WARRANTY
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Icon Omnimedia, Corp. warrants that materials produced and delivered to the customer by Icon Omnimedia, Corp. meet generally
accepted industry standards as well as Icon Omnimedia's own strict quality standards and specifications.
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If any materials produced and delivered to the customer by Icon Omnimedia, Corp. are found to be defective in quality, or are
shipped or labeled in error, Icon Omnimedia, Corp. will replace or repair the defective materials or refund a portion or all of
the invoice total for that job, if and only if a written notice reporting the defects is received by Icon Omnimedia, Corp. within
15 days of shipment of the materials to the customer by Icon Omnimedia, Corp. and as long as the defects did not result from a
defect or error in materials provided by, or on behalf of, the customer. If requested, the customer must also return defective
materials to Icon Omnimedia, Corp. within 15 days of said request. Corrective actions taken will be decided upon solely by Icon
Omnimedia, Corp.
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Failure by the customer to delivery a written statement of defect within 15 days of shipment, or to return requested materials
within 15 days of said request will result in Icon Omnimedia, Corp. being exempted from all liability for the defects or errors in
question.
BILLING
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A 100% deposit is required at the start of all jobs, unless otherwise specified.
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The final quantity produced for media replication jobs will be within plus or minus 10% of the original quantity ordered. This is an industry standard, put into place for quality control purposes. The customer shall be billed and responsible for payment on the exact quantity manufactured.
- Full payment is due on completion of the customer's job, before the job ships. We do not ship C.O.D. For jobs where payment terms have been extended, the invoice billing cycle begins on the ship date for the job.
- Final balances not paid within 30 days of their due date will be charged to the customer's credit card on file, regardless of preferred method of payment.
- Balances not paid within 30 days from their due date will be charged to customer's credit card on file. If the balance cannot be collected from customer's credit card on file, it will accrue interest at a rate of 1.5% per month (18% per annum) and shall accrue daily.
- Customer is responsible for paying all collection costs for an invoice in the event that payment for that invoice is over 30 days past due and collection services are used. This includes any legal fees that may or may not be necessary.
DEADLINES & DUE DATES
- Stated or estimated completion or ship dates for jobs are estimates and are not guaranteed. Although we go out of our way to meet customer deadlines, Icon Omnimedia, Corp. specifically disclaims liability for delays in delivery and any consequential damages or losses.
- Orders may be delayed by the customer's failure to provide all required materials on time, which means materials must be provided at the start of the job, unless otherwise specified. Required materials for media replication jobs include, but are not limited to, audio master, artwork in the appropriate format, deposit, and signed order form & paperwork.
- Orders may be delayed by the customer's failure to pay promptly upon job completion or invoice due date.
PRICING
- Icon Omnimedia, Corp. reserves the right to modify pricing, specifications, quantities, materials, or special offers from our advertising, website, or other company materials without obligation or notice.
- Price quotes and estimates are valid for 30 days unless otherwise specified.
LICENSE & INTELLECTUAL PROPERTY RIGHTS
- The customer grants Icon Omnimedia, Corp. a royalty-free, non-transferable license to reproduce and distribute copies of materials to the extent necessary for Icon Omnimedia, Corp. to perform its obligations under this Purchase Agreement.
- The Customer represents and warrants to Icon Omnimedia, Corp. that the customer 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 all materials provided to Icon Omnimedia, Corp. by the customer.
- The customer represents and warrants to Icon Omnimedia, Corp. that the customer and Icon Omnimedia, Corp. are not, or will not be as a result of any work done for the customer by Icon Omnimedia, Corp., in violation of any intellectual property rights of third parties.
- Icon Omnimedia, Corp. participates in the International Recording Media Association's Anti-Piracy Compliance Program. We require customers to fill out and submit a Replication Rights Form for all media replication jobs, unless otherwise specified in writing.
PERSONAL LIABILITY
- Should the customer's company become unable to pay any accrued balance with Icon
Omnimedia, Corp, The principal officers of the customer's company shall be deemed
liable for the entire balance.
LIMITATION OF LIABILITY
- Work performed by Icon Omnimedia, Corp. for a customer is performed at the sole risk of the customer. Although we go out of our way to delivery high quality work and to treat our customers' source materials and finished products with care, Icon Omnimedia, Corp. specifically disclaims liability for damage or loss of any kind suffered by the customer, directly or indirectly, due to fire, theft, casualty, negligence, or any other reason.
- The customer agrees to indemnify and hold Icon Omnimedia, Corp. harmless from and against any losses or damages incurred by the customer or any third party as a result of services or related to services provided for the customer by Icon Omnimedia, Corp.
- Source materials provided to Icon Omnimedia, Corp. by or on behalf of the customer, including but not limited to forms, paperwork, audio masters, and artwork digital files or prints, will remain the property of the customer, but are not returned automatically to the customer unless specifically requested and acknowledged in writing. Icon Omnimedia, Corp. specifically disclaims liability for damages to or loss of these materials while in the possession of Icon Omnimedia, Corp, and also reserves the right upon job shipment to destroy any materials that were not specifically requested to be returned to the customer.
FORCE MAJEURE
- Icon Omnimedia, Corp. will not be held responsible for failing to perform its obligations under this agreement if such failure is caused by circumstances beyond the reasonable control of Icon Omnimedia, Corp., including, but not limited to, acts of God, equipment failures, and delays by subcontractors or suppliers.
APPLICABILITY OF AGREEMENT
- All business conducted with Icon Omnimedia shall be governed by these terms & conditions. This includes business conducted based on verbal agreements. This also includes instances where the customer chooses not to formally submit a signed copy of Icon Omnimedia, Corp.'s paperwork, such as the order form and terms & conditions form.
