspect of breaching the intellectual property rights of artists and their authorized distributors. Purchase orders are required for goods and services to be provided.

Cancellation of orders:

In the event that the client wishes to cancel an order in production, the client shall be liable to "Disk-Edits" for the materials and labour cost incurred to that point, plus an administration cost. This cost will be calculated and advised to client within 24 hours of cancellation and which must be paid immediately.

Delays in Production/Manufacture:

"Disk-Edits" takes pride in meeting our clients' deadlines for delivery of their product. We provide realistic turnaround times for order completion, however, any delivery times advised to clients are estimates only and are not guaranteed. "Disk-Edits" is not liable for any loss, damage or delay occasioned to the Client or its clients arising from late or non-delivery of the goods.

In the event that order production is delayed due to circumstances beyond our control (including but not limited to rejection of client masters or artwork during manufacturing, transit delays, equipment malfunction and union activity), the client shall remain liable for all amounts due under the contract upon the eventual delivery of product, to the extent allowed by applicable law. Clients are asked to provide ample additional time to allow for unforeseen circumstances.

Payment:

A 50% deposit may be required on placement of your order and full payment of the balance must be arranged prior to collection or delivery of goods unless a credit account has previously been established with "Disk-Edits". Partial delivery or collection is not available until full payment has been received. Payments can be made by cash, cheque (3 days clearance required), MasterCard, Visa or direct deposit into "Disk-Edits"'s bank account. "Disk-Edits" reserves the right to apply finance charges (currently 5% per month) on any amounts not paid as required following completion of works.

Claims:

The client will be deemed to have accepted any goods or services provided by "Disk-Edits" as being in accordance with its order unless it notifies "Disk-Edits" in writing of its claim within 7 days of receipt of the goods or service. The client must return the goods to "Disk-Edits"'s place of business. All items will be subject to inspection before replacements can be considered and accordingly acceptance of the goods by "Disk-Edits" shall not constitute acceptance of a faulty product. If deemed to be faulty, "Disk-Edits" will replace faulty stock as speedily as possible and will deliver it in accordance with the client's original delivery instructions at no additional cost.

Specifications:

All materials (including masters and artwork) supplied by the client must comply with specifications as published/provided on our website www.disk-edits.com.au at the time of order placement. Specifications can also be emailed on request.

Restriction of Liability:

To the extent allowed by applicable law, neither "Disk-Edits", its employees, directors, shareholders nor associates shall be liable for consequential loss, injury or damages arising from the manufacture, reproduction, distribution or use of any products manufactured or services provided by "Disk-Edits", delays in order completion, any other failure of performance, or any representation made on behalf of "Disk-Edits" by its employees, directors, shareholders or associates.

How To Contact Us:

Should you have questions or concerns about our Terms of Trade for CD/DVD Replication, please call us at +61 8 8340 1377 or send us an email at...

sales@disk-edits.com.au

© 2008 Disk-Edits Pty Ltd. All rights reserved.

DISK-EDITS PTY LTD ("Disk-Edits") Terms of Trade for CD/DVD Replication.

The following terms of trade form part of any contract of sale between ("Disk-Edits") and our clients:

Manufacturing Variance:

CD/DVD manufacturing quantities may vary by a percentage more or less than the quantity ordered. Manufacturing plants initially mold a higher quantity of discs than required, then reject discs during the printing and quality control stages - arriving at the approximate quantity ordered.
Variation is:
10% more or less on order quantities to 999,
5% on order quantities from 1000 to 9999, and
2.5% for order quantities over 4999.
The quantity that will be invoiced is the quantity supplied (allowing for any variation) and not the quantity originally ordered.

Original client materials:

Clients are responsible to retain copies of their original masters and artwork files. In the event that client materials are inadvertently lost or damaged, "Disk-Edits" shall be liable for the replacement of the blank media only and will not be responsible under any circumstances for replacing the original master or artwork content. It will not be possible to return the original master and artwork files to the client. The client's copy of the original master and artwork file may be required to facilitate future reruns.

Conditions of Replication:

When submitting a replication order, all clients are required to sign a 'Client Order Confirmation of Replication' form which also confirms acceptance of these 'Terms of Trade' and a 'Grant of Rights' form confirming ownership rights to the material to be replicated. It is strict company policy not to deal with any client we suspect of breaching the intellectual property rights of artists and their authorized distributors. An 'IPR' (Intellectual Property Rights) form will also be required along with copies of licence agreements for any non-original audio material or licensed software. The client agrees to indemnify "Disk-Edits" against any action for breach of copyright. "Disk-Edits" shall not be obliged to provide services for any titles containing obscene matter (i.e. lewd, lascivious, sexually explicit or excessively violent content) or matter which would be rated by the Office of Film & Literature Classification (if unrated, "Disk-Edits" shall determine in its sole discretion such rating).

Cancellation of orders:

In the event that the client wishes to cancel an order in production, the client shall be liable to "Disk-Edits" for the materials and labour cost incurred in manufacturing the goods to that point, plus an administration cost. This cost will be calculated and advised to client within 24 hours of cancellation and which must be paid immediately.

Delays in Production/Manufacture:

"Disk-Edits" takes pride in meeting our clients' deadlines for delivery of their product. We provide realistic turnaround times for order completion, however, any delivery times advised to clients are estimates only and are not guaranteed. "Disk-Edits" is not liable for any loss, damage or delay occasioned to the Client or its clients arising from late or non-delivery of the goods. In the event that order production is delayed due to circumstances beyond our control (including but not limited to rejection of client masters or artwork during manufacturing, transit delays, equipment malfunction and union activity), the client shall remain liable for all amounts due under the contract upon the eventual delivery of product, to the extent allowed by applicable law. Clients are asked to provide ample additional time to allow for unforeseen circumstances.

Payment:

A 50% deposit may be required on placement of your order and full payment of the balance must be arranged prior to collection or delivery of goods unless a credit account has previously been established with "Disk-Edits". Partial delivery or collection is not available until full payment has been received. Payments can be made by cash, cheque (3 days clearance required), MasterCard, Visa or direct deposit into "Disk-Edits"'s bank account. "Disk-Edits" reserves the right to apply finance charges (currently 5% per month) on any amounts not paid as required following completion of works.

Claims:

The client will be deemed to have accepted any goods or services provided by "Disk-Edits" as being in accordance with its order unless it notifies "Disk-Edits" in writing of its claim within 7 days of receipt of the goods or service. The client must return the goods to "Disk-Edits"'s place of business. All items will be subject to inspection before replacements can be considered and accordingly acceptance of the goods by "Disk-Edits" shall not constitute acceptance of a faulty product. If deemed to be faulty, "Disk-Edits" will replace faulty stock as speedily as possible and will deliver it in accordance with the client's original delivery instructions at no additional cost.

Specifications:

All materials (including masters and artwork) supplied by the client must comply with specifications as published/provided on our website www.disk-edits.com.au at the time of order placement. Specifications can also be emailed on request.

Reproduction of Colour/Colour Accuracy:

Our printers take care when matching colours to our client's CMYK proofs and Pantone colour selections. It is important, however, to note the technical limitations of screen and offset printing processes, both for discs and various types of paper stock.

Where Pantone colour numbers are specified in your design, the inks are mixed to an exact formula and provide very close colour accuracy to a Pantone colour book.

Where CMYK designs are used, a higher degree of colour variation is normal. While every effort is made to reproduce the colours on chemical and professional digital proofs "Disk-Edits" shall not be liable to reprint or otherwise compensate the client for a commercially acceptable variation in colour when comparing the proof to the final product, the disc to paper parts, or throughout a printed batch of products.

"Disk-Edits" will take all due care, but will not be liable to reprint or otherwise compensate the client in any of the following circumstances:

1. No chemical or professional digital proof is approved or provided by the client (colour laser, inkjet and other printouts are not accepted as colour accurate proofs),
2. Films and proofs provided by the client are not output from identical artwork files,
3. A CMYK disc design does not include a white base,
4. The Pantone colours printed are accurate Pantone colours, but differ from a digital proof
5. A Pantone colour is printed on a disc at less than 100% density without a white base,
6. A design otherwise fails to follow "Disk-Edits" artwork specifications and guidelines, resulting in an undesired printed result.

"Disk-Edits" CTP (Computer to plate) Service:

"Disk-Edits" clients have the option to provide either films and proof, or a CD containing all artwork files and colour printout.

If you supply an artwork disc and colour printout, "Disk-Edits" will review the file and output a digital colour proof for your approval. We check all artwork files for correct page orientation (page numbers must be clearly specified on artwork), dimensions, bleed and font output but the responsibility remains with the client at all times to provide artwork to "Disk-Edits" specification and to proofread proofs for correct layout, spelling, font output and all other content thoroughly. We recommend you supply us with a mock up your booklet to ensure pagination is correct. Once proofs are approved, we will proceed to production. Clients will be notified of any additional proof, artwork disc processing and design hour charges prior to proceeding with any alterations.

CD & DVD Label Art:

If you have designed CMYK disc label art - then we will match the colours to the digital proof approved, allowing a commercial tolerance for colour accuracy.

If you have designed spot (Pantone) colour disc label art - then your discs will be matched to the Pantone colours specified. The digital proof should be used to confirm design layout - and as a rough guide for colours.

If you are supplying your own films for CMYK disc label art then a chemical proof is required and must be output from the same file used for outputting the films. If you are supplying your own films for spot (Pantone) colour disc label art - then your discs will be matched to the Pantone colours specified. The Pantone colour must be specified on each film.

Suitability of designs (Disc Production Only):

Clients are responsible to ensure the suitability of the designs for, colour, colour density and the available print resolution for silk-screen printing onto disc and to ensure that their designs meet our specifications. "Disk-Edits" cannot check the suitability of your colours, colour density or other design elements prior to printing.

"Disk-Edits" will not be liable to remanufacture or otherwise compensate the client in the event that the printed discs are deemed unsatisfactory due to inappropriate colour selection, inappropriate colour density or failure to follow our design specifications.

Restriction of Liability:

To the extent allowed by applicable law, neither "Disk-Edits", its employees, directors, shareholders nor associates shall be liable for consequential loss, injury or damages arising from the manufacture, reproduction, distribution or use of any products manufactured by "Disk-Edits", delays in order completion, any other failure of performance, or any representation

How To Contact Us:

Should you have questions or concerns about our Terms of Trade for CD/DVD Replication, please call us at +61 8 8340 1377 or send us an email at...

sales@disk-edits.com.au

© 2008 Disk-Edits Pty Ltd. All rights reserved.