Please read our terms and conditions of sale prior to purchase.

General terms (applies to all orders)

Pricing and delivery

Optical Media Manufacturing, Inc., reserves the right to change prices, colors, materials, specifications and quantities in our catalog, web site, or elsewhere without notice or obligation.

Prices quoted in our catalog do not include freight. All shipping is FOB Optical Media Manufacturing, Inc, unless indicated otherwise. Optical Media Manufacturing, Inc is not responsible for loss or damage to the product once any product has left Optical Media Manufacturing, Inc.’s’ premises.

Optical Media Manufacturing, Inc maintains offices and facilities in several states and charges applicable sales tax when appropriate, as required by law. Optical Media Manufacturing, Inc has nexuses in the following states: IN, OH, CA, IL, TN, MI, NY, GA, FL and WI..

Acceptance of a client’s PO does not negate or invalidate any of the terms and conditions on this page. The terms and conditions on this page may not be amended unless a signed waiver on Optical Media Manufacturing, Inc.’s letterhead is produced.

Payment Terms

Optical Media Manufacturing, Inc. accepts cash, check, money order, VISA, MasterCard, Discover, American Express, PayPal, and Bill Me Later®.

Companies requesting credit must fill out a credit application before any order can be processed. A purchase order is required before any open account order can be processed.

Should any amount remain outstanding after its due date, interest shall run on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily. In addition to the foregoing, the Customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation Optical Media Manufacturing, Inc.,' reasonable legal fees and litigation/arbitration fees and costs) incurred by Optical Media Manufacturing, Inc., in recovering any amounts owed to it by the Customer.

Order Cancellation

Optical Media Manufacturing, Inc., reserves the right to refuse or cancel any order.


Optical Manufacturing (Discs, Vinyl, USB, and all printed items) order terms

Intellectual Property Rights Protection

Optical Media Manufacturing, Inc.’s Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their content.

The customer represents and warrants to Optical Media Manufacturing, Inc.’s: (a) that it 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 the materials provided to Optical Media Manufacturing, Inc., by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and Optical Media Manufacturing, Inc., are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Optical Media Manufacturing, Inc., of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.

Customer agrees to indemnify, defend, protect, and hold harmless Optical Media Manufacturing, Inc., and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.

Optical Media Manufacturing, Inc., reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.

The customer agrees to provide Optical Media Manufacturing, Inc., upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Optical Media Manufacturing, Inc. does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Optical Media Manufacturing, Inc., may rely on the customer's representations and warranties herein and provided under Optical Media Manufacturing, Inc.’s Intellectual Property Rights Form even if Optical Media Manufacturing, Inc., investigates such ownership.

If Optical Media Manufacturing, Inc., determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Optical Media Manufacturing, Inc., will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Optical Media Manufacturing, Inc., will return such materials to the customer.

Pricing and Delivery

Optical Media Manufacturing, Inc., reserves the right to produce and bill for production over-runs or under-runs up to five percent (5%) of the customer's order. Customer will be billed for actual amounts shipped.

The customer's order will be delayed if the customer has failed to provide to Optical Media Manufacturing, Inc., all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).

Quoted or acknowledged delivery dates are only estimated dates of delivery. Optical Media Manufacturing, Inc. specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.

Coupons, discounts, promotions and contest awards are non-transferable and expire 120 days after award (offer) date, unless an extended expiration is explicitly stated on the award. Coupons, discounts promotions and contest awards are not redeemable for cash, may not be replaced if lost or stolen and may not be used in conjunction with any other offer. Void if reproduced, purchased, traded or sold.

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 ninety (90) days from completion, Optical Media Manufacturing, Inc., has the right to sell, dispose of, destroy or use any such material on hand in any way Optical Media Manufacturing, Inc., chooses without any liability by Optical Media Manufacturing, Inc., to the customer or others.

Optical Media Manufacturing, Inc., assumes that the client has backups or originals of all content (including without limitation masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic form (including without limitation on recordable CD, DVD, BD (blu-ray disc), DDP digital video master,1630, DLT, DAT, or other digital recording medium, or as uploaded to Optical Media Manufacturing, Inc.’s web site via FTP, email, or other means) for manufacturing. As such, Optical Media Manufacturing, Inc. is not obligated to return such electronic content to the customer upon completion of the order. Optical Media Manufacturing, Inc. will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.

Upon completion of any replication or printing order Optical Media Manufacturing, Inc., will retain certain production masters (e.g. stampers, label film, original graphics files, and other materials needed to manufacture the product to the customer's specification) for a period of 30 days at which time physical production masters will be recycled and the content stored digitally For orders over 299 units or placed after November 2013, your art and content are digitally stored and archived for use when manufacturing a reorder. Orders under 300 units, placed prior to November 2013 are archived for 12 months. Affected reorders placed after more than 12 months of inactivity will not incur any extra prep charges so long as Optical Media Manufacturing, Inc. is provided one copy of the original finished product from the customer at the time of reorder.

While Optical Media Manufacturing, Inc., will treat the customer's materials with the utmost care, Optical Media Manufacturing, Inc., specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and possession of Optical Media Manufacturing, Inc.

Customer's materials stored in Optical Media Manufacturing, Inc.’s premises are not insured and are stored strictly at the customer's risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from Optical Media Manufacturing, Inc.’s premises.

Payment Terms

The balance of the purchase price, subject to a five percent (5%) production under or over run, is due upon completion of the order, before shipping (no C.O.D.s).

If replication orders are prepaid in full, including freight and applicable taxes, any overs will be at no charge.

Reorders, rush-orders and printed materials, must be prepaid in full, including freight and any applicable taxes.

Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list.

Warranty of product, limitation of liability, and indemnification

Optical Media Manufacturing, Inc., guarantees the customer's satisfaction with art and content proofs. If Optical Media Manufacturing, Inc., cannot satisfy the customer, Optical Media Manufacturing, Inc., will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved Optical Media Manufacturing, Inc., will charge for all work and services performed, even if the project is subsequently canceled.

Optical Media Manufacturing, Inc., warrants that material produced and delivered by Optical Media Manufacturing, Inc., meets Optical Media Manufacturing, Inc.’s standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.

All custom-manufactured and/or printed Optical Media Manufacturing, Inc., products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Optical Media Manufacturing, Inc., from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Optical Media Manufacturing, Inc., will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Optical Media Manufacturing, Inc.’s option, refund to customer part or all of the purchase paid to Optical Media Manufacturing, Inc.,, on the condition that a) written notice of such defect or error is received by Optical Media Manufacturing, Inc., at its office within thirty (30) days after shipment by Optical Media Manufacturing, Inc., to customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by Optical Media Manufacturing, Inc., within the date indicated above, Optical Media Manufacturing, Inc., will be deemed to be released by customer from any and all liability.

The customer shall return any defective product to Optical Media Manufacturing, Inc., should Optical Media Manufacturing, Inc., so request. No merchandise may be returned to Optical Media Manufacturing, Inc., without written return authorization by Optical Media Manufacturing, Inc.,. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.

Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Optical Media Manufacturing, Inc.,. The RMA number must appear on your address label. Optical Media Manufacturing, Inc., reserves the right to refuse delivery of any item returned without an RMA number.

Optical Media Manufacturing, Inc., 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 customer for any reason whatsoever.

Order Cancellation

Orders for products not yet manufactured by Optical Media Manufacturing, Inc., may be cancelled by either party at any time. The customer will be responsible for all costs incurred by Optical Media Manufacturing, Inc., related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to Optical Media Manufacturing, Inc., have been paid in full by cash or check.


Duplication, 4 color print, and blank media/supplies order terms

Intellectual Property Rights Protection

Optical Media Manufacturing, Inc.’s Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their content.

Customers purchasing CD and DVD duplicators, blank recordable media, and other hardware and supplies warrant that they will use the equipment and media only for legitimate uses that do not infringe on the intellectual property rights of third parties.

Pricing and delivery

Quoted or acknowledged delivery dates are only estimated dates of delivery. Optical Media Manufacturing, Inc., specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.

Warranty of product, limitation of liability, and indemnification

Optical Media Manufacturing, Inc., warrants to the original purchaser of hardware products or consumables that products will be free from defects in materials and workmanship for various periods of time (six months to two years from the date of shipment) depending on the product. During the warranty period, Optical Media Manufacturing, Inc., will, at its option: provide replacement parts necessary to repair the product; replace the product with a comparable product (provided product is returned within 30 days from the date of shipment), or refund the amount you paid for the product, less a 15% restocking fee (provided product is returned within 30 days from the date of shipment). This limited warranty covers normal use. Optical Media Manufacturing, Inc., does not warrant and is not responsible for damages caused by misuse, abuse, accidents, viruses, unauthorized service or parts, or the combination of Optical Media Manufacturing, Inc., branded products with other products. Optical Media Manufacturing, Inc., warrants that repair services provided will be performed in a professional and workmanlike manner. You should back up all files before services are performed. Optical Media Manufacturing, Inc., is not responsible for any loss of your data. Optical Media Manufacturing, Inc., shall have a reasonable time to repair or replace such products. Repaired or replaced hardware products will be warranted for the balance of the initial warranty period or for 90 days, whichever is longer.

THIS EXPRESS WARRANTY SHALL EXTEND TO ONLY CUSTOMERS OF OPTICAL MEDIA MANUFACTURING, INC., AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.

Optical Media Manufacturing, Inc.’s liability under this warranty extends solely to the obligation to repair or replace a covered product. Optical Media Manufacturing, Inc.,' liability under this warranty shall not exceed the cost of the covered product. The foregoing warranties are exclusive and are in lieu of all other warranties whether written or implied including warranty of merchantability in other respects than expressly set forth above and warranty of fitness for a particular purpose. Further, Optical Media Manufacturing, Inc., shall have no liability for any consequential or punitive damages or losses to customer or anyone else, under any theory, for defects in material or workmanship or any other reason whatsoever.

Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Optical Media Manufacturing, Inc.,. The RMA number must appear on your address label. Optical Media Manufacturing, Inc., reserves the right to refuse delivery of any item returned without an RMA number.

All hardware, software, and media products must be returned in the original packaging with all original accessories and documentation included. Optical Media Manufacturing, Inc., reserves the right to refuse delivery of any item that is not returned in the original packaging. Returned products must be in the same condition as you received them. You must return all pre-loaded software with the product and you may only return pre-loaded software if you choose to return the product. You may return other software only if the package has not been opened. Any returns authorized by Optical Media Manufacturing, Inc., are subject to a 15% restocking charge and the customer is responsible for all shipping charges to return product. Product must be returned to Optical Media Manufacturing, Inc., within 30 days from the date of shipment. Non-defective hardware product may be returned to Optical Media Manufacturing, Inc., (with an RMA) to be exchanged for a new product within 30 days from the date of shipment. Optical Media Manufacturing, Inc., will ship new product upon receipt of the product to be exchanged. If you request that the new product be shipped prior to Optical Media Manufacturing, Inc., receiving the product to be exchanged, Optical Media Manufacturing, Inc., will invoice and charge your credit card for the new product. Upon receipt of the original product, Optical Media Manufacturing, Inc., will credit your account and credit card. The customer is responsible for all shipping charges and applicable sales tax for exchanged product.

Optical Media Manufacturing, Inc., 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 customer for any reason whatsoever.

Recordable media guarantee

Optical Media Manufacturing, Inc., guarantees that once you have successfully recorded data onto a recordable CD-R or DVD-R purchased from Optical Media Manufacturing, Inc., the integrity of the data will remain intact. If a recorded disc(s) loses data after successful recording, Optical Media Manufacturing, Inc., will replace the affected disc(s) with comparable media. Discs that have been rejected during duplication are not covered under this guarantee. Due to the nature of duplication technology and compatibility between media and hardware, a rejection rate of up to 8% is normal during duplication. Optical Media Manufacturing, Inc.’s liability under this warranty shall not exceed the cost of the covered media. This limited warranty covers normal use. Optical Media Manufacturing, Inc., does not warrant and is not responsible for damages caused by misuse, abuse, accidents.

Software license

Title to software included with Optical Media Manufacturing, Inc.’s hardware products remains with the licensor of the software. Software is being licensed (and not sold) to you by Optical Media Manufacturing, Inc., on a non-exclusive basis. Your use of software is subject to license agreements applicable to the software. As a licensee of the software, you may: use the software on a single computer or a single file server for use on a single local area network; make one copy of the software in a machine-readable form for backup purposes only. You may not rent or lease the software, but you may transfer the software and accompanying written materials on a permanent basis provided that you retain no copies and the recipient agrees to the terms of this agreement.


OUR MATCH PRICE PROMISE

With our Match Price Promise you'll never have to choose again between the fastest turn times, highest quality, or most competitive pricing in the industry.

Here's what our Promise means:

We will match any written quote on an identical CD, DVD or BD replication package or Disc Duplication, 4 color 300 dpi Print from any reputable U.S. manufacturer. No Problem!