General Terms (applies to all orders) Pricing and delivery
INE Media reserves the right to change prices, colors, materials, specifications, and quantities in our catalog, website, or elsewhere without notice or obligation. Quoted or acknowledged delivery dates are only estimates. Turn times are not guaranteed and are subject to seasonal fluctuations. Intricate packaging options or products requiring a non-standard template or manual production will take longer. Ask your salesperson for an estimated delivery date. INE Media is not liable for special, incidental, or consequential damages related to omissions or errors in our catalog, website, or elsewhere.

Prices quoted do not include freight. All shipping is from Jacksonville, FL, unless indicated otherwise. Once a product shipment has left INE Media's premises, INE Media is not responsible for loss or damage to the product. If there is damage, a claim should be filed directly with the shipping company.

Payment terms
INE Media accepts cash, check, money order, VISA, MasterCard, Discover, and American Express.

Companies requesting credit terms must fill out a credit application before any order can be processed. Please allow three business days for processing. 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 (2%) per month (24% 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 INE Media's reasonable legal fees and litigation/arbitration fees and costs) incurred by INE Media in recovering any amounts owed to it by the Customer.

Shipping
INE Media’s prices do not include shipping. Most orders ship via 2-day service at standard ground rates.

Order cancellation
INE Media reserves the right to refuse or cancel any order.

Custom Replication/Duplication Order Terms Intellectual Property Rights Protection
INE Media participates in the International Recording Media Association's (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.

The customer represents and warrants to INE Media: (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 INE Media 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 INE Media are not, or will not be, as a result of the execution and delivery of this agreement or the performance by INE Media 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 INE Media 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.

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

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

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

Pricing and delivery
INE Media reserves the right to produce and bill for production overruns or underruns 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 INE Media 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. INE Media specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.

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, INE Media has the right to sell, dispose of, destroy or use any such material on hand in any way INE Media chooses without any liability by INE Media to the customer or others.

INE Media 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 or DVD, digital video master, Zip, SyQuest, 1630, DLT, DAT, or other digital recording medium, or as uploaded to INE Media’ web site via FTP, email, or other means) for manufacturing. As such, INE Media does not return such electronic content to the customer upon completion of the order.

While INE Media will treat the customer's materials with the utmost care, INE Media 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 INE Media.

Customer's materials stored in INE Media’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 INE Media’s premises.

Payment terms
INE Media requires replication & duplication orders to be prepaid in full. Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.

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

INE Media warrants that material produced and delivered by INE Media meets INE Media'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 INE Media products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by INE Media from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, INE Media will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at INE Media’s option, refund to customer part or all of the purchase paid to INE Media, on the condition that a) written notice of such defect or error is received by INE Media at its office within thirty (30) days after shipment by INE Media 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 INE Media within the date indicated above, INE Media will be deemed to be released by customer from any and all liability.

The customer shall return any defective product to INE Media should INE Media so request. No merchandise may be returned to INE Media without written return authorization by INE Media. 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 INE Media. The RMA number must appear on your address label. INE Media reserves the right to refuse delivery of any item returned without an RMA number.

INE Media 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 INE Media may be cancelled by either party at any time. The customer will be responsible for all costs incurred by INE Media related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation.