 Terms and ConditionsAll orders placed with us by and for the account of our customers (clients) are subject to the following conditions: A minimum 50% deposit or pre-approved credit, and a purchase order or client’s written or emailed order confirmation is required upon placement of the order. Credit approval may take up to ten days. Final balance is payable in cash, credit card or by pre-approved check and is due upon completion of order unless other payment terms are arranged. All prices are subject to change. All balances due that remain unpaid after 90 days may be subject to collection proceedings. The client will be responsible for the costs of collection and attorney fees. We reserve the right to retain possession of all masters and other client materials held by Color Film, as well as purchased or finished goods, until full payment of your account is made. Color Film acts only as a subcontractor in the manufacture and delivery of all finished product for the customer. Upon initiating an order with us, client represents that they have obtained all necessary licenses and clearances, and hereby agrees to hold Color Film harmless from and against any and all threats, suits, penalties, liabilities, costs, and expenses (including without limitation, legal fees, costs and disbursements) incurred, suffered or expended by or threatened against Color Film by reason of, or arising out of, any claim of infringement of copyright or of any claim for royalties under all applicable statutes and laws. Client further represents and warrants that client’s material does not contain matter which is obscene or pornographic, or which constitutes libel or defamation of, or an invasion of the right of privacy of any individual. Delivery times are scheduled based on business days and the assumption that all client-supplied or client-approved materials are properly prepared and received in a timely manner. All production schedules quoted are estimates and are not guaranteed. Jobs requiring rush services to meet specific delivery dates will be subject to rush charges, as well as any additional charges for overnight freight. Color Film will make every effort to meet your production date but will not be liable for damages or losses resulting from delivery problems or delays. It is not the responsibility of Color Film to inspect or correct client-supplied components. Client hereby agrees to hold Color Film blameless if the components supplied by the client result in a finished product that does not meet the client’s expectations. Color Film is not responsible for errors or anomalies occurring on replicated product or print material that are attributable to anomalies that exist on client-supplied components. Client’s master, art file, print material and any and all component parts are handled and stored at the client’s own risk. Color Film will take every reasonable precaution to safeguard client materials, however it is the client’s responsibility to provide insurance coverage for all items left in the care or control of Color Film or their subcontractors. Clients requesting storage of any components or finished goods will be charged a storage fee. All manufacturing components created by Color Film or its subcontractors and utilized in the manufacture of client’s finished goods, shall remain the property of Color Film. All manufacturing is considered complete if the final shipment is plus or minus 10% of the amount ordered. Client will be billed for the over-run or credited for the under-run. Since our charges are not commensurate with the value of customers’ discs, tapes, films, and other materials entrusted to us, all materials and information received from our customers are received, prepared, processed, stored, shipped and/or otherwise dealt with solely at customer’s risk. We are not responsible for any loss or damage to such materials or information from any cause whatsoever, whether due to fault or negligence or otherwise. Although any product produced by us will be replaced if found defective, we do not assume any further responsibility as to the character or quality of the materials or services to be provided by us, nor shall we be liable for loss, damage, delay, or failure in performance of any nature whatsoever, or any consequences thereof, whether due to our fault or negligence or otherwise. Color Film is not responsible for any costs or damages, nor any consequential costs or damages incurred, whether real or in theory, including shipping charges the client may have expended. Returned merchandise will not be accepted or credited without prior authorization by us. Cancelled orders are subject to a cancellation fee and client is responsible for payment for all materials purchased, and work completed to date. All orders will be charged a packing and handling fee. |