Address: Unit 608, No.6 Hongmian Dao, Futian Free Trade Zone, Shenzhen, China
We are happy to accept bank wire, cash, checks, Letter of Credit, and money orders.
If replication orders are prepaid in full, including freight and applicable taxes, (if any) over will be at no charge, the Client will get 2% discount.
Direct mail fulfillment orders always require postage to be paid before mailing. You will be informed of the exact postage after we receive your mailing list.
Cash or bank wire sales: we require a 50% deposit with submission of your order. Balance must always be received before 11:59 AM China Standard Time to ensure shipping that same day..
Personal check or company check: we will wait until the check clears to release the product. Returned checks will incur a US$25.00 fee extra.
In some cases we can accept VISA/MC (adds 4% service fee), American express (adds 8% service fee) or Pay Pal (adds 4% service fee).
Letter of Credit or money orders must give us bank application in advance and the draft must be satisfactory to Discturnkey.
If the Client is a corporation or limited liability company or Sole proprietorship, cliet must fill out a credit application before any order can be processed. The president or Owner (Guarantor) of said company personally guarantees the prompt payment of all invoices tendered by Discturnkey to Client. This is a continuing guaranty and will remain in force until revoked by Guarantor by giving notice in writing to Discturnkey. Revocation will be effective only as to transactions entered into after receipt of notice of revocation by Discturnkey. This guaranty covers the renewal of the debt guaranteed by this instrument or extensions of time for payment thereof. Guarantor agrees to pay on demand all sums due or to become due by Debtor to Creditor as well as attorney’s fees and expenses incurred by Discturnkey by reason of Client’s default.
Discturnkey may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and conditions satisfactory to our credit department. The products will be subjected to a storage fee of $30/month per m3. interest shall run on said amount from the initial billing date at the rate of one and one-half percent per month (18% annum) and shall accrue daily.
In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within sixty (60) days from completion, Discturnkey has the right to sell, dispose of, destroy or use any such material on hand in any way Discturnkey chooses without any liability by Discturnkey to the Client or others.
UNTIL THE CLIENT HAS PAID THE FULL PURCHASE AMOUNT FOR ALL THE GOODS AND SERVICES SOLD (unless otherwise agreed by Discturnkey) PURSUANT TO EACH PURCHASE ORDER, THE CONTENT AND ARTWORK DESIGNED BY COMPANY PURSUANT TO SUCH PURCHASE ORDER SHALL REMAIN THE INTELLECTUAL PROPERTY OF COMPANY.
Invoices will be issued upon shipment of Products (unless shipment is delayed by the Client, in which case an invoice will be issued upon the completion of manufacturing). Invoices for services performed by Discturnkey hereunder will be issued upon completion of those services.
Pricing and shipping policy
Prices are FOB our plant (unless otherwise stated in writing) and are subject to change without notice. Shipment is by regular ground service unless otherwise specified by The Client. Discturnkey is not legally responsible for loss or damage once any product has left our premises. The transport company offers USD$100 insurance per shipment and we supplement this with general cargo insurance on our corporate policy for losses OVER USD$1000. If the merchandise is damaged, it is imperative that The Client immediately state this in writing on the waybill. Your signature on the waybill releases the carrier and Discturnkey from any liability. You must advise us in writing before shipping if you want to purchase additional insurance from the courier or trucking company.
Authorization of work
Discturnkey Solution Company Limited. ("Discturnkey") will perform work or provide services with respect to any related master material ("Duplication Material"), related packaging material ("Package Material") and/or films, screens or other related labeling material ("Labeling Material"), only upon receipt at its offices of a purchase order or written authorization relating to such work or services signed by the Owner of such Duplication Material or his duly authorized representatives. Discturnkey reserves the right to produce and bill for production overruns up to ten percent over the Client’s order for Product. Discturnkey will consider all The Client orders complete for shipments of ninety (90) percent or more of total quantity ordered.
License of Master Recordings and Materials
The Client hereby grants to Discturnkey and Discturnkey hereby accepts from The Client, a non-exclusive license to manufacture the product from the Master Recording(s) identified on this order and to use any related photographs, biographical material, label data, or album cover artwork, or any other materials provided to Discturnkey hereunder by The Client, for that purpose.
The following warranty is the sole warranty given by Discturnkey to The Client in respect of the work or services to be performed or provided by Discturnkey and excludes the application of any other warranty or guarantee of any nature whatsoever, whether legal, conventional or customary. Discturnkey warrants that material produced and delivered by Discturnkey hereunder meets Discturnkey’s standard specifications for the material or such other specifications as have been expressly made a part of this Agreement and that such material is adequately contained, packaged and labeled. If any compact disc or other material produced by Discturnkey (" Product") from or through the use of Duplication Material, Packaging Material or Labeling Material is found to be defective in quality, or is shipped or labeled in error, Discturnkey will replace or repair such defective Product and/or correct such error in shipment or labeling at its own expense, on the condition that: a) written notice of such defect or error is received by Discturnkey at its office within ten days after its arrival at destination; and b) the defect or error did not result from a defect or error in the Duplication Material, Packaging Material and/or Labeling Material supplied by or on behalf of The Client. If said notice is not received by Discturnkey within the delay indicated above, Discturnkey will be deemed to be released from any and all liability. The Client shall return any defective Product to Discturnkey should Discturnkey so request. Discturnkey’s liability for breach of warranty hereunder is limited solely to the replacement or the repairs, as the case may be, of defective Product which shall be returned to Discturnkey’s plant or to any licensed dealer of Discturnkey for such purpose as required. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES (WHETHER WRITTEN, ORAL, OR IMPLIED) INCLUDING WARRANTY OF MERCHANTABILITY IN OTHER RESPECTS THAN EXPRESSLY SET FORTH ABOVE AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Unless otherwise stated on this order, and agreed upon in writing, delivery times are estimates.
Storage of duplication material, packaging material and labeling material: Discturnkey will store Duplication Material, Packaging Material and Labeling Material without charge to the Client for a maximum of six (6) months following the last order placed by The Client. Without prejudice to any other rights which Discturnkey might posses under these terms and conditions, Discturnkey may, at its option, after the expiry of said six (6) month period and after having given thirty (30) days’ written or verbal notice to The Client: i). return the Duplication Material, Packaging Material and/or Labeling Material to The Client at the address indicated on the last order placed by The Client at the latter’s expense; ii). store the Duplication Material, Packaging Material and/or Labeling Material at The Client’s expense, subject to such storage charges as Discturnkey may from time to time determine; iii). destroy the Duplication Material, Packaging Material and/or Labeling Material the whole without any liability on Discturnkey’s part. If the amount of packaging material remaining is less than three hundred (300) units, this stock may be discarded without notice. Client property stored in our premises is not insured and is stored strictly at the Client’s risk. Any packaging material in storage for more than twelve (12) months from the client’s last order may be discarded without notice and without any liability on Discturnkey’s part. Any masters or artwork in storage for more than three (3) years from the client’s last order may be discarded without notice and without any liability on Discturnkey’s part.
Client orders for products not yet manufactured by Discturnkey may be terminated by either party upon 30 days written notice. The Client will be responsible for all costs incurred by The Company related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of termination. After such termination, The Clients’ original materials and any completed product may be delivered to The Client only after all sums owing to Discturnkey have been paid in full by cash or certified check.
Limitation of liability
Any or all work performed by Discturnkey for the benefit of The Client is performed at the sole risk of The Client. Except as expressly set forth above, Discturnkey does not in any way warrant or guarantee and is in no way responsible for the quality of service provided by Discturnkey, the results of any work or services provided by Discturnkey or any delays in providing such services or any damages or loss of any kind (including loss, destruction, or partial or full deterioration of Duplication Material, Packaging Material or Labeling Material) due to any cause whatsoever, including, without limiting the generality of the foregoing, damages due to: the method of work employed by Discturnkey; the quality of services provided by Discturnkey; negligence or error by Discturnkey or by any of its employees; faulty maintenance, defective machinery or faulty equipment, notwithstanding the fact that Discturnkey is or should be aware of any of the foregoing; and fire, theft, vandalism or any fortuitous event or force majeure or other event outside the control of Discturnkey. Moreover, Discturnkey 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 Client for any reason referred to above. The Client shall indemnify and hold Discturnkey harmless from and against any damage, loss, liability or expense claimed by a third party arising from any cause whatsoever, including negligence on the part of Discturnkey. Discturnkey shall not be liable under any circumstance for consequential or incidental damages or lost profits.
Representations and warranties of Client
The Client represents and warrants, throughout any period of time in which services of Discturnkey are required, that it is the sole owner of any Duplication Material, Packaging Material or Labeling Material remitted to Discturnkey or that it has the right and authority to reproduce said Duplication Material, Packaging Material or Labeling Material. The Client further represents and warrants that any work performed on said Duplication Material, Packaging Material or Labeling Material by Discturnkey will not constitute a breach of ownership rights or an infringement of any patent, trade or service mark or copyright of any third party, wherever located. The Client shall remit to Discturnkey written evidence of its rights in accordance with the requirements of all applicable law. The Client shall indemnify and hold Discturnkey harmless from and against any damage, loss, claim, liability or expense arising out of any breach of the above-stated representations and warranties.
As security for any and all amounts owing by The Client to Discturnkey, The Client shall be deemed to have pledged to Discturnkey all Duplication Material, Packaging Material, Labeling Material and Product ("Pledged Property"), whether or not said amounts are related to work or services performed with respect to the Pledged Property. In the event of default of payment in accordance with the terms of paragraph 4, Discturnkey shall be entitled to retain the Pledged Property until paid in full and shall be entitled to exercise its rights in the Pledged Property as a holder of a security interest under the Uniform Commercial Code or any other applicable law.
Neither party shall be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers. The party whose performance is prevented by such contingency shall have the right to omit during the period of such contingency all or any portion of the quantity deliverable during such period, whereupon the total quantity deliverable under this Agreement shall be reduced by the quantity so omitted. If, due to any such occurrence, Discturnkey is unable to supply the total demands for any Product for any Product specified in this agreement, Discturnkey shall have the right to allocate its available supply among its Clients in a fair and equitable manner. In no event shall Discturnkey be obligated to purchase material from others in order to enable it to deliver Product to The Client.
These Standard Terms and Conditions of Sale may not be further modified orally, no waiver, amendment or modification shall be binding or effective unless in writing and signed by the part to be bound.
Please remember, your satisfaction is guaranteed! If you have any questions about our terms and conditions, please contact us.